Law Commons^™

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman

Presentations

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help …

S.H.O.T. Db (Statistics Help Officer Tactics) – Officer-Involved Shootings Database, Hasan Arslan

Cornerstone 3 Reports : Interdisciplinary Informatics

No abstract provided.

Marginal Deterrence In The Enforcement Of Law: Evidence From Distributed Denial Of Service Attack, Kai-Lung Hui, Seung-Hyun Kim, Qiu-Hong Wang

Research Collection School Of Computing and Information Systems

By studying a panel dataset of distributed denial of service attack across 240 countriesover 5 years, we find that enforcing the Convention on Cybercrime had increasedthe intensity of attack by 43 to 52 percent. It did not significantly reducethe chance for a country to be selected for the attack. We conducted a batteryof identification and falsification tests to show that such increased attack intensityarose because of failure in marginal deterrence, instead of other theories such asbrutalization, stigmatization, or defiance, or general forms of endogeneity. We showthat raising the standard of proof of conviction is one way to facilitate marginaldeterrence, but …

Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci

Honors College

Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has almost …

Reply Brief For Appellant, Ramirez V. Nietzel, Melissa N. Henke

Law Faculty Advocacy

No abstract provided.

A Phenomenological Exploration Of Black Male Law Enforcement Officers' Perspectives Of Racial Profiling And Their Law Enforcement Career Exploration And Commitment, Gregory A. Salters

FIU Electronic Theses and Dissertations

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).

Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis …

Criminal (In)Justice And Democracy In America, Stephanos Bibas

All Faculty Scholarship

This essay responds to Nicola Lacey’s review of my recent book The Machinery of Criminal Justice (Oxford Univ. Press 2012). Lacey entirely overlooks the book’s fundamental distinction between making criminal justice policy wholesale and adjudicating deserved punishment at the retail level, in individual cases, which is quite consistent with keeping but tempering rules. She also undervalues America’s deep commitments to federalism, localism, and democratic self-government and overlooks the related problem of agency costs in criminal justice. Her top-down approach colors her desire to pursue equality judicially, to the exclusion of the political branches. Finally, Lacey denigrates the legitimate roles of …

Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger

All Faculty Scholarship

No abstract provided.

Brief For Appellant, Ramirez V. Nietzel, Melissa N. Henke

Law Faculty Advocacy

No abstract provided.

Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart

Criminal Justice Policy Research Institute Research Research Briefs

On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.

This report examines public perceptions of PPB across four content areas that are highlighted in the DOJ settlement agreement. Data for the report were …

(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell

Journal Articles

n June 25, 2012, the Supreme Court of the United States issued its landmark decision in Arizona v. United States, 1 striking down three of the four provisions of Arizona’s notorious Senate Bill (“S.B.”) 10702 challenged by the United States Department of Justice as preempted by federal immigration law. Despite agreeing with the government that the majority of Arizona’s attempt to regulate immigration at the state level through S.B. 1070 was impermissible, the Supreme Court let stand the most controversial section of the law, Section 2(B)—the socalled “show me your papers” provision.3 Under Section 2(B), state and local law enforcement …

Addressing Sexual Violence Against Youth In Custody: Youth Workers’ Handbook On Identifying And Addressing Sexual Violence In Juvenile Justice Settings, Brenda V. Smith, Jaime M. Yarussi

Reports

From 1999 to 2012, The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law had a cooperative agreement with the National Institute of Corrections (NIC) to provide training to high-level correctional decisionmakers on key issues in addressing and investigating staff sexual misconduct. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and offender-on-offender sexual abuse. In 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on addressing sexual abuse of youth in custody. This handbook …

Crashing The Misdemeanor System, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …

"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones

Articles in Law Reviews & Other Academic Journals

This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …

The Field In Ireland In 2014, Tom Dunne

Articles

Repossessions are an important part of recovery in the housing market

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis

Project on Addressing Prison Rape - Articles

This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …

Fifty State Survey Of Criminal Laws Prohibiting Sexual Abuse Of Individuals In Custody, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.

Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben

Faculty Works

A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …

Powerless Against Police Brutality: Felon’S Story, Tamara F. Lawson

Articles

Imagine driving to the store with friends, but while en route, you are shot and beaten by the police so severely that random citizen witnesses intervene to stop the police brutality. Next, envision recovering from these injuries and awakening from a coma chained to your hospital bed informed that you are under arrest for attempted murder of a police officer. Then, consider waiting over five years for the opportunity to tell your story to the court, believing justice will be served, but instead you discover that the trial is more influenced by the revelation of your prior criminal record than …

Community Control Over Camera Surveillance: A Response To Bennett Capers's "Crime, Surveillance, And Communities", Christopher Slobogin

Vanderbilt Law School Faculty Publications

Professor Capers's article helps stimulate thinking about the way in which community views and individual rights interact. In my view, where police propose to conduct surveillance of groups, as occurs with camera surveillance (including the newly developing drone camera systems)', the affected group should be heavily involved in the authorization process. If the surveillance is authorized, care must be taken to ensure that all members of the group are equally affected by it unless and until individualized suspicion, proportionate to the intrusion, develops. That formula ensures that the interests of both the collective and the individual are protected.

Captive Markets, Leah A. Plunkett

Law Faculty Scholarship

Today, inmates in county jails nationwide are billed for some or all of the costs of their room-and-board behind bars. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly 70% of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions — such as fines and penalties, restitution, taxes, and fees — it in fact usually belongs to a distinct model that this Article calls the “government-imposed-loan.” This Article provides an overview of the landscape of pay-to-stay programs …

Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Law Faculty Scholarship

Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks

Faculty Journal Articles and Book Chapters

When should a suspected terrorist receive Miranda warnings, and should confessions obtained without obtaining a waiver of the Miranda right to silence and assistance of counsel be admissible at trial? The answer to this question turns on the scope of what is known as the Public Safety Exception (PSE) to the Miranda warning and waiver requirement. Established by the Supreme Court in 1984 in New York v. Quarles, the exception allows the use of confessions obtained from suspects questioned after being placed in custody (the situation that triggers the Miranda warning and waiver requirement) when the questions respond to an …

We Are Always Already Imprisoned: Hyper-Incarceration And Black Male Identity Performance, Frank Rudy Cooper

Scholarly Works

In this Essay, Professor Frank Rudy Cooper recenters the experiences of men of color, particularly those of black men, in light of Reagan's War on Drugs and recent scholarship illustrating the over-representation of men of color in prison for petty drug use. The mainstream's depiction of black men as always already imprisoned disciplines us into the never-finished quest to prove we are a "Good Black Man," rather than a "Bad Black Man." In order to propose greater empathy for black men's imprisonment, this article proceeds in the following manner. In Part I, Professor Cooper sets the stage for considering the …

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Plata V. Brown And Realignment: Jails, Prisons, Courts, And Politics, Margo Schlanger

Articles

The year 2011 marked an important milestone in American institutional reform litigation. That year, a bare majority of the U.S. Supreme Court, in an opinion in Brown v. Plata by Justice Anthony Kennedy, affirmed a district court order requiring California to remedy its longstanding constitutional deficits in prison medical and mental health care by reducing prison crowding. Not since 1978 had the Court ratified a lower court's crowding-related order in a jail or prison case, and the order before the Court in 2011 was fairly aggressive; theoretically, it could have (although this was never a real prospect) induced the release …

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …

Why Police Learn From Third-Party Data, Randall K. Johnson

Faculty Works

This essay argues that third-party data collection, particularly of administrative complaints and departmental audit information, holds greater promise than lawsuit data collection. It does so by asserting that third-party data collection is more useful for three reasons. First, third-party data collection prevents manipulation by individual police officers and law enforcement agencies. Second, it assures that police behavioral trends are actually identified. Lastly, third-party data collection helps to deter published § 1983 cases. The essay, however, only models and tests the final claim.

A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse

All Faculty Scholarship

The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ‘disease’ or ‘moral weakness’. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ‘translated’ into the law’s folk …

Witness Recantation Study: Preliminary Findings, Alexandra E. Gross, Samuel R. Gross

Other Publications

In September 2012, the National Registry of Exonerations began a research study of all the cases in our database that involve post-conviction recantations by witnesses or victims. This is the first systematic study of recantations ever conducted. Its purpose is to identify patterns and trends among these cases, with a particular focus on the circumstances that first elicit the false testimony, and on the official reactions to the recantations by judges and other authorities. Our data set includes all the cases in the Registry as of February 28, 2013 – a total of 1,068 cases, 250 of which involve recantations. …