Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Police (3)
- School-to-prison pipeline (3)
- Education law (2)
- Abolition of debtors prison (1)
- Competence (1)
-
- Competency (1)
- Confession (1)
- Constitutional Law (1)
- Criminal Procedure (1)
- Debt (1)
- Debtors prison (1)
- Education (1)
- Education Law (1)
- Fifth Amendment (1)
- First Amendment (1)
- Glik v. Cunniffe (1)
- Implicit bias (1)
- Interrogation (1)
- Journalists (1)
- Juvenile justice (1)
- Law enforcement (1)
- Legal history (1)
- Mental disorder (1)
- Mental illness (1)
- Miranda v. Arizona (1)
- Privacy (1)
- Privilege Against Self-Incrimination (1)
- Pro se (1)
- Race and education (1)
- Representational competence (1)
Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance
The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance
UF Law Faculty Publications
In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, …
The Dramas Of Criminal Law: Thurman Arnold’S Post-Realist Critique Of Law Enforcement, Mark Fenster
The Dramas Of Criminal Law: Thurman Arnold’S Post-Realist Critique Of Law Enforcement, Mark Fenster
UF Law Faculty Publications
The high legal realist period of the 1930s was not known for its criminal law scholarship, while until fairly recently, criminal law theory was not as well-developed as those fields that had faced a realist and post-realist critique. This Essay attempts to address these issues by describing in detail the criminal law scholarship of Thurman Arnold, a prominent realist whose best known academic writings were his mid-1930s monographs on the New Deal and resistance to it. Arnold’s criminal law scholarship serves as a forgotten link between the classical doctrinal work that dominated midcentury legal academic work on criminal law and …
The Right To Record Images Of Police In Public Places: Should Intent, Viewpoint, Or Journalistic Status Determine First Amendment Protection?, Clay Calvert
UF Law Faculty Publications
Using the February 2016 federal district court ruling in Fields v. City of Philadelphia as an analytical springboard, this Article examines growing judicial recognition of a qualified First Amendment right to record images of police working in public places. The Article argues that Judge Mark Kearney erred in Fields by requiring that citizens must intend to challenge or criticize police, via either spoken words or expressive conduct, in order for the act of recording to constitute "speech" under the First Amendment. It asserts that a mere intent to observe police-not to challenge or criticize them-suffices. It then also explores how …
The Right To Silence V. The Fifth Amendment, Tracey Maclin
The Right To Silence V. The Fifth Amendment, Tracey Maclin
UF Law Faculty Publications
This paper concerns a well-known, but badly misunderstood, constitutional right. The Fifth Amendment to the Constitution guarantees, inter alia, that no person “shall be compelled in any criminal case to be a witness against himself.” For the non-lawyer, the Fifth Amendment protects an individual’s right to silence. Many Americans believe that the Constitution protects their right to remain silent when questioned by police officers or governmental officials. Three rulings from the Supreme Court over the past twelve years, Chavez v. Martinez (2003), Berghuis v. Thomkpins (2010) and Salinas v. Texas (2013), however, demonstrate that the “right to remain silent” that …
State Bans On Debtors' Prisons And Criminal Justice Debt, Christopher D. Hampson
State Bans On Debtors' Prisons And Criminal Justice Debt, Christopher D. Hampson
UF Law Faculty Publications
Since the 1990s, and increasingly in the wake of the Great Recession, many municipalities, forced to operate under tight budgetary constraints, have turned to the criminal justice system as an untapped revenue stream. Raising the specter of the "debtors' prisons" once prevalent in the United States, Imprisonment for failure to pay debts owed to the state has provoked growing concern over the year.
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
UF Law Faculty Publications
Legal intellectual history, I suggest in this Paper, is the street sweeper in the parade of law’s history and its use of history. Lawyers and legal academics want great, important figures, cases, and theories with and against which they can do battle. The student-edited law reviews prefer bold, clear claims that explain why one answer to an historical question presented will bring justice, while a competing answer is manifestly unjust; why one past approach lacks principle or created worse consequences; or how one theory or another can explain all manner of thorny legal issues which bedevils academics and practitioners. Viewing …
Students, Police, And The School-To-Prison Pipeline, Jason P. Nance
Students, Police, And The School-To-Prison Pipeline, Jason P. Nance
UF Law Faculty Publications
Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies to keep students safe, including putting more police officers in schools. Yet these decisionmakers have not given enough attention to the potential negative consequences that such laws and policies may have, such as creating a pathway from school to prison for many students. Traditionally, only educators, not law enforcement, handled certain lower-level offenses that students committed, such as fighting or making threats without using a weapon. Drawing on recent restricted data from the US Department of …
Rethinking Law Enforcement Officers In Schools, Jason P. Nance
Rethinking Law Enforcement Officers In Schools, Jason P. Nance
UF Law Faculty Publications
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 …
Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance
Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance
UF Law Faculty Publications
The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This article analyzes the school-to-prison pipeline’s devastating consequences on students, its causes, and its disproportionate impact on students of color. But most importantly, this article comprehensively identifies and describes specific, evidence-based tools to dismantle the school-to-prison pipeline that lawmakers, school administrators, and teachers in all areas can immediately …
The New American Debtors' Prisons, Christopher D. Hampson
The New American Debtors' Prisons, Christopher D. Hampson
UF Law Faculty Publications
State by state, Americans abolished imprisonment for debt in the first half of the nineteenth century. In forty-one states, the abolition of debtors' prisons eventually took the form of constitutional bans. But debtors' prisons are back, in the form of imprisonment for nonpayment of criminal fines, fees, and costs. While the new debtors' prisons are not historically or doctrinally continuous with the old, some aspects of them offend the same pragmatic and moral principles that compelled the abolition of the old debtors' prisons. Indeed, the same constitutional texts that abolished the old debtors' prisons constitute checks on the new today. …
Communication And Competence For Self-Representation, E. Lea Johnston
Communication And Competence For Self-Representation, E. Lea Johnston
UF Law Faculty Publications
In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. States have applied these standards to …