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Criminal Law and Procedure

2012

Jason P. Nance

Articles 1 - 3 of 3

Full-Text Articles in Law

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance Mar 2012

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance

Jason P. Nance

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during …


Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance Feb 2012

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance

Jason P. Nance

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during …


Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance Feb 2012

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance

Jason P. Nance

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during …