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Articles 1 - 5 of 5
Full-Text Articles in Law
Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz
Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz
Faculty Publications
Police make more than eleven million arrests every year. Yet prosecutors dismiss about 25% of criminal charges with no conviction being entered. Needless arrests are therefore clogging the criminal justice system and harming criminal defendants. For instance, Freddie Gray was fatally injured in police custody after being arrested for possession of a switchblade knife. Prosecutors later announced, however, that they did not believe the knife was actually illegal. If prosecutors had to approve warrantless arrests before police could take suspects into custody, Freddie Gray would still be alive. Yet prosecutors’ offices almost never dictate who the police should or should …
Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton
Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton
Faculty Publications
Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that the footage will be available as evidence, police officers have an incentive to narrate body camera videos with descriptive oral statements that support a later prosecution. Captured on an official record that exclusively documents the police officer’s perspective, these statements—for example, “he just threw something …
The Role Of Pressure Groups And Problem Definition In Crafting Legislative Solutions To The Opioid Crisis, Taleed El-Sabawi
The Role Of Pressure Groups And Problem Definition In Crafting Legislative Solutions To The Opioid Crisis, Taleed El-Sabawi
Faculty Publications
Organized interest groups and federal administrative agencies have historically been influential in defining problem drug use during nationwide crisis. As such, the manner in which these pressure groups defined the problem may have influenced or, at least, provided support for legislators’ decisions to shy away from a criminal justice approach and towards acceptance of a more “health-oriented” — one that did not comprehensively address demand factors or demonstrate a commitment to reforming U.S. drug policy to meet international standards of best practice. In an effort to provide a snapshot of what such involvement may look like, this article explores the …
Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi
Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi
Faculty Publications
Despite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in …
Time Is Not On Our Side: Why Specious Claims Of Collective Bargaining Rights Should Not Be Allowed To Delay Police Reform Efforts, Ayesha Bell Hardaway
Time Is Not On Our Side: Why Specious Claims Of Collective Bargaining Rights Should Not Be Allowed To Delay Police Reform Efforts, Ayesha Bell Hardaway
Faculty Publications
Many view the passage of the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for engaging in a pattern or practice of policing that violates the rights of individuals. However, police unions have attempted to intervene in structural reform litigation designed to remedy unconstitutional policing practices. Those attempts have largely been based on employment rights conferred through collective bargaining laws and similar employment protections. The unions argue that the …