{"title":"\"What Will Become of the Innocent?\": Pretrial Detention, the Presumption of Innocence, and Punishment Before Trial","authors":"Mikaela Rabinowitz","doi":"10.5070/cj87162080","DOIUrl":"https://doi.org/10.5070/cj87162080","url":null,"abstract":"In this article, I take a sociological approach to the constitutional questions intrinsic to the pretrial incarceration of the unconvicted, focusing on the group of people whose pretrial detentions most directly complicate the Court’s decisions: those people who are detained pretrial and then never convicted of the crimes for which they were held. Notably, despite the ways in which the experiences of these never-convicted people call into question case law regarding individuals receiving the presumption of innocence and due process protections against punishment before trial, this group is absent from contemporary criminological and sociological studies. I begin this article with a brief review of the key Supreme Court cases on the constitutionality of pretrial detention. I then provide an overview of current social science research on pretrial detention and situate this research therein, before describing my data and methods. I then present my findings, along with a discussion.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135151463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The UCLA Law COVID Behind Bars Data Project: Doing Social Justice Work from Inside a Law School","authors":"Sharon Dolovich","doi":"10.5070/cj87162085","DOIUrl":"https://doi.org/10.5070/cj87162085","url":null,"abstract":"Part I of this Essay tells the origin story of the UCLA Law COVID Behind Bars Data Project. Part II addresses the question of how an effort like this, focused on data and policy, could have arisen in a law school, and what our experience reveals about the role the legal academy and legal scholarship can play in the movement for social justice and policy change. Part III highlights some of the organizational factors that enabled us to do what we did despite significant time and resource constraints. The focus here is on the process of institution-building and lessons learned. Finally, Part IV briefly describes the denouement of our COVID data collection efforts and our decision to pivot to our currentfocus on national, all-cause carceral mortality.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135151458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"All Hope is Not Lost: How the \"Alabama-Utah Model\" Can Revolutionize Prison Healthcare Service Provision","authors":"Roger Antonio Tejada","doi":"10.5070/cj87162081","DOIUrl":"https://doi.org/10.5070/cj87162081","url":null,"abstract":"This Article argues judicially-imposed rigid rules governing the conduct of those responsible for providing adequate healthcare to the incarcerated will not reform prison healthcare. This is largely because the “need to customize and adapt makes rules an ineffective means of controlling discretion.” Instead, judges and policymakers should supplant limited rules with principles of ongoing monitoring and correction of these facilities if they hope to improve these facilities’ provision ofhealthcare. Part I quickly describes the United States’ criminal legal system and the dire conditions inside American prisons, jails, and detention centers. Part II surveys class-action litigation challenging inhumane healthcare provisions in four jurisdictions, each one using a different healthcare delivery model. Part III examines how institutional systems and structures at these facilities may be improved by incorporating systems of ongoing monitoring and correction, in line with the principles used in the Alabama-Utah model of child welfare service provision. Finally, Part IV offers a brief conclusion and notes possible implications for correctional facilities across the country.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135151656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Supreme Court's Second and Fifteenth Amendment Hypocrisy Could Shoot Down Voting Rights...and People","authors":"Kelly Sampson","doi":"10.5070/cj87162084","DOIUrl":"https://doi.org/10.5070/cj87162084","url":null,"abstract":"The Bruen majority invalidated New York’s firearms licensing law on the basis of its supposed conflict with historical tradition, stating: “[t]he test that we set forth in Heller and apply today requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding.” The Court’s disparate standards for voting rights and the right to keep and bear arms enables legislatures to expand access to guns while constraining access to ballots. Second Amendment expansion and voting rights contraction will particularly harm minoritized Americans. Research shows that looser gun laws lead to more gun-related deaths, and gun homicide disproportionately kills Black, Hispanic/Latino, and Native Americans. Black, Hispanic/Latino, and Native people likewise bear the brunt of voter suppression laws. This means that the Supreme Court’s insistence on expanding the right to keep and bear arms, while shrinking the right to vote, conspires to silence Americans of color whether denying them ballots or subjecting them to bullets.Part II of this paper discusses the ways in which structural barriers, such as discriminatory public/social policies, and physical barriers, such as armed violence, have kept minoritized Americans from participating in electoral politics. Part III of this paper argues that the Supreme Court’s diverging approaches to cases involving the Fifteenth Amendment, the Voting Rights Act, and the Second Amendment effectively uphold and reinforce structural barriers to democracy and enable armed political violence. Part IV discusses the implications of the Court’s treatment of firearms and voting in the context of heightened political tension, voter suppression, and Second Amendment extremism. Part V concludes with suggestions for how to course correct.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135151461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The New Dread, Part I: The Judicial Overthrow of the Reasonableness Standard in Police Shooting Cases","authors":"Kindaka J. Sanders","doi":"10.5070/cj86157742","DOIUrl":"https://doi.org/10.5070/cj86157742","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49459202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Bandage on A Broken System: Moving Beyond Peremptory Challenges To Increase Indigenous Juror Representation In Canada","authors":"Kona Keast-O'Donovan","doi":"10.5070/cj86157755","DOIUrl":"https://doi.org/10.5070/cj86157755","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45851016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Selected Essays from the Emancipation Initiative","authors":"Emancipation Initiative","doi":"10.5070/cj86157747","DOIUrl":"https://doi.org/10.5070/cj86157747","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46199406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"We're Tired: The Exhaustion Requirement of the Prison Litigation Reform Act","authors":"Katrina M. Smith","doi":"10.5070/cj86157741","DOIUrl":"https://doi.org/10.5070/cj86157741","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45201516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}