Digital Commons Network^™

Homeland Security And Community Policing: Competing Or Complementing Public Safety Policies, Robert Friedmann, William Cannon

Robert R. Friedmann

In the aftermath of the September 11, 2001, terrorist atrocities in the United States, a new organizational policy was introduced as “Homeland Security.” Both a concept and a governmental department, homeland security became the “in” policy, and as such invented a new organization and a new approach to public safety. As a result, however, the dominant policing policy up to that time — Community Policing — was largely sidestepped by homeland security efforts as well as budgets. The purpose of this article is to demonstrate that the two public safety policies actually have a great deal in common, and that …

Review Of Encyclopedia Of Interpersonal Violence, Nancy Frazier

Nancy Frazier

With more than five hundred entries, Encyclopedia of Interpersonal Violence defines key terms and provides information about legislation, public policy, theoretical perspectives, and programs dedicated to assisting victims and raising awareness of these devastating social problems. Encyclopedia of Interpersonal Violence features nine pages of material with entries that cover anti-gay gender motivated, racially motivated, and religiously motivated crimes as well as information about the criminal justice response and legislation.

Criminal Justice. Ed. By Phyllis Gerstenfeld. Pasadena, Calif.: Salem, 2006., Nancy Frazier

Nancy Frazier

Frazier reviews Criminal Justice edited by Phyllis Gerstenfeld.

Justice In New England, Daniel Medwed

Daniel S. Medwed

No abstract provided.

When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas Colbert

Douglas L. Colbert

This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.

The Zeal Deal: Prosecutorial Resistance To Post-Conviction Claims Of Innocence, Daniel Medwed

Daniel S. Medwed

This Article analyzes the institutional and political factors deterring prosecutors from accepting the possible legitimacy of post-conviction innocence claims and formulating creative responses to them. Specifically, the institutional culture of most prosecutors' offices treasures convictions; an attorney's conviction rate may serve as a barometer of that person's stature within the organization and a key factor in determining that person's chances for internal advancement. This professional incentive for prosecutors to obtain and maintain convictions may be bolstered by profound psychological and personal bases for believing in the soundness of the verdicts and pragmatic reasons for discounting the possibility that there may …

Street Outreach Workers: Best Practices And Lessons Learned: Innovative Practices From The Charles E. Shannon Jr. Community Safety Initiative Series, Scott Decker, Tim Bynum, Jack Mcdevitt, Amy Farrell, Sean Varano

Amy Farrell

Street outreach workers are an important part of the Senator Charles E. Shannon Jr. Community Safety Initiative (CSI) comprehensive gang and youth violence reduction strategy in Massachusetts. Street outreach involves the use of individuals to "work the streets," making contact with youth in neighborhoods with high levels of gang activity. These individuals are generally not employed by the criminal justice system agencies but rather are based in community service organizations or other non- governmental agencies. Street outreach workers provide an important bridge between the community, gang-involved youth, and the agencies (whether social service or law enforcement) that respond to the …

Identifying Challenges To Improve The Investigation And Prosecution Of State And Local Human Trafficking Cases, Amy Farrell, Jack Mcdevitt, Rebecca Pfeffer, Stephanie Fahy, Colleen Owens, Meredith Dank, William Adams

Stephanie Fahy

This report examines challenges faced in the investigation and prosecution of human trafficking in the United States. The research targeted counties across the U.S. for a systematic review of human trafficking case records and interviews with police, prosecutors, and service providers. The study found that there was a significant lack of awareness about human trafficking among practitioners and the law enforcement community, as well as a focus on sex trafficking (which is disproportionate to the larger issue of human trafficking). The study provides recommendations to help improve the identification, investigation, and prosecution of human trafficking cases in the United States.

Providence Traffic Stop Statistics Compliance: Final Report, Jack Mcdevitt, Amy Farrell, Mary Yee

Jack McDevitt

No abstract provided.

Identifying Challenges To Improve The Investigation And Prosecution Of State And Local Human Trafficking Cases, Amy Farrell, Jack Mcdevitt, Rebecca Pfeffer, Stephanie Fahy, Colleen Owens, Meredith Dank, William Adams

Jack McDevitt

This report examines challenges faced in the investigation and prosecution of human trafficking in the United States. The research targeted counties across the U.S. for a systematic review of human trafficking case records and interviews with police, prosecutors, and service providers. The study found that there was a significant lack of awareness about human trafficking among practitioners and the law enforcement community, as well as a focus on sex trafficking (which is disproportionate to the larger issue of human trafficking). The study provides recommendations to help improve the identification, investigation, and prosecution of human trafficking cases in the United States.

Massachusetts Racial And Gender Profiling Final Report: Executive Summary, Amy Farrell, Jack Mcdevitt, Lisa Bailey, Carsten Andresen, Erica Pierce

Jack McDevitt

No abstract provided.

Rhode Island Traffic Stop Statistics Data Collection Study 2004-2005: Final Report, Amy Farrell, Jack Mcdevitt

Jack McDevitt

No abstract provided.

Understanding And Improving Law Enforcement Responses To Human Trafficking: Final Report, Amy Farrell, Jack Mcdevitt, Stephanie Fahy

Jack McDevitt

Though recognition of the importance and severity of human trafficking has grown in recent years, the identification and investigation of human trafficking cases remains a complex undertaking for local law enforcement. Effectively responding to human trafficking requires officers to notice and identify victims who often have been hidden from or had poor relationships with law enforcement in the past (e.g., women in prostitution, migrants, immigrant community member, and poor women). Sometimes officers may be reluctant to intervene in sex and labor trafficking situations due to a belief that victims were complicit with their own victimization. Local law enforcement response is …

The Juvenile Intervention Program: Results Of The Process, Impact And Outcome Evaluations, Donald Iverson, Tom Roberts

Don C. Iverson

Data were analyzed for a random sample of sixty-four juvenile participants who completed the program between January 1, 1977 and April, 1978 and a random sample of forty-seven juvenile participants who completed the program between May, 1978 and August, 1979. In order to assess program impact, all the juvenile participants are administered a pretest during the first JIP session and a posttest after the last session. Follow-up data on impact measures are collected six months after program completion. In addition, participants are asked to complete a one-page questionnaire assessing their participation at the completion of each of the seven JIP …

Pre-Teen Alcohol Use As A Risk Factor For Victimization And Perpetration Of Bullying Among Middle And High School Students In Georgia, Monica Swahn, Volkan Topalli, Bina Ali, Sheryl Strasser, Jeffrey Ashby, Joel Meyers

Monica H. Swahn

Objective: We examined the association between pre-teen alcohol use initiation and the victimization and perpetration of bullying among middle and high school students in Georgia.

Methods: We computed analyses using data from the 2006 Georgia Student Health Survey (N=175,311) of students in grades 6, 8, 10 and 12. The current analyses were limited to students in grades 8, 10 and 12 (n=122,434). We used multilogistic regression analyses to determine the associations between early alcohol use and reports of both victimization and perpetration of bullying, perpetration only, victimization only, and neither victimization or perpetration, while controlling for demographic characteristics, other substance …

Massachusetts Racial And Gender Profiling Final Report: Executive Summary, Amy Farrell, Jack Mcdevitt, Lisa Bailey, Carsten Andresen, Erica Pierce

Amy Farrell

No abstract provided.

Providence Traffic Stop Statistics Compliance: Final Report, Jack Mcdevitt, Amy Farrell, Mary Yee

Amy Farrell

No abstract provided.

Research In Brief: Bridging The Information Disconnect In National Reporting Of Bias Crime, Jack Mcdevitt, Shea Cronin, Jennifer Balboni, Amy Farrell, James Nolan, Joan Weiss

Amy Farrell

No abstract provided.

Quarterly Report On Rhode Island Traffic Stop Data For January, February And March 2005, Amy Farrell, Jack Mcdevitt, Chris Eggiman, Jake Hulseberg, Jason Rydberg

Amy Farrell

No abstract provided.

Occupational Therapy In Criminal Justice, Jane Dressler

Jane Dressler

Felon Disenfranchisement The Judiciary’S Role In Renegotiating Racial Divisions, Brian Schaefer, Peter Kraska

Peter Kraska

Felon disenfranchisement is deeply rooted in U.S. history as a form of punishment and as a tool to inhibit African Americans from voting. Today, there are 5.3 million U.S.

residents politically disenfranchised due to a felony conviction—about 2 million of whom are African Americans. The overrepresentation of African Americans disenfranchised, and the U.S. history of racism, brings forth the question of how these laws continue to exist. The objective of this study is to demonstrate, through a socio–legal approach, the federal court system’s role in perpetuating and maintaining the ethnoracial divisions in society through the validation and rationalization of felon …

Prosecution Complex: America's Race To Convict And Its Impact On The Innocent, Daniel Medwed

Daniel S. Medwed

This book explores how American prosecutors can inadvertently make decisions that contribute to the conviction of the innocent largely because of cognitive biases and an overly-deferential regime of legal and ethical rules. Divided into three parts that correspond to the three chief phases of the litigation process (pretrial, trial, and post-conviction), the book examines how mistakes at various moments over the course of a case, even seemingly innocuous missteps, can lead to wrongful convictions and prolong the incarceration of the innocent. Prosecution Complex is not intended to portray prosecutors as rogue officials indifferent to the conviction of the innocent, but …

Sex Trafficking And Worker Justice, Michelle Dempsey

Michelle Madden Dempsey

This essay argues that the dualistic conception of work in Catholic social teaching – most notably in John Paul II’s Laborem Excerens – may provide a bridge between otherwise deeply divided views regarding how to conceptualize and define sex trafficking.

The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Hammond, And Barnett, Joshua Davis, Robert Lande

Joshua P. Davis

Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice. In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is unsurprising that they …

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Scott W. Howe

Imposing a death sentence in California has become symbolism with a staggering price. From 1973 through 2009, California sentenced 927 persons to death but executed only thirteen. No executions have occurred since 2006. There are presently 714 persons on death row. Average delays between death sentences and executions are among the worst in the nation and in some cases will reach 30 years. One recent study estimated that taxpayers have spent more than $4,000,000,000 on the California death penalty since 1978 and more than $184,000,000 in 2009 alone.

This Article addresses two major questions about the future of California’s death …

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Michael A Helfand

This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …