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Wednesday, October 12, 2005

Family Ties in Prison

Thanks to the indefatigable Doug Berman, I just came across this article on CNN about  how prisons across the country are trying to cope with increasing numbers of women (and specifically mothers) behind bars.  As it happens, Ethan, Jennifer Collins (former guestblogger and prawf at WFU) and I are  busily drafting our piece tentatively entitled "Criminal Justice and the Antigone Problem: When Should Family Ties Matter?"  The piece examines how the criminal justice system contains various sites that subsidize family interests (e.g., testimonial privileges) and we have adopted a semi-Spartan position that, at least for matters prior to conviction, the state should not be in the business of such subsidies or advancing of family interests.  However, after sentencing has been determined, we are trying to articulate which principles should govern accomodations to family interests, particularly in the context of incarceration.  In any event, the CNN piece provides some good grist for the mill. 

Programming note: blogging may be a bit light on some of our parts as Yom Kippur begins this evening.  For those who are fasting, have an easy one, and for everybody, please consider a donation to Mazon.org (a hunger relief organization that does great deeds for Jews and non-Jews alike).

Posted by Dan Markel on October 12, 2005 at 03:32 PM in Criminal Law, Dan Markel | Permalink

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