Law Commons^™

From Streets To Stats: A Statistical Analysis Of The Quantity Of Illegal Narcotics Seized In The United States, Zachary T. Strickland

Tenor of Our Times

This study aims to determine how seven different variables affect the total quantity of illegal narcotics seized. These seven variables include four dichotomous and three continuous variables, each striving to teach readers how they relate to the quantity of narcotics seized across specific states. My goal for this project is to figure out if there is any relationship to help law enforcement fight the war on drugs. With the continuing apparent rise of this war, this study is crucial in determining potential relationships between a state's characteristics and the quantity of illegal narcotics they forcibly take possession of. I further …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula

Themis: Research Journal of Justice Studies and Forensic Science

The Black Lives Matter movement swept across the United States after the murders of black people at the hands of law enforcement. Not fully acknowledged in the media are the police brutality cases that have also occurred in Canada, a country that prides itself on tolerance, acceptance, and diversity. Police brutality is an unfortunate reality that stems from racial profiling, one of the many symptoms of historically oppressive institutions. In this paper, I will examine police coercion and racial profiling in Canada and the United States. This paper will employ a theoretical framework of conflict theory and minority threat hypothesis …

What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors, Liana Brown

University of Miami International and Comparative Law Review

This note compares the training of police officers and its consequential effects in the United States versus that of Norway. In the United States, the lack of national training standards, in conjunction with an emphasis on technical skills and weaponry, has further perpetuated the “Warrior mindset.” The “Warrior mindset” reflects the rhetoric that officers are akin to combatants in a war, in which they have a duty to safeguard the rest of civilization against criminals that can strike at any moment. Contrastingly, the training programs for police officers in Norway include a consolidated and robust three-year education program that emphasizes …

Impact Of Organizational Fairness On Ethical Policing In The Community, David P. Cepiel

Ed.D. Dissertations

Since 2015, policing has suffered from negative publicity due to unfortunate and often deadly interactions between police officers and people of color. As a result of these sad events, various programs have been incorporated into many police departments to increase professionalism among officers. One such program focuses on increasing legitimacy by teaching procedural justice concepts to officers. This study examined the impacts of organizational fairness on officers from the perspective of procedural justice. Building on previous research, this study focused on the officers and sergeants employed in two small municipal police departments in the Midwestern United States. Ninety-eight participants from …

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.

Reforming Recidivism: Making Prison Practical Through Help, Katelyn Copperud

The Scholar: St. Mary's Law Review on Race and Social Justice

While Texas has long been recognized as “Tough Texas” when it comes to crime, recent efforts have been made to combat that reputation. Efforts such as offering “good time” credit and more liberal parole standards are used to reduce the Texas prison populations. Although effective in reducing prison populations, do these incentives truly reduce a larger issue of prison overpopulation: recidivism?

In both state and federal prison systems, inmate education is proven to reduce recidivism. Texas’s own, Windham School District, provides a broad spectrum of education to Texas Department of Criminal Justice inmates; from General Education Development (GED) classes to …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

From Pelican Bay To Palestine: The Legal Normalization Of Force-Feeding Hunger-Strikers, Azadeh Shahshahani, Priya Arvind Patel

Michigan Journal of Race and Law

Hunger-strikes present a challenge to state authority and abuse from powerless individuals with limited access to various forms of protest and speech—those in detention. For as long as hunger-strikes have occurred throughout history, governments have force-fed strikers out of a stated obligation to preserve life. Some of the earliest known hunger-strikers, British suffragettes, were force-fed and even died as a result of these invasive procedures during the second half of the 19th century.

This Article examines the rationale and necessity behind hunger strikes for imprisoned individuals, the prevailing issues behind force-feeding, the international public response to force-feeding, and the legal …

The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns

Pepperdine Law Review

The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for certain crimes to …

Katz V. United States: Back To The Future?, Michael Vitiello

University of Richmond Law Review

No abstract provided.

Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele

William & Mary Journal of Race, Gender, and Social Justice

This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.

Abetting Mass Prison Escape: A Defense, David W. Frank

University of Miami Race & Social Justice Law Review

No abstract provided.

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender & Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.

Trends In Juvenile Delinquency, David L. Jones Mr.

All NMU Master's Theses

ABSTRACT

TRENDS IN JUVENILE DELINQUENCY

By

David L. Jones

This is a study on trends in juvenile delinquency. The research proposal mentions, within the introduction, factors such as unemployment rates, high school dropout rates, poverty, and juvenile delinquency case rates in the United States, which are actually the variables that are used in the study to illustrate a relationship between them and the current trend in juvenile delinquency. In establishing the link, the paper does a brief literature review of various perspectives associated with juvenile delinquency and mentions some hypotheses that are relevant to the study. Further, the paper gives …

From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric

Michigan Journal of Race and Law

Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights violations of both criminals and victims, incalculable public revenue wastage, and a failure to implement effective measures to reduce crime. This Article attempts to bridge the gulf that exists between knowledge and practice in sentencing and lays the groundwork for a fair and efficient sentencing system. The Article focuses on …

Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler

All Faculty Scholarship

This Article traces the history of capital punishment in America. It describes the death penalty's curtailment in colonial Pennsylvania by William Penn, and the substantial influence of the Italian philosopher Cesare Beccaria -- the first Enlightenment thinker to advocate the abolition of executions -- on the Founding Fathers' views. The Article also describes the transition away from "sanguinary" laws and punishments toward the "penitentiary system" and highlights the U.S. penal system's abandonment of non-lethal corporal punishments.

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

The American Historical Review (April 2012) (Reviewing David Garland, Peculiar Institution: America’S Death Penalty In An Age Of Abolition, John Bessler

All Faculty Scholarship

No abstract provided.

History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann

University of Richmond Law Review

Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie

Graduate Research Symposium (GCUA) (2010 - 2017)

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …

Curtis Fogel On Dying Inside: The Hiv/Aids Ward At Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, Mi: University Of Michigan Press, 2008. 238pp., Curtis Fogel

Human Rights & Human Welfare

A review of:

Dying Inside: The HIV/AIDS Ward at Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, MI: University of Michigan Press, 2008. 238pp.

Jews In Jail, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Pollard Languishes, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Law And Governance In The 21st Century Regulatory State, Jason M. Solomon

Faculty Publications

No abstract provided.

Passover And Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Sounds Of Silence, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

The Paradox Of Criminal Justice Education In The United States: A Study Of The Perceptions Of Criminal Justice Faculty As A Paradigm Of An Academic Discipline And The Congruence With The Literature, Daniel A. Posluszny

Seton Hall University Dissertations and Theses (ETDs)

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What Are The Elements Of A Successful Training Model, As Perceived By Global Corporate Security Heads Working In The Ethical Pharmaceutical Industry?, Kevin P. Schatzle

Seton Hall University Dissertations and Theses (ETDs)

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