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Use Of Race In "Stop-And-Frisk": Stereotypical Beliefs Linger, But How Far Can The Police Go?, Bennett L. Gershman
Use Of Race In "Stop-And-Frisk": Stereotypical Beliefs Linger, But How Far Can The Police Go?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The power of police to detain persons for a brief period to investigate suspected criminal activity--commonly known as “stop-and-frisk”--has always been one of the most contentious issues in law enforcement. Although there is general consensus that street stops are an important weapon in crime prevention, the belief has always existed that stop-and-frisk tactics are often used indiscriminately and abusively against minority groups.
Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan
Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The …
Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman
Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …