Digital Commons Network^™

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Stephen Rushin

No abstract provided.

Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski

Stephen Rushin

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.

At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.

These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Who Should Own Police Body Camera Videos?, Laurent Sacharoff, Sarah Lustbader

Laurent Sacharoff

Rethinking Law Enforcement Officers In Schools, Jason P. Nance

Jason P. Nance

A recent event that occurred in a South Carolina classroom illustrates why there should be concern about assigning law enforcement officers to work in public schools. In October of 2015, a teacher called a law enforcement officer into a classroom to handle a student behavior problem. A female student was using a cell phone in violation of school rules. Other students in the classroom captured what happened next by video. The videos show that when the student refused to exit the classroom, the officer grabbed her by the neck, flipped her and her desk to the floor, and then forcibly …

Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr.

Donna M. Hughes

Police Shootings: A New Problem Or Business As Usual?, Philip M. Stinson

Philip M Stinson

No abstract provided.

When Numbers Lie: The Under-Reporting Of Police Justifiable Homicides, Tiffany R. Murphy

Tiffany R Murphy

Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley

Malcolm Feeley

Systematic studies of the administration of justice in the United States have stressed either the rational-goal model or the functional-systems model. The former model emphasizes problems with the justice system's formal rules of operation and appears to be the dominant view of appellate judges, lawyers, and law students, while the latter model is concerned with the identification and adaptation of action to the environment and the interests of action within the system.

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

Tiffany R Murphy

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim. …

Interracial Violence, Minority Threat And Police Use Of Lethal Force: A Panel Analysis Of U.S. Cities From 1980 To 2000., Stephanie L. Kent, David Jacobs

Stephanie Kent

In sum, the evidence suggests that unnecessary police killings decrease after departments institute increased restrictions yet the likelihood of increases in restrictions is based on demands from the most politically powerful segments of society. In order to test whether changes in police killings are determined in part through the differences in 2 political power based on the superimposition of race and class, political explanations at the city level should be considered. A review of previous studies suggests that there are two broad city level explanations that influence the likelihood that police will use deadly force against citizens: the political or …

Minority Threat And Police Strength From 1980 To 2000: A Fixed-Effects Analysis Of Nonlinear And Interactive Effects In Large U.S. Cities, Stephanie L. Kent, David Jacobs

Stephanie Kent

Many studies have assessed threat theory by investigating the relationships between the size of minority populations and police strength. Yet these investigations analyzed older data with cross-sectional designs. This study uses a fixed-effects panel design to detect nonlinear and interactive relationships between minority presence and the per capita number of police in large U.S. cities in the last three census years. The findings show that the relationship between racial threat and the population-corrected number of police officers has recently become considerably stronger. In accord with theoretically based expectations, tests for interactions show that segregated cities with larger African American populations …

Comparing The Recruitment Of Ethnic And Racial Minorities In Police Departments In England And Wales With The Usa, Jeffrey Ian Ross Ph.D., Mike Rowe Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown

Katheryn Russell-Brown

In the public arena, issues of race continue to command center stage. The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary. Still others dismiss it as tertiary. These varied positions, ranging from "race has nothing to do with this" to "race has everything to do with this" have in some ways canceled out any meaningful discussion of racial issues. Each of the racial camps has been allowed …

Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham

Roger G. Dunham Dr.

No abstract provided.

Graffiti Offenders' Patterns Of Desistance From, And Persistence In, Crime: New Insights Into Reducing Recidivist Offending, Myra Taylor, Umneea Khan

Myra F Taylor

While graffiti is a gateway crime towards more serious criminal offending, little is known about graffitists' patterns of desistance from, and persistence in, crime. This paper addresses this knowledge shortfall through an examination of the Western Australian Police Information Management System (IMS) database for three age-groups (i.e. preteens, adolescents, adults) and three categories of graffiti offenders (Early Desisters, Limited Persisters, Chronic Persisters). Descriptive and chi-squared statistics reveal that: i) nearly three-quarters of all of the 667 preteen, adolescent and adult graffiti offenders desisted from further offending after their first or second contact with police; ii) the mainly adolescent cohort of …

Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd

Rodger E. Broome

Policing and the poetics of everyday life. Chicago: University of Illinois Press, 2008. 256 pp. ISBN 978-0-252-03371-1 (cloth). $42.00. Policing and the Poetics of Everyday Life is a hermeneutical-aesthetic analysis within a human scientific approach of modern policing in the United States. It is an important study of police-citizen encounters informed by hermeneutic aesthetic thought and the author’s professional experience as a veteran with a Seattle area police department in Washington, USA.

The Criminological Cultivation Of African American Municipal Police Officers: Sambo Or Sellout, Howard M. Henderson

Howard M Henderson

African American municipal police officers have been historically underrepresented and often face a double marginalization, arguably due to fellow officer and public perceptions. This study represents a first-step criminological cultivation analysis of the quantity and quality of African American municipal police officer depictions in the core cop film genre (1971–2011). Utilizing the unified film population identification methodology, 112 films were identified and examined to determine the overarching messages conveyed through the genre. Findings revealed that White officers were depicted in the lead or joint leading role in 89% (n ¼ 100) and African Americans in 19% (n ¼ 21) of …

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …

"I'Ve Got Better Things To Worry About" Police Perceptions Of Graffiti And Street Art In A Large Mid-Atlantic City, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …

Accounting For Ethics In Action: Problems With Localised Constructions Of Legitimacy, Stewart R. Clegg, Ray Gordon

Ray Gordon

Socially constituted systems of order emanate from tacit interaction. While they are reflected in an organization’s culture, they do not necessarily align with the organization’s authorised rules and codes of conduct. Such misalignment renders legitimacy in organizations problematic. The paper explores the relation between power and legitimacy by showing how such systems of order recursively establish, and are established by, forms of legitimacy that may not be formalised. Empirically, such forms of legitimacy thwarted a police organization’s attempt to reform. Theoretically, an understanding of organizational change is connected to the relationship between power and legitimacy. The paper provides insights into …

Police Informers And Professional Ethics, Clive Harfield

Clive Harfield

The use of informers is morally problematic for police institutions, for investigation managers, and for those individuals either who act as informers or who have daily responsibility for handling informers. This paper examines the moral issues concerning informers at each of these levels. Recourse to informers can be accommodated within Miller and Blackler's moral theory of policing. Within this context, criteria for the morally justifiable deployment of informers are proposed and supplemented with further proposed criteria for morally justifiable informer participation in crime. Morally justifiable recruitment of informers is also considered. Despite directly serving the purpose of policing, informers do …

The Lived-Experience Of Leading A Successful Police Vehicle Pursuit: A Descriptive Phenomenological Psychological Inquiry, Rodger E. Broome Phd

Rodger E. Broome

Police vehicle pursuits are inherently dangerous, rapidly evolving, and require police coordination to safely stop and arrest the suspect. Interviews of three US police officers were conducted and the descriptive phenomenological psychological method was used to analyze their naïve accounts of their lived-experiences. The psychological constituents of the experience of leading a successful chase and capture of a fleeing criminal found are: (1) Alert to Possible Car Chase, (2) Suspect Identified, (3) Anxiety and Excitement About the Chase, (4) Awareness of Primary Chase Role, (5) Radio Coordination with Others to Take Actions to Stop the Suspect, (6) Ongoing Evaluation of …

Factors Influencing Racial Disparities In Traffic Enforcement In Massachusetts, Jack Mcdevitt

Jack McDevitt

This dissertation seeks to understand the extent to which community-level or organizational-level factors are related to the level of racial disparity in traffic enforcement in Massachusetts. Prior research has demonstrated that racial disparities exist in the ways traffic laws are enforced in Massachusetts and in many other communities across the United States. Little research, however, has focused on what factors may be associated with these disparities. Two theoretical frameworks suggest potential explanations for the disparities that have been identified: racial-threat theory and police-organizational theory. Racial threat theory suggests that racial characteristics of a community, such as the size of the …

The Problem Of Policing, Rachel A. Harmon

Rachel A. Harmon

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …

Schneckloth V. Bustamonte: History’S Unspoken Fourth Amendment Anomaly, Brian Gallini

Brian Gallini

A System Of Exemptions: Historicizing State Illegality In Indonesia, Robert Cribb

Robert Cribb

No abstract provided.

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its …