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- Title
THE PASSAGE AND IMPLEMENTATION OF THE PRISON RAPE ELIMINATION ACT: LEGAL ENDOGENEITY AND THE UNCERTAIN ROAD FROM SYMBOLIC LAW TO INSTRUMENTAL EFFECTS.
- Authors
Jenness, Valerie; Smyth, Michael
- Abstract
The article focuses on the legality of the passage and implementation of the Prison Rape Elimination Act (PREA) in the U.S. It provides the empirical genealogy of law related to lawmaking around prison rape in the modern era by citing the development of the PREA and the Commission's national standards. It explores how prison rape is variably constructed while it traverses diverse contexts in the criminal justice system. Furthermore, it demonstrates the study of symbolic and instrumental law and the version of endogeneity of law in the realm of criminal justice reform.
- Subjects
UNITED States; RAPE laws; LEGISLATIVE bills; CRIMES against prisoners; LEGISLATORS; CRIMINAL law; HUMAN sexuality &; law; CRIMINAL justice system; JUSTICE administration
- Publication
Stanford Law & Policy Review, 2011, Vol 22, Issue 2, p489
- ISSN
1044-4386
- Publication type
Article