Digital Commons Network^™

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

Faculty Scholarship

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …

Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke

All Faculty Scholarship

The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …

Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy

Masters Theses

In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …

Factors For Thriving In Law Enforcement, Kelly K. Wedley

Doctor of Education (Ed.D)

The purpose of this non-experimental and quantitative study was to evaluate the degree to which law enforcement officers perceive themselves as thriving. The sample for this study was convenient, non-probable, and purposive and comprised of 214 law enforcement officers from one large law enforcement agency in the State of Florida. The study’s researcher-constructed survey instrument was determined to be internally consistent and reliable. A one sample t-test was used to assess the statistical significance of study participant mean score response to perceptions of thriving and the results were statistically significant. The use of between-subjects analytic techniques was used to compare …

What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes

Reports

The purpose of this review is to examine and evaluate current approaches to reducing violent crime. The review reports on supportive techniques, strategies, programs, and practices that are evidence-informed to combat criminal activity, delinquency, and community disorder. Ineffective techniques, strategies, and programs are also included. The review provides potential strategies and programs that require additional empirical research to show whether they work. This review includes the integration of education, employment, social services, and public health services into efforts to reduce crime and ease the burden on law enforcement and justice systems. Recommendations for reducing violent crime are included.

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …

Blue Shifter: A Reverse Quit Model For Law Enforcement Leaders, Samuel Ponce

Doctor of Strategic Leadership (DSL) Capstone Abstracts

Many organizations are currently experiencing the impact of employees quitting their jobs, this reality has left organizations, including police departments, wondering how to slow down the effects of turnover. Employee turnover is witnessed when employees decide to leave their position at the organization and end their work relationship. Turnover can have a detrimental impact on an organization’s finances, employee performance, worker productivity, and customer service. Additionally, turnover is critical to communities since decreased police forces are related to increases in crime. Furthermore, police resignations are higher than ever and are predicted to continue increasing, however, it is not pernicious to …

Cultural Responsiveness In Policing, Stacy Berry Workman

Walden Dissertations and Doctoral Studies

Over the last decade, headlines have highlighted police-citizen conflicts. With the continuing change in communities to an increasingly diverse population, communication and interactions between officers and citizens must progress towards fairness and transparency. The delivery of culturally competent public safety services facilitates more favorable client outcomes, more effective interpersonal communication, and increased service satisfaction from clients. Although this is heavily stressed in public safety agencies and can decrease the possibility of tort liability for failing to provide adequate services or appropriate treatment, the emphasis varies. The purpose of this phenomenological study was to explore the policies and influences of law …

No Good Deed Goes Unpunished: Practical Solutions For Police Executives To Reduce The Likelihood Of Disciplinary Action Being Overturned Through Arbitration, Spring Sendele

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

No-Knock Warrants: Unlawfully Legitimate, Isabel Pergande

Mahurin Honors College Capstone Experience/Thesis Projects

On March 13, 2020, Breonna Taylor was fatally shot when officers of the Louisville Metro Police Department (LMPD) executed a search warrant at her apartment. Breonna Taylor’s case brought national attention to no-knock warrants (NKWs), which allow police to enter private residences unannounced. It is estimated that 20,000-80,000 NKWs are executed by American police each year. This thesis explores the development of NKWs as a common, yet controversial, police tactic. The increase in NKWs is largely attributed to the federal government’s War on Drugs, beginning with Richard Nixon’s 1968 presidential campaign. However, the Supreme Court laid the foundation for NKWs …

Can Brazilian Jiu Jitsu Be A Viable Treatment Option For Law Enforcement Officers With Ptsd?, Megan Rinderer

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Law enforcement officers (LEO) are more likely to experience symptoms of PTSD when compared to the general population yet are less likely to seek mental health treatment (Jetelina et al., 2020). Given that LEO face unique occupational stressors and repeated exposure to traumatic events, treatment for PTSD among law enforcement populations poses unique challenges for clinicians. The combination of these variables precludes officers from seeking and receiving mental health services. Research regarding the efficacy of Brazilian Jiu Jitsu (BJJ) as a psychotherapeutic intervention is limited. To date, no studies have examined the use of BJJ to mitigate symptoms of PTSD …

Distracted Walking, Michael L. Smith

Faculty Articles

Throughout the United States and across the world, cities are enacting bans on "distracted walking." These bans target cell phone users who cross the street while using a telephone. Doing so in certain cities may result in a fine, community service, or even jail. Drawing inspiration from municipalities, lawmakers in several states have proposed similar statewide legislation. Pushback against these measures is rare-as many people have either directly, or indirectly, experienced the slow and oblivious behavior of "smartphone zombies."

This Article surveys these laws and demonstrates that the science is, at best, mixed on whether device usage results in distraction …