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  • The Grass Isn't Always Greener: Reconciling State And Federal Marijuana Laws
    Abbey Roudebush
    Over the course of the past 40 years, public sentiment surrounding marijuana legalization has grown tremendously. While it took almost fifty years for marijuana proponents to go from being in the minority to the majority, the past decade and a half has been perhaps the most important. Between 2010 and 2013, public support rose a staggering eleven percent. Accompanying the change in perception are state and local laws that reflect a growing tolerance for the drug—especially in the medicinal realm.
    9 Alb. Govt. L. Rev. Online 1 (2015)

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  • Introduction: The Criminalization of Mental Illness
    Raymond Brescia
    The fact that the incarceration rate in the United States is one of the highest in the world, certainly in the industrialized world, draws a great deal of attention from criminal justice reformers. What lurks beneath this data point is something far more troubling. The three largest psychiatric facilities in the country are not mental health treatment facilities, halfway houses, community mental health centers, or outpatient hospitals. No, they are the county jail systems of Los Angeles County and Cook County, as well as that found on Rikers Island in New York City. This last facility, which provides treatment to tens of thousands of individuals with psychiatric disabilities every year, has been at the center of litigation that has now spanned over fifteen years. That lawsuit, Brad H. v. The City of New York, claims that Rikers Island, because of the extensive treatment it provides to those incarcerated there (under the City’s constitutional obligations), is, for all intents and purposes, a mental health facility. As such, it has obligations under state law to provide what is known as discharge planning services: the provision of assistance to individuals leaving an inpatient facility to ensure that those individuals can continue their treatment upon release.
    8 Alb. Govt. L. Rev. vii (2015)
  • “You Might Have Drugs at Your Command”: Reconsidering the Forced Drugging of Incompetent Pre-Trial Detainees from the Perspectives of International Human Rights and Income Inequality
    Michael L. Perlin & Meredith R. Schriver
    Defendants who are incompetent to stand trial often are deprived of their rights to make such “clear” choices, though the consequences are often “unavoidable.”
    8 Alb. Govt. L. Rev. 381 (2015)
  • Imprisonment of the Mentally Ill: A Call for Diversion to the Community Mental Health System
    Megan Testa, MD
    This article will discuss historical factors that have led to the criminalization of mental illness and the current day state of U.S. correctional facilities as modern day asylums.
    8 Alb. Govt. L. Rev. 405 (2015)
  • Extending the Logic of the Juvenile Justice System to a Separate Justice System for Mentally Ill Offenders
    Mona Sobhani
    In this paper, I will begin by briefly visiting the history of the juvenile justice system, and discussing some of the reasons for its foundation, focusing on the personality characteristics of juveniles that helped propel the reform.
    8 Alb. Govt. L. Rev. 439 (2015)
  • Fear, Hype, and Stereotypes: Dangers of Overselling the Amber Alert Program
    Corey Jessup & Monica K. Miller
    The issue of child safety must not be taken lightly, and the intentions of the AMBER Alert program are noble, yet the program remains woefully ineffective. The danger in overselling the AMBER program is threefold.
    8 Alb. Govt. L. Rev. 467 (2015)

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