Volume 22 , Issue 2: Prison Policy

Articles

The New Frontier of Public Safety

Mark L. Earley
Kathryn Wiley

Starting in the 1980s, federal and state legislators made great efforts to take dangerous people off the street, ultimately putting more people behind bars for longer times. This Article explores how this trend turned the correctional system into a massive government program that still fell short in actually transforming the behavior of inmates. It then discusses the long-term solution for improving public safety: improving the opportunities provided for personal transformation while behind bars, namely through community-based partnerships. Read more about The New Frontier of Public Safety

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 343
  • Article

Captive Constituents: Prison-Based Gerrymandering and the Current Redistricting Cycle

State Senates in Maryland, Delaware, and New York have approved ceasing the practice of “prison-based gerrymandering,” in which incarcerated persons are counted based on their places of confinement in the redistricting process. The Article details how this practice distorts political representation and dilutes the voting power of constituents outside of prison districts. Subsequently, it discusses the issue and differences between physical presence and legal residence. Read more about Captive Constituents: Prison-Based Gerrymandering and the Current Redistricting Cycle

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 355
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Normative Elements of Parole Risk

The benefits of discretionary parole release are two-fold. It allows states to free up resources while maintaining public safety in addition to providing incentives for inmates to behave. While there are benefits in utilizing this sentencing, California rarely grants release due to the perceived risks of release as assessed by the parole board. This Article intends to break down the difficult question faced by the board when making their decisions: who should be released. Read more about Normative Elements of Parole Risk

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 395
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American Prison Culture in an International Context: An Examination Of Prisons in America, the Netherlands, and Israel

In 2010, the European Court of Human Rights prevented the United States from extraditing a prisoner due to the perceived human rights violations in American maximum-security prisons, a testament to the increasing global perception that the U.S. penal system has drastically changed. This Article analyzes the differences in prison cultures to provide insight regarding the American system. Read more about American Prison Culture in an International Context: An Examination Of Prisons in America, the Netherlands, and Israel

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 413
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Foreigners in a Carceral Age: Immigration and Imprisonment in the United States

The population make-up of American prisons has dramatically changed over the past decade. They are now filled with a new population: non-citizens held either for criminal offenses or under immigration issues. The Article explores the current state of the intersection between border control and prison and how the non-citizen has become America’s newest enemy in the war on crime. Further, it focuses on incarcerated prisoners and points to areas for penal policy reforms at large. Read more about Foreigners in a Carceral Age: Immigration and Imprisonment in the United States

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 429
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Bringing Transparency and Accountability to Criminal Justice Institutions in the South

While many governmental organizations are becoming increasingly transparent, multiple criminal justice entities remain firm in their belief that the public need not oversee them. This Article discusses the necessity of transparency in the criminal justice system to combat the costs of increasing system privatization and to ensure the rights of citizens in the system are upheld. Read more about Bringing Transparency and Accountability to Criminal Justice Institutions in the South

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 455
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The Passage and Implementation of the Prison Rape Elimination Act: Legal Endogeneity and the Uncertain Road from Symbolic Law to Instrumental Effects

While the passage of the Prison Rape Elimination Act signified lawmakers’ recognition of the national social problem of sexual assault in prison, it failed to produce instrumental effects in the correctional system. This Article explores the Act’s objectives and its unique passage, considering the budget it required and the moment of history it was passed in. Read more about The Passage and Implementation of the Prison Rape Elimination Act: Legal Endogeneity and the Uncertain Road from Symbolic Law to Instrumental Effects

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 489
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The Origins of Back-End Sentencing in California: A Dispatch from the Archives

California’s parole system is markedly different from that of other states, largely due to its switch to determinate sentencings and the subsequent passing of the Public Protection Bill of 1978, which required that determinate sentencings be coupled with mandatory post-release supervision. California maintains the largest number of parolees returning to prison, potentially a result of its policies that have made it easier for parole officers to return parolees to prison. Read more about The Origins of Back-End Sentencing in California: A Dispatch from the Archives

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 529
  • Article

The Efficacy of Severe Child Pornography Sentencing: Empirical Validity or Political Rhetoric?

Melissa Hamilton

Congress continues to push for harsher sentencings for child pornography cases, likely due to the polarizing opinion that those convicted of this offense perhaps are or will become child molesters. However, federal judges are more often of the opinion that the sentencing guidelines are too severe and do not provide flexibility depending on the case specifics. This Article first contextualizes the history of the sentencing expansions and discusses cases that raise different issues on both sides of the argument. Read more about The Efficacy of Severe Child Pornography Sentencing: Empirical Validity or Political Rhetoric?

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 545
  • Article

Rethinking Indirect Victim Eligibility for U Non-Immigrant Visas to Better Protect Immigrant Families and Communities

Immigrant victims of various crimes are often fearful of reporting the crime due to the uncertainty of their immigration status. Congress thus created the U Non-Immigrant Visa in hopes that the promise of a visa would motivate non-immigrants to overcome their reluctance and cooperate with law enforcement. However, many questions regarding U-visa regulations remain unanswered, namely the provision allowing indirect victims to receive the visa. Read more about Rethinking Indirect Victim Eligibility for U Non-Immigrant Visas to Better Protect Immigrant Families and Communities

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 587
  • Article

A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana

In 2009, the Department of Justice agreed to cease enforcing the federal marijuana ban against individuals who were in compliance with their state laws. The Non-Enforcement Policy seemingly signified that federal officials were allowing state control in the matter of medical marijuana, however closer examination of the policy sheds a different light. This Article discusses the intricacies of medical marijuana laws and the NEP, including the possibility that federal officials can impose civil sanctions on medical marijuana users. Read more about A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana

  • June 2011
  • 22 Stan.L.& Pol'y Rev. 633
  • Article