Digital Commons Network^™

Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

National Evaluation Of The Youth Firearms Violence Initiative, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Defense Counsel In Criminal Cases, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler

Michigan Law Review

Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

Faculty Articles

The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …

Offenders Returning To Federal Prison, 1986-97, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Obtaining Unanimity And A Standard Of Proof On The Vileness Sub-Elements With Apprendi V. New Jersey, M. Kate Calvert

Capital Defense Journal

No abstract provided.

State And Local Law Enforcement Needs To Combat Electronic Crime, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

The Cops Program After 4 Years - National Evaluation, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Incarcerated Parents And Their Children, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Federal Firearm Offenders, 1992-98, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown

West Virginia Law Review

No abstract provided.

"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil

Michigan Law Review

For over 100 years the United States judiciary has struggled with the sting and the entrapment defense, examining whether government agents deviously manufacture crimes or merely afford criminals the opportunity to commit them. The sentiments of Justice Holmes were rare for his time, but today they are reflected in a growing sympathy for sting victims. While courts are now more willing than ever to find entrapment, they still differ over the burden of proof that the government must satisfy to overthrow an entrapment defense. Specifically, courts disagree about whether the burden includes proof that the defendant had the ability and …

The Measurement Of Police Integrity, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Police Attitudes Toward Abuse Of Authority: Findings From A National Study, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Nij Awards In Fiscal Year 1999, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Drugs In The Heartland: Methamphetamine Use In Rural Nebraska, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Evaluation Of The D.C. Superior Court Drug Lntervention Programs, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Smith V. Robbins 120 S. Ct. 746 (2000)

Capital Defense Journal

No abstract provided.

The Role Of Forgiveness In Capital Murder Cases, Paige Mcthenia

Capital Defense Journal

No abstract provided.

Improving Process In Virginia Capital Cases, Robert H. Robinson, Jr.

Capital Defense Journal

No abstract provided.

Sheriffs' Departments 1997, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Michigan Journal of Gender & Law

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf

Michigan Journal of Race and Law

This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

All Faculty Scholarship

This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …

Congress' Arrogance, Yale Kamisar

Articles

Does Dickerson v. U.S., reaffirming Miranda and striking down §3501 (the federal statute purporting to "overrule" Miranda), demonstrate judicial arrogance? Or does the legislative history of §3501 demonstrate the arrogance of Congress? Shortly after Dickerson v. U.S. reaffirmed Miranda and invalidated §3501, a number of Supreme Court watchers criticized the Court for its "judicial arrogance" in peremptorily rejecting Congress' test for the admissibility of confessions. The test, pointed out the critics, had been adopted by extensive hearings and debate about Miranda's adverse impact on law enforcement. The Dickerson Court did not discuss the legislative history of §3501 at all. However, …

Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia

Cleveland State Law Review

This Note analyzes law enforcement's use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex …

Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate

Faculty Publications

"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …

Recognizing Opportunistic Bias Crimes, Lu-In Wang

Articles

The federal approach to punishing bias-motivated crimes is more limited than the state approach. Though the federal and state methods overlap in some respects, two features of the federal approach restrict its range of application. First, federal law prohibits a narrower range of conduct than do most state bias crimes laws. In order to be punishable under federal law, bias-motivated conduct must either constitute a federal crime or interfere with a federally protected right or activity-requirements that exclude racially motivated assault, property damage and many other common violent or destructive bias offenses. In most states, however, hate crimes encompass a …

Creating And Solving The Problem Of Drug Use During Pregnancy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.