Public – Page 649 – Marquette University Law School Faculty Blog

Weisberg on Mass Incarceration and Purposes of Punishment

Post author:Michael M. O'Hear
Post published:October 6, 2011
Post category:Criminal Law & Process Public Speakers at Marquette

Bob Weisberg’s just-delivered Barrock Lecture, “Reality-Challenged Theories of Punishment,” can be viewed here. After reviewing the extraordinary data on the mass incarceration phenomenon in America, Bob considers the implications for each of the traditional purposes of punishment (retribution, incapacitation, general deterrence, specific deterrence, and rehabilitation). I think he is spot-on that the theorists advocating for each of these different approaches have not adequately come to grips with the realities of mass incarceration. Punishment theorists frequently bemoan their marginalization in the policymaking realm. Perhaps they could make their work seem more relevant outside the academy if they took better account of the scale of contemporary incarceration and its particular impact on certain social groups.

New Report on Contacts Between Police and the Public: Numbers Generally Look Good for Police, But Racial Disparities Are Also in Evidence

Post author:Michael M. O'Hear
Post published:October 6, 2011
Post category:Criminal Law & Process Public Race & Law

As I discussed here, there is a substantial body of social psychological research suggesting an important connection between crime levels and the way that police treat citizens – basically, the more that police are perceived to be fair and respectful, the more that citizens, in turn, will feel respect for the law and a sense of obligation to cooperate with the police. With that background in mind, the Bureau of Justice Statistics’s brand-new report Contacts Between Police and the Public, 2008 makes for some very interesting reading. The data are based on a national survey of U.S. residents that BJS has conducted every three years since 2002.

On the whole, police should regard the report as good news. Here are some of the basic findings.

Amanda Knox and the U.S.-Italian Extradition Treaty

Post author:Ryan Scoville
Post published:October 5, 2011
Post category:Public

With an Italian appellate court having just overturned Amanda Knox’s murder conviction, the prosecutor on the case, Giuliano Mignini, has stated that he will appeal to have the conviction and sentence reinstated. Meanwhile, Ms. Knox is back in the United States and out of the reach of the Italian government. Given that the prosecutor has not yet filed his appeal, its basis and likely result remain unclear. Assume for the sake of argument, however, that the Italian high court sides with the prosecutor and reinstates the conviction and sentence, and that Italy subsequently requests Ms. Knox’s extradition. Would the United States comply?