Stanford Law & Policy Review

Articles from Vol. 22, No. 2, Spring

A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana
INTRODUCTION The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hardball tactics favored by earlier administrations, Attorney General Eric Holder announced in October 2009 that...
American Prison Culture in an International Context: An Examination of Prisons in America, the Netherlands, and Israel
INTRODUCTION In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian-born cleric sought by the United States for his involvement in instigating terrorist attacks. (1) As authorities prepared to extradite him in July 2010, the European...
Bringing Transparency and Accountability to Criminal Justice Institutions in the South
INTRODUCTION In our years of litigating civil rights cases on behalf of people entangled in the criminal justice system in the South, a few truths have become evident. First, no good comes from permitting government officials to perform their duties...
Captive Constituents: Prison-Based Gerrymandering and the Current Redistricting Cycle
INTRODUCTION On August 3, 2010, the New York State Senate approved legislation (1) to end the practice known as "prison-based gerrymandering," (2) making it the third state--along with Maryland (3) and Delaware (4)--to eliminate this potential source...
Foreigners in a Carceral Age: Immigration and Imprisonment in the United States
INTRODUCTION More than a decade ago, Jonathan Simon warned of an expanding interest in locking up refugees. (1) According to Simon, asylum seekers were to provide a new population for mass incarceration. The border was to become the new criminal...
Normative Elements of Parole Risk
INTRODUCTION In prison systems employing discretionary parole release, prisoners are not granted automatic release into society at the end of an enumerated sentence of years. Instead, a parole board assesses whether eligible prisoners meet criteria...
Rethinking Indirect Victim Eligibility for U Non-Immigrant Visas to Better Protect Immigrant Families and Communities
I. INTRODUCTION Maria and Claudia are first cousins, and their mothers are sisters. Claudio was born in Mexico. She entered the United States illegally with her mother and Maria's mother when she was only a few months old. Maria was born two years...
The Efficacy of Severe Child Pornography Sentencing: Empirical Validity or Political Rhetoric?
I. INTRODUCTION Congress's appetite for expanding the scope of child pornography laws and increasing the length of prison sentences for child pornography offenders endures, despite other officials involved in federal sentencing questioning the necessity...
The New Frontier of Public Safety
INTRODUCTION In the 1980s and 1990s, as a Virginia State Senator and Attorney General, I believed in law and order. I still do. What I did not realize at the time is that there are two equally important aspects of public safety. First is getting...
The Origins of Back-End Sentencing in California: A Dispatch from the Archives
I. INTRODUCTION In recent years, leading criminologists including Joan Petersilia and Jeremy Travis have identified parole policy as a significant yet hidden driver of mass incarceration. (1) By 2000, over a third of prison admissions nationwide...
The Passage and Implementation of the Prison Rape Elimination Act: Legal Endogeneity and the Uncertain Road from Symbolic Law to Instrumental Effects
INTRODUCTION The scourge of prison sexual assault was recognized early in the history of U.S. corrections when the Reverend Louis Dwight of the Boston Prison Discipline Society condemned this "dreadful degradation" in 1826. (1) Fast forward to the...