Early History of Punishment and the Development of Prisons in the United States 3
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Military Law Review
DEPARTMENT OF THE ARMY PAMPHLET 27- 100- 16 MILITARY LAW REVIEW Articles - DISCHARGE AND DISMISSAL AS PUNISHMENT IN THE ARMED FORCES Captain Richard J. Bednar SPACE-A LEGAL VACUUM Joseph J. Simeone ARGUMENT OF MILITARY COUNSEL: LIMITATIONS AND ABUSES I Lieutenant Commander Gardiner M. Haight Survey of the Law A lNUAL SUPPLEMENT TO THE SURVEY OF MI ITARY JUSTICE: THE OCTOBER 1960 TERM OF THE U.S. COURT OF MILITARY APPEALS Comment THE HISS ACT AMENDMENTS HEADQUARTERS, DEPARTMENT OF THE ARMY APRIL 1962 AGO 4870B PREFACE The Military Law Review is designed to provide a medium for those interested in the field of military law to share the product of their experience and research with their fellow lawyers. Articles should be of direct concern and import in this area of scholarship, and preference will be given to those articles having lasting value as reference material for the military lawyer. The Military Law Review does not purport to promulgate De- partment of the Army policy or to be in any sense directory. The opinions reflected in each article are those of the author and do not necessarily reflect the views of The Judge Advocate General or the Department of the Army. Articles, comments, and notes should be submitted in duplicate to the Editor, Military Law Review, The Judge Advocate General’s School, U.S. Army, Charlottesville, Virginia. Footnotes should be set out on pages separate from the text and follow the manner of citation in the Harvard Blue Book. This Review may be cited as Mil. L. Rev., April 1962 (DA Pam 27-100-16, 1 April 62) (number of page). -
The New Civil Death: Rethinking Punishment in the Era of Mass Conviction
G Chin FINAL.docx (DO NOT DELETE) 5/11/2012 3:03 PM ARTICLE THE NEW CIVIL DEATH: RETHINKING PUNISHMENT IN THE ERA OF MASS CONVICTION † GABRIEL J. CHIN INTRODUCTION ................................................................................... 1790 I. CIVIL DEATH IN THE UNITED STATES ............................................ 1793 A. Civil Death and Its Decline Before 1980 .................................... 1793 B. The New Civil Death in the Regulatory State .............................. 1799 C. Mass Conviction, Not (Just) Mass Incarceration ....................... 1803 D. Collateral Consequences as Unrestrained by the Constitution ............................................................................. 1806 1. Individual Collateral Consequences as Regulatory Measures ...................................................... 1807 2. Innovative Collateral Consequences.............................. 1811 3. No Right to Notice at Plea or Sentence ......................... 1814 II. THE CONSTITUTION AND THE NEW CIVIL DEATH ......................... 1815 A. Civil Death and Collateral Consequences as Punishment ............................................................................. 1816 B. Collateral Consequences and Constitutional Criminal Procedure .................................................................. 1821 III. TOWARD ACCOMMODATING THE NEW CIVIL DEATH INTO CRIMINAL PROCEDURE ......................................................... 1825 A. Ex Post Facto ........................................................................... -
State Slavery Sanctioned by the 13Th Amendment
State Slavery sanctioned by the 13th Amendment HISTORY OF PRISON LABOR IN THE UNITED STATES Prison labor has its roots in slavery. After the 1861-1865 Civil War, a system of “hiring out prisoners” was introduced in order to continue the slavery tradition. Freed slaves were charged with not carrying out their sharecropping commitments (cultivating someone else’s land in exchange for part of the harvest) or petty thievery – which were almost never proven –or vagrancy (leaving the plantation in search of better opportunities) and were then “hired out” for cotton picking, working in mines and building railroads. From 1870 until 1910 in the state of Georgia, 88% of hired-out convicts were Black. In Alabama, 93% of “hired-out” miners were Black. In Mississippi, a huge prison farm similar to the old slave plantations replaced the system of hiring out convicts. The notorious Parchman plantation existed until 1972. At least 37 states have legalized the contracting of prison labor by private corporations that mount their operations inside state prisons. The list of such companies contains the cream of U.S. corporate society: IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq, Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and many more. All of these businesses are excited about the economic boom generation by prison labor. Just between 1980 and 1994, profits went up from $392 million to $1.31 billion. Inmates in state penitentiaries generally receive the minimum wage for their work, but not all; in Colorado, they get about $2 per hour, well under the minimum. -
(UNODC), Handbook for Prison Leaders: a Basic Training Tool
Handbook for prison leaders A basic training tool and curriculum for prison managers based on international standards and norms CRIMINAL JUSTICE HANDBOOK SERIES Cover images: Left and right: ©Photodisc.com, Centre: ©iStockphoto.com/theprint UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Handbook for prison leaders A basic training tool and curriculum for prison managers based on international standards and norms CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS New York, 2010 UNITED NATIONS PUBLICATION Sales No. E.10.IV.4 ISBN 978-92-1-130292-9 © United Nations Office on Drugs and Crime, March 2010 The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: UNOV/DM/CMS/EPLS/Electronic Publishing Unit. ii Acknowledgements This Handbook for prison leaders was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate, International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, Canada, with the assistance of Robert E. Brown, Yvon Dandurand and Eric McAskill. The Handbook was reviewed by a group of international experts. UNODC wishes to acknowledge the valuable contribution of experts who reviewed this tool and helped finalize it: Elias Carranza, Aggrey Nyapola, Michael Langelaar, and Richard Kuuire. UNODC also wishes to acknowledge the support provided by the Government of Canada. -
Legal Slaves and Civil Bodies
Legal Slaves and Civil Bodies Dayan, Joan, 1949- Nepantla: Views from South, Volume 2, Issue 1, 2001, pp. 3-39 (Article) Published by Duke University Press For additional information about this article http://muse.jhu.edu/journals/nep/summary/v002/2.1dayan.html Access Provided by University of California @ Santa Cruz at 08/28/12 7:00PM GMT ESSAYS Legal Slaves and Civil Bodies Joan Dayan During my last visit to Haiti, I heard a story about a white dog. Starving, its eyes gone wild, it appears late at night with its tongue hanging out. Reclaimed by an oungan or priest who “deals with both hands,” practicing “bad” magic, the dog comes back to life in skin bloated with spirit. Afriend called it “the dog without skin,” but this creature was not a dog. Instead, when a person died, the spirit, once stolen by the oungan, awakened from what had seemed sure death into this new existence in canine disguise. We all agreed that no manhandled spirit would want to end up reborn in the skin of the dog. Being turned into a dog was bad enough, but to end up losing color, to turn white, seemed worse. In this metamorphosis, the skin of the dead person is left behind, like the skin discarded by a snake. But the person’s spirit remains immured in the coarse envelope, locked in another form, trapped in something not his or her own. I begin with this story, evidence of what some call the “supernatural,” as entry into my discussion of the sorcery of law: most instrumental when most fantastic and most violent when most spectral. -
Promoting a Sustainable Model of Food Justice in America's Prisons Hillary Lyons
Vassar College Digital Window @ Vassar Senior Capstone Projects 2012 Food, Farming, and Freedom : Promoting a Sustainable Model of Food Justice in America's Prisons Hillary Lyons Follow this and additional works at: http://digitalwindow.vassar.edu/senior_capstone Recommended Citation Lyons, Hillary, "Food, Farming, and Freedom : Promoting a Sustainable Model of Food Justice in America's Prisons" (2012). Senior Capstone Projects. 73. http://digitalwindow.vassar.edu/senior_capstone/73 This Open Access is brought to you for free and open access by Digital Window @ Vassar. It has been accepted for inclusion in Senior Capstone Projects by an authorized administrator of Digital Window @ Vassar. For more information, please contact [email protected]. FOOD, FARMING, AND FREEDOM Promoting a Sustainable Model of Food Justice in America's Prisons BY HILLARY LYONS SENIOR THESIS AMCL 302/03 2012 Lyons, 1 TABLE OF CONTENTS ACKNOWLEDGEMENTS ABSTRACT METHODOLOGY I. INTRODUCTION II. PRISON LABOR III. THE TRANSFORMATION OF 21 ST CENTURY AGRICULTURE IV. THE RURAL PRISON BOOM V. THE PRIVATIZATION OF PRISON FOOD VI. CASE STUDY: SA VB OUR PRISON FARMS VII. THE FUTURE OF PRISON FOOD WORKS CITED Lyons, 2 ACKNOWLEDGMENTS I would like to thank all of those who contributed to this research project, without whom, this would not have been possible. These are the people who have incited my passions for food justice and prisoners' rights around the common ideal that I present within this paper: the universal right to self-reliance, empowerment, and food security that can someday move us all toward a sustainable future. To Bridget Doherty of the Save Our Prison Farms campaign, thank you for serving as an inspiration of social and environmental advocacy's potential to unite people, and for representing those that have no political voice in a world dominated by corporate power. -
Spring 2012 a Publication of the CPO Foundation Vol
CPO FAMILY Spring 2012 A Publication of The CPO Foundation Vol. 22, No. 1 The Correctional Peace Officers Foundation CPO Family The Correctional Peace Officers’ Foundation was founded in the early 1980s at Folsom State Prison in California. If this is the first time you are reading one of our semi-annual publications, the magazine, welcome! And to all those that became Supporting Members in the middle to late 1980s and all the years that have followed, THANKS for making the Correctional Peace Officers’ (CPO) Foundation the organization it is today. The CPO Foundationbe there immediatelywas created with two goals Correctional Officer Buddy Herron in mind: first, to Eastern Oregon Correctional Institution in the event of EOW: November 29, 2011 a line-of-duty death; and second, to promote a posi- tive image of the Correc- tions profession. Correctional Officer Tracy Hardin We ended 2011 tragi- High Desert State Prison, Nevada cally with the murder of C/O Buddy Herron of East- EOW: January 20, 2012 ern Oregon Correctional Institution in Pendleton, Oregon. Upon hearing of his death I immediately Correctional Corporal Barbara Ester flew to Portland, Oregon, East Arkansas Unit along with Kim Blakley, EOW: January 20, 2012 and met up with Oregon CPOF Field Representative Dan Weber. Through the Internet the death of one of our own spreads quickly. Correctional Sergeant Ruben Thomas III As mentioned in the Com- Columbia Correctional Institution, Florida mander’s article (inside, EOW: March 18, 2012 starting on page 10), Honor Guards from across the na- tion snapped to attention. Corrections Officer Britney Muex Thus, Kim and I were met in Pendleton by hundreds and Lake County Sheriff’s Department, Indiana hundreds of uniform staff. -
SELECTED DECISIONS of the HUMAN RIGHTS COMMITTEE Under the OPTIONAL PROTOCOL
OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SELECTED DECISIONS OF THE HUMAN RIGHTS COMMITTEE under THE OPTIONAL PROTOCOL Volume 7 Sixty-sixth to seventy-fourth sessions (July 1999 – March 2002) UNITED NATIONS New York and Geneva, 2006 NOTE Material contained in this publication may be freely quoted or reprinted, provided credit is given and a copy of the publication containing the reprinted material is sent to the Office of the United Nations High Commissioner for Human Rights, Palais des Nations, 8-14 avenue de la Paix, CH-1211 Geneva 10, Switzerland. CCPR/C/OP/7 UNITED NATIONS PUBLICATION Sales No. E.06.XIV.1 ISBN 92-1-130294-3 ii CONTENTS (Selected decisions — Sixty-sixth to seventy-fourth sessions) Page Introduction........................................................................................................................... 1 FINAL DECISIONS A. Decision declaring a communication admissible (the number of the Committee session is indicated in brackets) No. 845/1999 [67] Rawle Kennedy v. Trinidad and Tobago............................. 5 B. Decisions declaring a communication inadmissible (the number of the Committee session is indicated in brackets) No. 717/1996 [66] Acuña Inostroza et al v. Chile.............................................. 13 No. 880/1999 [74] Terry Irving v. Australia...................................................... 18 No. 925/2000 [73] Wan Kuok Koi v. Portugal .................................................. 22 C. Views under article 5 (4) of the Optional Protocol No. 580/1994 [74] Glen Ashby v. Trinidad and Tobago ................................... 29 No. 688/1996 [69] María Sybila Arredondo v. Peru.......................................... 36 No. 701/1996 [69] Cesario Gómez Vázquez v. Spain........................................ 43 No. 727/1996 [71] Dobroslav Paraga v. Croatia ................................................ 48 No. 736/1997 [70] Malcolm Ross v. -
Death Delayed Is Retribution Denied Russell L
University of Minnesota Law School Scholarship Repository Minnesota Law Review 2014 Death Delayed Is Retribution Denied Russell L. Christopher Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Christopher, Russell L., "Death Delayed Is Retribution Denied" (2014). Minnesota Law Review. 241. https://scholarship.law.umn.edu/mlr/241 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. CHRISTOPHER_5fmt 11/30/2014 2:28 PM Article Death Delayed Is Retribution Denied Russell L. Christopher† INTRODUCTION In many of the top death penalty states, the leading cause of death for prisoners on death row is not lethal injection. Nor is it the electric chair. It is not even any form of execution. It is death by natural and other causes.1 From 1973–2011, in four of the top five states with the largest death row populations in 2011, more death row prisoners died of old age than were exe- cuted.2 In California during that period, for every one prisoner executed, six died on death row of other causes.3 In Pennsylva- nia during the same period, a death row prisoner was nine times more likely to die from other causes than by execution.4 The ballooning number of prisoners spending decades on death row who will die prior to execution stems from the combined ef- † Professor of Law, The University of Tulsa. -
Annual Report
If you have issues viewing or accessing this file contact us at NCJRS.gov. .. " ANNUAL REPORT, I I /, i • . .. Information contained in this report was collected from staff, compiled, and analyzed by the Research, Planning, and Management Services Division. Typography by Graphic Arts-Women'g Unit Arkansas Correctional Industries Printing by Duplicating Services-Wrightsville Unit Arkansas Correctional Industries /(J75JI ARKANSAS DEPARTMENT OF CORRECTION POST OFFICE BOX 8707 PINE BLUFF, ARKANSAS 71611 0 PHONE: (501) 247-1800 A. L. LOCKHART, Director BILL CLINTON WOODSON D. WALKER Governor Chairman Boord of Correction June 30, 1986 The Honorable Bill Clinton Governor, State of Arkansas State Capitol Building Little Rock, AR 72201 Dear Governor Clinton: In accordance with Act 50, Section 5, paragraph (f) of the Arkansas Statutes, the Department of Correction respectfully submits its Annual Report for the fiscal year 1985·86. This report will provide you, the General Assembly, and other interested individuals and agencies, with information regarding the activities, function, quantitative analysis and impact of the Arkansas Department of Correction as it executes its statutory responsibility for the custody, care, treatment and management of adult offenders. The goal of the Department is to provide for the protection of free society by carrying out the mandate of the courts; provide a safe and humane environment for staff and inmates; strengthen the work ethic through the teaching of good work habits; and provide opportunities for inmates .0 improve spiritually, mentally and physically. The employees of the Department of Correction are committed to improving all programs and maintaining a constitutional status with prior federal court orders. -
BOARD REPORT January 2021
BOARD REPORT January 2021 FARM During the month of December, steers from both farms were RESEARCH/PLANNING sold through Superior Livestock at a good price and were shipped out prior to Christmas. All heifers are being held as possible December 2020 Admissions and Releases – Admissions for replacements for the coming year. December 2020 totaled 468 (402-males and 66-females) while releases totaled 522 (449-males and 73 females) for a net decrease Greenhouses are being finished out at units across the state in in-house of 54 inmates. preparation of being operational by spring. Inmate Population Growth/Projection – At the end of December Thirty head of dairy cattle were purchased from an Arkansas 2020, the jurisdictional population for the Division of Correction dairy. A total of 15 are fresh milking and the remaining half are totaled 16,094, representing a decrease of 1,665 inmates since the springing heifers. This purchase has already increased the milk first of January 2020. Calendar year 2020 has seen an average decrease production for Farm Operations. of 139 inmates per month, which is up from an average monthly In anticipation of planting the 2021 crops, row crop crews decrease of three inmates per month during calendar year 2019. worked in the shops preparing equipment. Average County Jail Back-up – The backup in the county jails averaged 1,853 inmates per day during the month of December REGIONAL MAINTENANCE HOURS 2020, which was down from the per-day average of 1,986 inmates Regional Maintenance Hours December 2020 during the month of November 2020. -
Montana Model UN High School Conference
Montana Model UN High School Conference General Assembly Third Committee Topic 1: Abolishing the Death Penalty1 25 September, 2017 Capital punishment, or the death penalty, is punishment by death for a crime. According to the human rights group Amnesty International, as of 2017, more than half of countries worldwide have abolished capital punishment completely. These states, known as “abolitionist,” now number 104. There are 141 countries, two-thirds of the world’s countries, that have abolished capital punishment in “law or practice.” Over the past twenty years, an average of two states per year have abolished the death penalty. The most recent states to do so were Benin and Nauru, which abolished capital punishment in 2016.2 States that retain the death penalty are known as “retentionist.” According to Amnesty International, 57 countries continue to use capital punishment.3 Of those, 23 are known to have carried out executions in 2016. That year, 87 percent of all 1,032 reported executions took place in four countries: Iraq, Iran, Saudi Arabia, and China. The US was not among the most prevalent users of capital punishment for the first time since 2006. The only remaining European country with capital punishment is Belarus, while Russia is abolitionist for ordinary crimes.4 According to human rights activists, the death penalty violates the right to life of all persons proclaimed in the Universal Declaration of Human Rights and other human rights treaties. Over time, this view has gained support. Since 2007, the UN General Assembly (GA) resolved to establish a worldwide moratorium (suspension) of the death penalty six times.