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2012

Law Enforcement and Corrections

Institution
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Articles 1 - 30 of 138

Full-Text Articles in Law

Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez Dec 2012

Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez

Tadeo Leandro Fernandez

The aim of this paper is to describe the international recommendations on prevention of money laundering about confiscation of the proceeds of crime, in particular the indirect proceeds. In that sense, for this purpose we propose to use the term confiscation as a generic of forfeiture, restitution, damage repair, and reset to the previous state, i.e. we include forfeiture rules (Section 23 and 305) and damage repair (Title IV of Book I) of the Criminal Code and we also note national case law that share this idea. Last, we conclude that current Argentine system allows confiscating the direct and ...


The (In)Admissibility Of False Confession Expert Testimony, David A. Perez Dec 2012

The (In)Admissibility Of False Confession Expert Testimony, David A. Perez

Touro Law Review

This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this ...


Maine Prevalence Of Pharmacy Robberies, John Redwanski, Diana Nguyen Dec 2012

Maine Prevalence Of Pharmacy Robberies, John Redwanski, Diana Nguyen

Pharmacy Practice Faculty Posters

Poster presentation: The increased incidence of drug abuse in the state of Maine has correlated with the prevalence of pharmacy robberies. A 1400 percent increase of pharmacy robberies within the past 3 years has caught the attention of law enforcement and government. Maine’s attorney general commissioned the drug abuse task force to properly control this pharmacy epidemic.


Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett Dec 2012

Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett

UNLV Theses, Dissertations, Professional Papers, and Capstones

ABSTRACT

Educational problems are many and varied. At-risk students, achievement gaps and poor student outcomes are hot topics that beg for improvement in equity across the board and stand in the way of achieving excellence. These educative, albeit, social justice issues are not new, but rather, are old problems revisited (Kaestle, 1983; Morrison, 2003). Additionally, the issue of violence in schools is also recognized as not only a social justice problem but also a public health problem (Mercy & O'Carroll, 1988) and is perhaps the most pressing societal issue related to children and youth today. "Safe schools are the concern of communities throughout the world...and the protection of children in schools is a constant challenge for societies around the world," (Rosiak, J., 2009, p.1). Violence in schools is a complex issue: student's assault teachers, strangers harm children, students hurt each other, and any one of the parties may come to school already damaged or violated. The kind of violence an individual encounters is widespread, "theft, bullying, drugs, and weapons in school" (Dinkes, R., Kemp, J., Baum K., Snyder, T., 2009 p.3) including rape and murder. School professionals, parents, and citizens alike are alarmed by the apparent level of violent acts that plague our school communities.

The notion that schools should be safe havens is a concept that has found support in law throughout the history of public schools. For teachers to teach and children to learn, there must be a safe and inviting learning environment. Students and school personnel need a secure environment, free from the danger and threat of violence and harm, drug use, and lack of discipline, in order to ensure that all children achieve to their full potential.

The purpose of this study was to evaluate a program that focused on ensuring such a safe haven for school children; the Las Vegas Metropolitan Police Department's School Violence Initiative. The program evaluation methodology used both qualitative and quantitative data to evaluate ...


The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr Dec 2012

The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr

Michigan Law Review

In the Supreme Court's recent decision on GPS surveillance, United States v. Jones, five justices authored or joined concurring opinions that applied a new approach to interpreting Fourth Amendment protection. Before Jones, Fourth Amendment decisions had always evaluated each step of an investigation individually. Jones introduced what we might call a "mosaic theory" of the Fourth Amendment, by which courts evaluate a collective sequence of government activity as an aggregated whole to consider whether the sequence amounts to a search. This Article considers the implications of a mosaic theory of the Fourth Amendment. It explores the choices and puzzles ...


Fleeing East From Indian Country: State V. Eriksen And Tribal Inherent Sovereign Authority To Continue Cross-Jurisdictional Fresh Pursuit, Kevin Naud Jr. Dec 2012

Fleeing East From Indian Country: State V. Eriksen And Tribal Inherent Sovereign Authority To Continue Cross-Jurisdictional Fresh Pursuit, Kevin Naud Jr.

Washington Law Review

In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court’s reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is irrelevant to a consideration of sovereign authority. States do not have the authority to unilaterally define tribal power. A tribe retains sovereign powers not taken by Congress, given away in a treaty, or removed by implication of its dependent status. The Eriksen Court also ...


The Offender And The Victim, Edward Tromanhauser Nov 2012

The Offender And The Victim, Edward Tromanhauser

Pepperdine Law Review

No abstract provided.


Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter Nov 2012

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.


Emerging Issues In Victim Assistance, Marlene A. Young Nov 2012

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.


Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland Nov 2012

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson Nov 2012

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry Nov 2012

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Nov 2012

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon Nov 2012

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.


Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder Nov 2012

Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder

Pepperdine Law Review

No abstract provided.


The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen Nov 2012

The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen

Pepperdine Law Review

No abstract provided.


Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom Nov 2012

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.


Screening For Mental Health Problems Among Incarcerated Youth In Nevada: Practice And Policy, Michelle Chino, Jennifer Personius-Zipoy, Denise Tanata Nov 2012

Screening For Mental Health Problems Among Incarcerated Youth In Nevada: Practice And Policy, Michelle Chino, Jennifer Personius-Zipoy, Denise Tanata

Nevada Journal of Public Health

Incarcerated youth in Nevada with serious mental health problems are not being effectively identified. The current study examined the utility of simple screening instruments as a mechanism for identifying incarcerated youth who may have a mental health disorder. Adjudicated youth, incarcerated at each of Nevada’s 12 juvenile detention facilities, participated in the study by completing a demographic questionnaire and a standardized mental health screening instrument: the Massachusetts Youth Screening Instrument-Version 2 (MAYSI-2). Findings indicate a high prevalence of mental health disorders among incarcerated juveniles in Nevada. Identifying youth with mental health problems is complicated by the lack of a ...


The Effect Of Privately Provided Police Services On Crime, John M. Macdonald, Jonathan Klick, Ben Grunwald Nov 2012

The Effect Of Privately Provided Police Services On Crime, John M. Macdonald, Jonathan Klick, Ben Grunwald

Faculty Scholarship at Penn Law

Research demonstrates that police reduce crime. The implication of this research for investment in a particular form of extra police services, those provided by private institutions, has not been rigorously examined. We capitalize on the discontinuity in police force size at the geographic boundary of a private university police department to estimate the effect of the extra police services on crime. Extra police provided by the university generate approximately 45-60 percent fewer crimes in the surrounding neighborhood. These effects appear to be similar to other estimates in the literature.


Attica State Correctional Facility: The Causes And Fallout Of The Riot Of 1971, Kathleen E. Slade Nov 2012

Attica State Correctional Facility: The Causes And Fallout Of The Riot Of 1971, Kathleen E. Slade

The Exposition

Everyone has heard the rallying cry “Attica! Attica!” These are words shouted in protest by many in the 1970s including John Lennon in his song “Attica State” in 1971 and Al Pacino in the movie “Dog day Afternoon” in 1975. But what happened at Attica State Correctional Facility in the rural town of Attica, NY in 1971 to cause the bloodiest day in American history up to that time? A prison built to be escape proof and virtually riot proof in 1931 exploded just forty years later in a violent four day riot that ended in a bloody massacre of ...


Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon Nov 2012

Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon

Rachel A. Harmon

With respect to deterring police misconduct, federal remedies are almost as good as they are ever going to get. Federal remedies for police misconduct, and most other remedies for misconduct, promote change by making misconduct costly for police departments and municipalities. Improving federal remedies would encourage some additional departments to seek the positive expected return on reform measures likely to reduce misconduct. But existing federal remedies all focus on either increasing the cost of misconduct or reducing its benefits. The problem is that even if existing federal remedies are altered to maximize deterrence, they cannot be employed to impose a ...


Incompetent Plea Bargaining And Extrajudicial Reforms, Stephanos Bibas Nov 2012

Incompetent Plea Bargaining And Extrajudicial Reforms, Stephanos Bibas

Faculty Scholarship at Penn Law

Last year, in Lafler v. Cooper and Missouri v. Frye, a five-to-four majority of the Supreme Court held that incompetent lawyering that causes a defendant to reject a plea offer can constitute deficient performance, and the resulting loss of a favorable plea bargain can constitute cognizable prejudice, under the Sixth Amendment. This commentary, published as part of the Harvard Law Review’s Supreme Court issue, analyzes both decisions. The majority and dissenting opinions almost talked past each other, reaching starkly different conclusions because they started from opposing premises: contemporary and pragmatic versus historical and formalist. Belatedly, the Court noticed that ...


Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson Oct 2012

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.


Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr. Oct 2012

Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr.

Pepperdine Law Review

No abstract provided.


Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad Oct 2012

Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad

Pepperdine Law Review

No abstract provided.


Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey Oct 2012

Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey

William C. Bailey

A replication and extension of a weekly ARIMA analysis (1989–1991) by Cochran et al. (1994), which appeared in Criminology, confirms that Oklahoma's return to capital punishment in 1990, after a 25-year moratorium, was followed by a significant increase in killings involving strangers. Moreover, a multivariate autoregressive analysis, which includes measures of the frequency of executions, the level of print media attention devoted to executions, and selected sociodemographic variables, produced results consistent with the brutalization hypothesis for total homicides, as well as a variety of different types of killing involving both strangers and nonstrangers. No prior study has shown ...


Felony Murder And Capital Punishment: An Examination Of The Deterrence Question, Ruth Peterson, William C. Bailey Oct 2012

Felony Murder And Capital Punishment: An Examination Of The Deterrence Question, Ruth Peterson, William C. Bailey

William C. Bailey

A proper test of the deterrent effect of the death penalty must consider capital homicides. However, the criterion variable in most investigations has been total homicides—most of which bear no legal or theoretical relationship to capital punishment. To address this fundamental data problem, this investigation used Federal Bureau of Investigation data for 1976–1987 to examine the relationship between capital punishment and felony murder, the most common type of capital homicide. We conducted time series analyses of monthly felony murder rates, the frequency of executions, and the amount and type of television coverage of executions over the period. The ...


Richardson V. Mcknight: Barring Qualified Immunity From 42 U.S.C. § 1983 For Private Jailers , Lori Dacosse Oct 2012

Richardson V. Mcknight: Barring Qualified Immunity From 42 U.S.C. § 1983 For Private Jailers , Lori Dacosse

Pepperdine Law Review

No abstract provided.


Making More Effective Use Of Our Prisons Through Regimented Labor, Stefanie Evans Oct 2012

Making More Effective Use Of Our Prisons Through Regimented Labor, Stefanie Evans

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.