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Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes

Michigan Law Review

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …

The Black And White Of Profiling: Sniping On The Sniper Case, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the construct of profiling in the aftermath of the arrest of two suspects in the recent sniper attacks perpetrated in the greater Washington, D.C. area.

A Qualitative Study Of Bullying Behavior In Federal Law Enforcement: An Examination Of Former Officers' Perceptions Regarding The Problem, Rande W. Matteson

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this phenomenological research project was to study and review through naturalistic inquiry, the perceptions of former federal agents and officers as to whether they believe they were bullied at their workplace, and if so, what did those participants do to cope or adjust to the bullying behavior. Multiple sources for data collection were deployed to explore and examine whether former agents perceive they were bullied at work and what mechanisms those employees found were helpful as coping strategies.

This research project used a non-random, purposeful sample selected from contacts established through the Federal Law Enforcement Officers Association. …

Justice By Gender: The Lack Of Appropriate Prevention, Diversion And Treatment Alternatives For Girls In The Justice System

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Too Young To Die: The Juvenile Death Penalty After Atkins V. Virginia, Edmund P. Power

Capital Defense Journal

No abstract provided.

To File Or Not To File: The Practical And Ethical Implications Of Motion Practice On Sentence Negotiations* In Capital Cases, Herman J. .F Hoying

Capital Defense Journal

No abstract provided.

Protecting The Defendant's Right To A Fair Trial In The Information Age, Erika Patrick

Capital Defense Journal

No abstract provided.

United States V. Quinones 205 F. Supp. 2d 256 (S.D.N.Y. 2002) United States V. Fell 217 F. Supp. 2d 469 (D. Vt. 2002)

Capital Defense Journal

No abstract provided.

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

All Faculty Scholarship

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice, and …

Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich

Osgoode Hall Law Journal

Do the police use race as a proxy for criminality, particularly, in drug cases? If so, is this a rational discriminatory practice that is based on who the usual offender is or an offensive exercise of racial prejudice? What are the consequences for those communities targeted by the police? This article investigates these questions that have gone unanswered for too long in Canada. After offering a definition of racial profiling, evidence is presented that suggests that the practice is rampant in the United States and is likely practiced by some Canadian police forces, particularly, in cities with large visible minority …

Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman

Sociology & Criminal Justice Theses & Dissertations

The juvenile court has long held caring and rehabilitation as it's objective for those persons who commit crimes while under age 18. However, arguably, that goal has been compromised with the use of juvenile transfers. Some research has been done on the use of transfers, but little has studied the effects of incarcerating juveniles with adult prisoners at the state level. This thesis examines the use of the juvenile transfer and the effects it has with respect to prison violence using states in the U.S. as the unit of analysis. It was hypothesized that prison violence would increase with an …

Better To Let Ten Guilty Men Live: The Presumption Of Life-A Principle To Govern Capital Sentencing, Damien P. Delaney

Capital Defense Journal

No abstract provided.

Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce

Capital Defense Journal

No abstract provided.

Rotten Social Background Revisited, Mythri A. Jayaraman

Capital Defense Journal

No abstract provided.

A Positive First Step: The Joint Legislative Audit And Review Commission's Review Of Virginia's System Of Capital Punishment

Capital Defense Journal

No abstract provided.

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Reports

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings. …

International Bounty Hunter Ride-Along, Ryan M. Porcello

Vanderbilt Journal of Transnational Law

This Note explores the international implications of a plan proposed by two bounty hunters in the Tacoma, Washington area to charge U.K. thrill seekers to accompany them on manhunts in the United States. Part H explains the differences in Colonial American society that resulted in the early development of a commercial bail bond system to replace the English personal surety system. Part III examines the contractual relationship between a bail bondsman and a defendant, as well as the agency relationship between a bail bondsman and a bounty hunter, to show why bounty hunters have such unbridled power to arrest fugitives. …

The War On Terrorism And Civil Liberties, Jules Lobel

Articles

Throughout American history, we have grappled with the problem of balancing liberty versus security in times of war or national emergency. Our history is littered with sordid examples of the Constitution's silence during war or perceived national emergency. The Bush Administration’s War on Terror has once again forced a reckoning requiring Americans to balance liberty and national security in wartime. President Bush has stated, "[w]e believe in democracy and rule of law and the Constitution. But we're under attack.” President Bush, Attorney General Ashcroft and other governmental leaders have argued that in war, "the Constitution does not give foreign enemies …

Theology In The Jury Room: Religious Discussion As "Extraneous Material" In The Course Of Capital Punishment Deliberations, Gregory M. Ashley

Vanderbilt Law Review

"Why would a God concerned about justice in a matter of life and death be willing to delegate an absolute power over life and death to such fallible and morally benighted creatures?'"

In the landmark Furman v. Georgia decision, Justice Brennan likened capital punishment to a mere game of chance: "When the punishment of death is inflicted in a trivial number of the cases in which it is legally available, the conclusion is virtually inescapable that it is being inflicted arbitrarily. Indeed, it smacks of little more than a lottery system." Although Brennan's argument in Furman focused primarily on disparities …

Policing Disorder: Can We Reduce Serious Crime By Punishing Petty Offenses?, Bernard E. Harcourt

Faculty Scholarship

Punishment in these late modem times is marked by two striking developments. The first is a stunning increase in the number of persons incarcerated. Federal and state prison populations nationwide have increased from less than 200,000 in 1970 to more than 1,300,000 in 2000, with another 600,000 persons held in local jails.1 Today, approximately 2 million men and women are incarcerated in prisons and jails in this country.The intellectual rationale for this increase is provided by "incapacitation theory''-the idea that a hardcore 6 percent of youths and young adults are responsible for the majority of crime and that locking up …

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

Articles

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …

Washington State's Return To Indeterminate Sentencing For Sex Offenses: Correcting Past Sentencing Mistakes And Preventing Future Harm, Jennifer M. Mckinney

Seattle University Law Review

The Washington legislature's return to indeterminate sentencing corrects its original mistake of setting fixed sentences for sex offenders with no supervision after release. Unlike the present civil commitment system, indeterminate sentencing preventatively detains offenders in the criminal system, protects the public, and ensures more control over offenders following their prison terms. Indeterminate sentencing provides a more efficient and effective alternative to the civil commitment process. Section II will briefly discuss the progression of sex offender sentencing from the original parole system to the present changes, and why past structures were instituted and later modified or repealed. Furthermore, Section II will …

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

All Faculty Scholarship

No abstract provided.

Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi

Publications

No abstract provided.

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

All Faculty Scholarship

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of …

Sexual Boundary Violations Between Peace Officer Agencies And Offenders, Jacqueline Lorraine Goins

Theses Digitization Project

Peace officers across this country have allowed a hostile environment to be created with offenders who are in their custody. An overview of the issues to be addressed in this study will begin with sexual boundary violations among peace officers and offenders, such as physical intimacy and emotional commitment that meets the sexual needs of the peace officer.

Crack Babies And The Constitution: Ruminations About Addicted Pregnant Women After Ferguson V. City Of Charleston, Ellen Marrus

Villanova Law Review

No abstract provided.

Effective Strategies For Intervening With Drug Abusing Offenders, Douglas B. Marlowe

Villanova Law Review

No abstract provided.