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Full-Text Articles in Law Enforcement and Corrections

The Case Against Police Militarization, Eliav Lieblich, Adam Shinar Jun 2018

The Case Against Police Militarization, Eliav Lieblich, Adam Shinar

Michigan Journal of Race and Law

We usually think there is a difference between the police and the military. Recently, however, the police have become increasingly militarized – a process which is likely to intensify in coming years. Unsurprisingly, many find this process alarming and call for its reversal. However, while most of the objections to police militarization are framed as instrumental arguments, these arguments are unable to capture the core problem with militarization.

This Article remedies this shortcoming by developing a novel and principled argument against police militarization. Contrary to arguments that are preoccupied with the consequences of militarization, the real problem with police militarization is ...


Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. Mccormick, Juliet P. Stumpf May 2018

Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. Mccormick, Juliet P. Stumpf

Boston College Law Review

In the wake of President Trump’s election, a growing number of local jurisdictions around the country have sought to disentangle their criminal justice apparatus from federal immigration enforcement efforts. These localities have embraced a series of reforms that attempt to ensure immigrants are not deported when they come into contact with the criminal justice system. The Trump administration has labeled these jurisdictions “sanctuary cities” and vowed to “end” them by, among other things, attempting to cut off their federal funding.

This Article is a collaborative project authored by law professors specializing in the intersection between immigration and criminal law ...


The Exigencies Of Drunk Driving: Cripps V. State And The Issues With Taking Drivers' Blood Without A Warrant, Timothy Andrea May 2018

The Exigencies Of Drunk Driving: Cripps V. State And The Issues With Taking Drivers' Blood Without A Warrant, Timothy Andrea

Boston College Law Review

Few of the government’s investigatory techniques implicate individual privacy concerns more than the taking and testing of a suspect’s blood. These blood draws are a common tool used to fight drunk driving. In 2013, in Missouri v. McNeely, the U.S. Supreme Court reiterated the need for case-by-case review when considering whether exigent circumstances justify warrantless blood testing of drunk driving suspects. An Oklahoma statute takes a different approach by categorically abdicating the warrant requirement and authorizing law enforcement to draw blood from any driver involved in an accident that results in serious bodily injury. In 2016, in ...


A Mixed Method Study Of Shifts In Patrol Tactics Attributed To Police Involvement In National Events And Movements, Christopher L. Rinaldi May 2018

A Mixed Method Study Of Shifts In Patrol Tactics Attributed To Police Involvement In National Events And Movements, Christopher L. Rinaldi

Seton Hall University Dissertations and Theses (ETDs)

Over the past few years a series of high profile events involving the use of deadly force by police against individuals of minority descent have sparked national reactions driven in some part by modern media coverage. These reactions have included backlash against law enforcement both within the cities directly involved and those not directly involved. This has led to speculation by some that patrol officers are changing their tactics in a less proactive manner.

The purpose of this study is to explore the experiences, motivation, and practices of an individual department not directly involved with one of the aforementioned nationally ...


A Study Of Transformational Leadership Practices To Police Officers' Job Satisfaction And Organizational Commitment, John P. Decker May 2018

A Study Of Transformational Leadership Practices To Police Officers' Job Satisfaction And Organizational Commitment, John P. Decker

Seton Hall University Dissertations and Theses (ETDs)

This study is based upon Bass and Riggio’s (2006) Augmentation Model on Transactional and Transformational Leadership, in which this quantitative study sought to identify the amount of variance in police officer job satisfaction and organizational commitment that can be explained by police chiefs’ transformational leadership behaviors above and beyond the influence of transactional behaviors. A total of 166 police officers were surveyed in five central New Jersey police departments in relation to their job satisfaction and organizational commitment, as well as the leadership behaviors in which their police chiefs engaged, utilizing Bass and Avolio’s (2004) Multifactor Leadership Questionnaire ...


The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Aci Civil Legal Clinics Project Expands To Women's Facility (05-03-2018), Roger Williams University School Of Law May 2018

The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Aci Civil Legal Clinics Project Expands To Women's Facility (05-03-2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Evaluating The Influences Of Domestic Violence Training On The Attitudes And Perceptions Of Police Recruits At The East Tennessee Regional Law Enforcement Academy, Jeffrey T. Gazzo Mr. May 2018

Evaluating The Influences Of Domestic Violence Training On The Attitudes And Perceptions Of Police Recruits At The East Tennessee Regional Law Enforcement Academy, Jeffrey T. Gazzo Mr.

Electronic Theses and Dissertations

A sample of recruits attending the East Tennessee Regional Law Enforcement Academy were surveyed about attitudes relating to a variety of topics, including their perceived role as police officers, domestic violence, its victims, perpetrators, and police interactions with domestic violence. The recruits completed the survey during their first week at the academy. The recruits completed the identical survey on the last week of academy training. No significant change in attitudes were found following the completion of the Regional Law Enforcement Academy training program. Conclusively, the results of this study show that the training provided at the East Tennessee Regional Law ...


Media Framing Of Wrongful Convictions, Eza B. Zakirova May 2018

Media Framing Of Wrongful Convictions, Eza B. Zakirova

Student Theses

Wrongful convictions are a major issue hindering the effectiveness and legitimacy of the criminal justice system. The topic has become a focus of media attention. Among the issues raised are the contributing factors to wrongful convictions, such as false confessions, false or misleading forensic evidence, official misconduct, mistaken witness identification, and perjury or false accusations. The following study examines how media frames these contributing factors of wrongful convictions using Loseke's social constructionist framework, which is useful for deconstructing the issue’s diagnostic, motivational and prognostic frames -- that is, how media consumers assess the causes, solutions, and the reasons to ...


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz May 2018

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

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

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice May 2018

A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice

U.S. Department of Justice Publications and Materials

The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review of various actions by the Federal Bureau of Investigation (FBI) and Department in connection with the investigation into the use of a private email server by former Secretary of State Hillary Clinton. Clinton served as Secretary of State from January 21, 2009, until February 1, 2013, and during that time used private email servers hosting the @clintonemail.com domain to conduct official Department of State (State Department) business. In 2014, in response to a request from the State Department to Clinton for “copies of any Federal ...


Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell May 2018

Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell

Georgia State University Law Review

The well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.

The construction of African-American men as symbolic assailants is one of the most important factors ...


The School To Deportation Pipeline, Laila L. Hlass May 2018

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves ...


Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School Of Law May 2018

Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Transcending Through Education: Noah Kilroy, Rwu Class Of 2013 5-2018, Roger Williams University School Of Law May 2018

Transcending Through Education: Noah Kilroy, Rwu Class Of 2013 5-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing May 2018

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones May 2018

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones

Nevada Law Journal

No abstract provided.


Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre May 2018

Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre

Nevada Law Journal

No abstract provided.


Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner Apr 2018

Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner

Honors Projects

This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18 ...


Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough Apr 2018

Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough

Honors Projects

“To protect our kids, we’ve given law enforcement new tools to fight human trafficking (Brett Guthrie).” Though Brett’s hopeful sentiment portrays a police force that is ready to battle the epidemic of modern day slavery, research has shown that local officers are sorely uneducated on the subject. The main focus of this paper is the link between the prevalence of human trafficking in the U.S. and the lack of local law enforcement training on the issue. The first section will be a brief overview of human trafficking, defining and discussing a few relevant details about it first ...


Correcting Correctional Suicide: Qualified Immunity And The Hurdles To Comprehensive Inmate Suicide Prevention, Venus Chui Apr 2018

Correcting Correctional Suicide: Qualified Immunity And The Hurdles To Comprehensive Inmate Suicide Prevention, Venus Chui

Boston College Law Review

Suicide is the leading cause of death in U.S. jails, and the second leading cause of death in U.S. prisons. Suicidal behavior among inmates largely stems from the custodial environment and inmates’ difficulties coping with incarceration. Unfortunately, many correctional facilities lack the comprehensive suicide prevention policies necessary to reduce inmate suicides. Under the qualified immunity doctrine, current law also shields correctional authorities from liability for failure to implement adequate suicide prevention programs in their facilities. As a result, corrections officials lack incentive to enhance their efforts toward reducing inmate suicides, and families of inmate suicide victims have limited ...


Legal Limbo: The Fifth Circuit's Decision In Turner V. Driver Fails To Clarify The Contours Of The Public's First Amendment Right To Record The Police, Stephanie Johnson Apr 2018

Legal Limbo: The Fifth Circuit's Decision In Turner V. Driver Fails To Clarify The Contours Of The Public's First Amendment Right To Record The Police, Stephanie Johnson

Boston College Law Review

On February 16, 2017, the U.S. Court of Appeals for the Fifth Circuit, in Turner v. Driver, held that the public has a First Amendment right to record the police that is subject only to reasonable time, place, and manner restrictions. Although Turner established that the public has a First Amendment right to film the police, the decision skirted the question of whether the particular conduct in Turner—video recording police activity and/or video recording the police station—was an activity protected by the First Amendment. This Comment argues that the Fifth Circuit erred in not clarifying the ...


Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti Apr 2018

Cementing Good Law By Tolerating Bad Outcomes: Examining The Eighth Circuit's Commitment To Upholding The Defense Of Qualified Immunity For Prison Officials In Kulkay V. Roy, Peter Diliberti

Boston College Law Review

On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit decided Kulkay v. Roy and affirmed the U.S. District Court for the District of Minnesota’s dismissal of plaintiff’s civil rights claims under the Eighth and Fourteenth Amendments. The plaintiff, a former inmate at a Minnesota correctional facility, sued the correctional facility and related officials for failing to install safety features on a piece of machinery and not providing him with adequate usage training after he suffered damage to his hand while operating the beam saw. The district court held that the plaintiff inmate ...


Police Lineups And Eyewitness Identification, Alessandra Ricigliano Apr 2018

Police Lineups And Eyewitness Identification, Alessandra Ricigliano

Honors Senior Capstone Projects

Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous ...


Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin Apr 2018

Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin

Michigan Law Review

A review of John F. Pfaff, Locked In: The True Causes of Mass Incarceration - And How to Achieve Real Reform.


A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong Apr 2018

A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong

Boston College Law School Faculty Papers

There is no doubt that the law of rape is in need of reform. Compared to other crimes, reported rapes are convicted at 1/3 the rate of robberies and 1/6 the rate of assaults. Because knowing the identity of an assailant should lead to more, not fewer, convictions, this low conviction rate then is surprising given that acquaintance rapes—where the attacker is known to the victim—account for 80% of all rapes. Criminal law serves a vital purpose when it can clearly define criminal conduct and separate it from lawful activity. To effectively draw this line, criminal ...


Getting It Righted: Access To Counsel In Rapid Removals, Kari E. Hong, Stephen Manning Apr 2018

Getting It Righted: Access To Counsel In Rapid Removals, Kari E. Hong, Stephen Manning

Boston College Law School Faculty Papers

Rapid removals — the catchall phrase for expedited removal, reinstatement of removal, and administrative orders — have been devastatingly efficient, accounting for 76 percent of all removals that have occurred in the past 20 years. That means that 4.2 million people have been ordered out of the country without a hearing, without a judge, without an appeal, and without an attorney. In 2014, President Obama made a political calculus to push asylum seekers, mostly mothers with their children fleeing from Central America, out of the country within 10 to 15 days to deter others from seeking protection in the United States ...


Policing, Technology, And Doctrinal Assists, Bennett Capers Mar 2018

Policing, Technology, And Doctrinal Assists, Bennett Capers

Florida Law Review

Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and do—and the government has access to them.” The message is clear. Big Brother is watching. And we should be afraid.

But the police use of technology, or what this Article terms “techno-policing,” does not have to be dystopian. This Article challenges conventional thinking and ...


Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott Mar 2018

Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott

Boston College Law Review

On June 6, 2017, in Lowry v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit sitting en banc upheld a district court’s grant of summary judgment, dismissing a claim under 42 U.S.C. § 1983 for use of excessive force in violation of the Fourth Amendment to the U.S. Constitution, in the context of “bite and hold” training for police dogs. This Comment argues that although the use of force in Lowry may have been reasonable, the court was incorrect in deciding this question as a matter of law. The fact-intensive objective ...


If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch Mar 2018

If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch

Boston College Law Review

In United States v. Dahda, the U.S. Court of Appeals for the Tenth Circuit held that, under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (“Title III”), the lower court properly denied Dahda’s motion to suppress evidence gathered by law enforcement using a mobile interception device—a device that wiretaps cell phones. A key part of the decision focused on the definition of mobile interception devices. The Tenth Circuit defined them as devices used to intercept communications that are movable. The Seventh Circuit, in contrast, has defined mobile interception devices as devices used ...


The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii Mar 2018

The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii

R. Michael Cassidy

According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward about police ...