Print Issue Volume 99 - Issue 5

What Are We Hoping For? Defining Purpose in Deterrence-Based Correctional Programs

One of the most popular program models in criminal justice today is that popularized by Hawaii Opportunity Probation with Enforcement (HOPE). HOPE and other programs like it grow out of research suggesting that the most effective way to prevent violations of conditions of supervision is to more accurately detect them, respond to them immediately, and […]

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HOPE Probation and the New Drug Court: A Powerful Combination

Traditional felony probation programs in the United States often suffer from poor probationer compliance. In spite of dedicated and skilled probation officers using Evidence Based Principles, many probationers fail to successfully complete probation nationwide. Part of this systemic problem is an inability of Probation Officers and the Court to impose immediate consequences for probation violations […]

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The Burdens of Leniency: The Changing Face of Probation

Since its inception in the mid-1800s, probation has been the sentence of choice in America’s criminal courts, accounting for approximately two-thirds of those under state correctional control, the balance of offenders incarcerated. As such, probation has been widely conceived of as a grant of leniency, a humane alternative to jail and prison, and animated by […]

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The Economic Rehabilitation of Offenders: Recommendations of the Model Penal Code (Second)

It is well known that the United States. is the most punitive society in the world in the use of incarceration, and is in the “upper” tier of worldwide severity in use of the death penalty. Very recently, awareness has been growing that the United States, is equally exceptional for high rates of probation and […]

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The Benefits and Costs of Economic Sanctions: Considering the Victim, the Offender, and Society

A consideration of economic sanctions must distinguish between the types and purposes of the different sanctions.  Costs and fees refer to charges the offender must pay to reimburse the state for the administrative costs of operating the criminal justice system, although there is some variance in how the terms are used.  Fines are monetary penalties […]

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Improving Economic Sanctions in the States

Economic sanctions in the United States justice system have acquired newfound attention from the public and policymakers across the country in recent years. As states reconsider excessively severe sentences for low level offenders captured in the justice system, there is a renewed interest in using alternatives to incarceration—including economic sanctions—to further penal policy while avoiding […]

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Piling On: Collateral Consequences and Community Supervision

While there has been great legal, media, and policy interest in the collateral effects of imprisonment, far less attention has been devoted to collateral consequences during and after periods of community supervision. Such consequences are wide-ranging, placing limits on education, employment, family rights, gun ownership, housing, immigration status, political participation, public assistance, and travel, to […]

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Civil Death in Modern Times: Reconsidering Felony Disenfranchisement in Minnesota

Civil death is a legal status with roots in ancient Greece and brought to the American colonies from England. It deprived individuals convicted of certain offenses, often those with capital or life sentences, of all of their legal rights. Although civil death mostly disappeared in the mid-twentieth century, one of its vestiges is the disenfranchisement […]

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The Case Against Self-Representation in Capital Proceedings

In 1972, the Supreme Court decided Furman v. Georgia, holding that the death penalty was being applied arbitrarily and capriciously—rendering its application unconstitutional. Three years later, while the death penalty was still considered unconstitutional, the Supreme Court in Faretta v. California held that the Sixth Amendment implied the right of self-representation in criminal prosecutions. Since […]

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Inter Partes Review: Ensuring Effective Patent Litigation Through Estoppel

Inter partes review (IPR) is a relatively new proceeding before the Patent and Trademark Office in which a petitioner requests administrative patent judges to review an issued patent and declare its claims invalid. After IPR, the petitioner can continue to litigate patent validity in federal court. However, this second opportunity is tempered by IPR’s estoppel […]

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De Novo

  • The Algorithm Made Me Do It and Other Bad Excuses

    THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]

  • All (Privacy) Is Not Lost

    ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]

  • Pot, Printz, and Preemption

    POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]

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