Anti-Incarcerative Remedies For Illegal Conditions Of Confinement,
2016
University of Michigan Law School
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger
Articles
Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …
Prisons For Profit: Neoliberal Rationality's Transformation Of America's Prisons,
2016
The College of Wooster
Prisons For Profit: Neoliberal Rationality's Transformation Of America's Prisons, Kelsey Clark
Senior Independent Study Theses
This project examines the dramatic changes in the American prison system that resulted from privatization and deregulation. Using Wendy Brown’s conceptualization of neoliberal rationality, this study focuses on the important neoliberal transformation that resulted in a dramatic increase in privatization of prisons. This transformation has affected more than the institutions themselves, as some argue that even individual rationality has been transformed by neoliberalism. The purpose of this study is to analyze the transformation of American prisons from publicly run to privately operated. The analysis includes how this has affected American prisons and the rationalities of those who advocate on behalf …
Booker's Ironies,
2016
Indiana University Maurer School of Law
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment,
2016
Loyola Marymount University and Loyola Law School
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
Loyola of Los Angeles Law Review
No abstract provided.
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt,
2016
Loyola Marymount University and Loyola Law School
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.
Brain Science And The Theory Of Juvenile Mens Rea,
2016
Texas A&M University School of Law
Brain Science And The Theory Of Juvenile Mens Rea, Jenny E. Carroll
Faculty Scholarship
The law has long recognized the distinction between adults and children. A legally designated age determines who can vote, exercise reproductive rights, voluntarily discontinue their education, buy alcohol or tobacco, marry, drive a car, or obtain a tattoo. The Supreme Court has repeatedly upheld such age-based restrictions, most recently constructing an Eighth Amendment jurisprudence that bars the application of certain penalties to juvenile offenders and a Fourth Amendment jurisprudence that contemplates an adolescent-based standard of reasonableness for the Miranda v. Arizona custody analysis. In the cases of Roper v. Simmons , Graham v. Florida , Miller v. Alabama , and …
Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services,
2016
University of Washington School of Law
Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services, Brennen J. Johnson
Washington Journal of Law, Technology & Arts
The First Amendment protects not only our right to share ideas, but also to some extent, our right to choose the specific method by which we share them. Generally speaking, these protections apply to inmates’ rights to communicate with those outside of prison. However, the protection of those rights must be balanced with the penological interests of prisons and jails. Electronic messaging has now become a standard form of communication within most American homes and businesses. Accordingly, the Federal Bureau of Prisons has implemented the TRULINCS program, a program which allows inmates to communicate with those outside of prison through …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons,
2016
University of the District of Columbia
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Faculty Articles
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
Confronting The Carceral State,
2016
Georgetown University Law Center
Confronting The Carceral State, Allegra M. Mcleod
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Public Wrongs And Public Reason,
2016
Saint Louis University School of Law
Public Wrongs And Public Reason, Chad Flanders
All Faculty Scholarship
The distinction between crimes that involve wrongs in themselves and crimes that are wrong because the law makes them so has long puzzled theorists. This essay argues that the distinction, while getting at something real, is based on a mistake. That mistake is made both by those who see moral wrongness as a necessary condition for criminality and by those who believe merely making something illegal is sufficient to make it criminal. Neither is correct. Rather, what makes something a criminal wrong is that it involves a violation of a law that has been justified in terms of “public reason.”
The Effects Of Local Police Surges On Crime And Arrests In New York City,
2016
Columbia Law School
The Effects Of Local Police Surges On Crime And Arrests In New York City, John Macdonald, Jeffery Fagan, Amanda Geller
Faculty Scholarship
The New York Police Department (NYPD) under Operation Impact deployed extra police officers to high crime areas designated as impact zones. Officers were encouraged to conduct investigative stops in these areas. City officials credited the program as one of the leading causes of New York City’s low crime rate. We tested the effects of Operation Impact on reported crimes and arrests from 2004 to 2012 using a difference-in-differences approach. We used Poisson regression models to compare differences in crime and arrest counts before and after census block groups were designated as impact zones compared to census block groups in the …
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women,
2016
Columbia Law School
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
Faculty Scholarship
Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …
Bars To Justice: The Impact Of Rape Myths On Women In Prison,
2016
California Western School of Law
Bars To Justice: The Impact Of Rape Myths On Women In Prison, Hannah Brenner, Kathleen Darcy, Gina Fedock, Sheryl Kubiak
Faculty Scholarship
This article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis of this work, our cohort of scholars in law, social work, and psychology utilized data and personal narratives from the groundbreaking class action lawsuit, Neal v. MDOC, brought on behalf of over 800 female inmates against the State of Michigan. In this article, we identify the most prevalent rape myths we observed from women who were involved …
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle,
2016
University of Colorado Law School
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
Publications
No abstract provided.
The Real Homeland Security Gaps,
2016
FAMU College of Law
The Real Homeland Security Gaps, Areto A. Imoukuede
Journal Publications
This Article reveals the real security gaps in FPS and suggests that the enormous delegation of FPS's vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. However, the current constitutional doctrine regarding inherently governmental functions is so weak that even this obvious example of a vital security function that ought to be performed by government fails to satisfy the current constitutional standard for being inherently governmental. Part II presents the FPS federal infrastructure mission and the real homeland security gaps created by post 9/11 policies that have undermined FPS security capabilities. …
The Incremental Retributive Impact Of A Death Sentence Over Life Without Parole,
2016
University of Colorado, Boulder
The Incremental Retributive Impact Of A Death Sentence Over Life Without Parole, Michael L. Radelet
University of Michigan Journal of Law Reform
In this paper, the author takes a closer look at retribution, which is the primary justification for the death penalty today in the United States and the main component of the additional punishment imposed by the death penalty over and above life imprisonment without parole (LWOP). While all criminal punishments, to varying degrees, punish both the inmate and his or her family, this paper argues that the death penalty’s added punishment over LWOP often punishes the family just as much as the inmate, and after the execution the full brunt of the punishment falls on the family. This added impact …
Retention And Reform In Japanese Capital Punishment,
2016
University of Michigan Law School
Retention And Reform In Japanese Capital Punishment, David T. Johnson
University of Michigan Journal of Law Reform
This Article focuses on the failure of abolition and of death penalty reform in Japan in order to illustrate contingencies in the trajectory of capital punishment in the modern world. Part I describes three facts about postwar Japan that help explain why it retains capital punishment today: a missed opportunity for abolition during the American occupation of the country after World War II; the long-term rule of a conservative political party; and economic and geopolitical power that has enabled the country to resist the influence of international norms. Part II describes a few ways in which Japanese capital punishment has …
The Complicated Economics Of Prison Reform,
2016
Fordham Law School
The Complicated Economics Of Prison Reform, John F. Pfaff
Michigan Law Review
Two recent books on prison growth directly address the relationship between penal change and economic conditions: Hadar Aviram’s Cheap on Crime and Marie Gottschalk’s Caught. Aviram’s is the more optimistic of the two accounts, arguing that there is at least some potential in an economic-based reform effort. Gottschalk, on the other hand, fears not only that economic-based efforts could fail to lead to significant reforms, but that they could actually make prison life worse for inmates if states cut funding and support without cutting populations. Both books make many provocative points, but both also suffer from some surprising omissions. …
Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations,
2016
University of Michigan Law School
Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations, Julie Tanaka Siegel
Michigan Law Review
In Colorado v. Connelly the Supreme Court held that police misconduct is necessary for an inadmissible confession. Since the Connelly decision, courts and scholars have framed the admissibility of a confession in terms of whether it successfully deters future police misconduct. As a result, the admissibility of a confession turns largely on whether U.S. police acted poorly, and only after overcoming this threshold have courts considered factors pointing to the reliability and voluntariness of the confession. In the international context, this translates into the routine and almost mechanic admission of confessions— even when there is clear indication that the confession …
The Psychology And Neurobiology Of Mediation,
2016
Bader Conflict Resolution Services
The Psychology And Neurobiology Of Mediation, Elizabeth E. Bader
Cardozo Journal of Conflict Resolution
This article grew out of a moment in mediation when a party became furious with me after receiving the opening offer from the other side. As I tried to understand what was happening, I suddenly realized it was not about the offer at all. It was about him. He feared a loss of "face" in front of the other parties.
