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Full-Text Articles in Law Enforcement and Corrections

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass Dec 2021

Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass

Electronic Theses and Dissertations

There are numerous types of reentry programs available to inmates to help avoid the cycle of recidivism. There is little research on the impacts of reentry programs in jail populations. This current study sought to provide more research in this area by evaluating a local jail reentry program’s effect on recidivism. A quasi-experimental design was used to estimate the program’s effectiveness by comparing the recidivism statistics of inmates that have participated in the reentry program to a control group of inmates that did not. Inmates in the control group were matched according to their gender, age, race, and ...


Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver Nov 2021

Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver

ProAcademy

In the article, the author highlights the lack of effective law enforcement in the field of combating transnational financial crimes as an existing problem in this area. This conclusion was made based on an analysis of the views and opinions of representatives of legal science and practitioners in this field, as well as the reporting documents of mutual assessments for compliance with international standards of Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) systems of the participating states of the Financial Action Task Force on Money Laundering (FATF). The author, dividing the ways of improving the effectiveness of the ...


On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun Nov 2021

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the ...


Habeas Corpus Unbound, Sheila Wildeman Nov 2021

Habeas Corpus Unbound, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin ...


Compelling Compassion: Navigating Federal Compassionate Release After The First Step Act, John F. Ferraro Oct 2021

Compelling Compassion: Navigating Federal Compassionate Release After The First Step Act, John F. Ferraro

Boston College Law Review

Prior to the First Step Act, compassionate release was rarely utilized in the federal criminal justice system. Upon the Act’s passage, the federal judiciary took a more significant role in assessing motions for compassionate release. The number of motions for compassionate release swelled as the COVID-19 pandemic became a major public health crisis in the United States, especially in prisons. Many, but not all, federal district courts departed from prior administrative guidelines that were not consistent with the statutory language of the First Step Act. These differing levels of discretion have created an inconsistent patchwork of case law across ...


Criminal Law’S Core Principles, Paul H. Robinson Oct 2021

Criminal Law’S Core Principles, Paul H. Robinson

Faculty Scholarship at Penn Law

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles ...


Corruption And Its Manifestations In The Field Of Public Education At The Present Stage Of Development Of The Republic Of Uzbekistan, Abdullayeva Malikabonu Erkin Qizi Oct 2021

Corruption And Its Manifestations In The Field Of Public Education At The Present Stage Of Development Of The Republic Of Uzbekistan, Abdullayeva Malikabonu Erkin Qizi

ProAcademy

The article deals with the concept and signs of corruption in national and international legislation. Based on the analysis of legal definitions of the concept of corruption, lists of acts of corruption in conjunction with the provisions of the most significant international legal acts that laid the foundations for understanding corruption, an attempt is made to determine the list and content of essential features of this social and legal phenomenon. As significant signs of corruption, the author singled out: social harm (danger), sphere of existence, subject of corruption, subjects, use by the subject of corruption of official (official) powers or ...


Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita Oct 2021

Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita

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

Abstract forthcoming.


"Send Freedom House!": A Study In Police Abolition, Tiffany Yang Oct 2021

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian ...


The Missing Algorithm: Safeguarding Brady Against The Rise Of Trade Secrecy In Policing, Deborah Won Oct 2021

The Missing Algorithm: Safeguarding Brady Against The Rise Of Trade Secrecy In Policing, Deborah Won

Michigan Law Review

Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been ...


Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder Oct 2021

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities ...


Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow Oct 2021

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond ...


The Challenge Of Deterring Bad Police Behavior: Implementing Reforms That Hold Police Accountable, Robert M. Bloom, Nina Labovich Sep 2021

The Challenge Of Deterring Bad Police Behavior: Implementing Reforms That Hold Police Accountable, Robert M. Bloom, Nina Labovich

Boston College Law School Faculty Papers

Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary, however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines broadcast the deaths of Black Americans at the hands of the police – why has nothing changed? This Article argues that meaningful reform requires trust in U.S. law enforcement, which can only be achieved by holding police accountable and deterring misconduct. To do ...


Towards A Governance Model Of Ungovernable Prisons: How Recognition Of Inmate Organizations, Dialogue, And Mutual Respect Can Transform Violent Prisons In Latin America, José Luis Pérez Guadalupe, James Cavallaro, Lucia Nuñovero Sep 2021

Towards A Governance Model Of Ungovernable Prisons: How Recognition Of Inmate Organizations, Dialogue, And Mutual Respect Can Transform Violent Prisons In Latin America, José Luis Pérez Guadalupe, James Cavallaro, Lucia Nuñovero

Catholic University Law Review

Study of informal organizations in prisons in Latin America focuses on the exercise of control over daily life inside detention centers, including the extreme example of ‘self-government’ of and by those incarcerated. In Latin America, self-government occurs in the dangerous context of severe overcrowding, limited resources and poor services, aggravated by high levels of violence and illicit markets within prisons. The combination is highly volatile and poses grave dangers to the lives and wellbeing of detainees, authorities and often the larger society beyond prisons. This article considers one pioneering effort to overcome the unfettered control of prison by detainees: the ...


Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors, Musaev Djamaliddin Kamalovich Sep 2021

Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors, Musaev Djamaliddin Kamalovich

ProAcademy

The author raises the problem of international cooperation of states in the field of illicit trafficking in narcotic drugs and psychotropic substances. References are given to the main conventions related to this problem, signed in different years. The mechanisms of adoption and the form of practical application of these conventions are disclosed, as well as an analysis of the situation in the world in relation to drug trafficking is given, options for resolving the problem by strengthening the international system for controlling drug trafficking are proposed. A comprehensive analysis of international cooperation on legal and organizational approaches to combating the ...


Police Use Of Force Laws In Texas, Gerald S. Reamey Sep 2021

Police Use Of Force Laws In Texas, Gerald S. Reamey

St. Mary's Law Journal

Abstract forthcoming.


A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas Sep 2021

A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California ...


2021 Annual Campus Security And Fire Safety Report, Otterbein Police Department Sep 2021

2021 Annual Campus Security And Fire Safety Report, Otterbein Police Department

Otterbein Police Department

2021 Annual Campus Security and Fire Safety Report from the Otterbein Police Department. The crime and arrest statistics compiled by OPD are from calendar years 2018, 2019, and 2020.


Death By Police: When “Protecting And Serving” Goes Wrong, Hesper Mallis Aug 2021

Death By Police: When “Protecting And Serving” Goes Wrong, Hesper Mallis

Symposium of Student Scholars

The recent cases of law enforcement using lethal force in the United States have gained massive public attention. My dataset is from the Mapping Police Violence website. The website’s focus was to create a heat map to display where police killings occurred most frequently. The website has a dataset with information on 7,664 deaths of suspects. The variables in the dataset include age, sex and race of the suspect; geographic location; alleged threat level; alleged weapon; cause of death; and criminal charges against the officer. In addition, the variables include whether the individual had a mental illness, was ...


Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr. Aug 2021

Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

The Las Vegas Metropolitan Police Department’s (LVMPD) annual budget increased every fiscal year (FY) from 2018 to 2021. Using data provided by the LVMPD’s final budget reports for FY 2018 to 2021, this Fact Sheet details LVMPD funding increases and summarizes budget expenditures by unit and area command.


Police Officer Years Of Service: Does It Play A Role In Officer Displays Of Empathy?, Rachel Jeffries Aug 2021

Police Officer Years Of Service: Does It Play A Role In Officer Displays Of Empathy?, Rachel Jeffries

Boise State University Theses and Dissertations

In the 2019 National Crime Victimization Survey, only 52.2% of domestic violence (DV) incidents were reported to the police (Morgan & Truman, 2020). With significantly low reporting rates, policing agencies may be asking themselves what they can do to encourage victims of DV to come forward and report their victimizations. Research on DV victims’ perceptions of police response suggests that, when police provide empathy-like responses to victims of DV, there are numerous benefits for the victim and the policing agency (Birdsey & Snowball, 2013; Johnson, 2007; Stephens & Sinden, 2000). Thus, empathy could be a central component to improving reporting rates of DV and victim relations with police. Unfortunately, however, there is little research assessing what increases an officer’s likelihood in displaying empathy.

Using Michael Lipsky’s (2010) theory on street-level bureaucracy, it was hypothesized that officers with fewer years of service would engage in more displays of empathy. Through a secondary data analysis of 200 DV police reports (Growette Bostaph et al ...


Linguistic Estoppel: A Custodial Interrogation Subject’S Reliance On Traditional Language Customs When Facing Unknown Expectations For Legally Efficacious Speech, Taylor J. Smith Aug 2021

Linguistic Estoppel: A Custodial Interrogation Subject’S Reliance On Traditional Language Customs When Facing Unknown Expectations For Legally Efficacious Speech, Taylor J. Smith

BYU Law Review

For various reasons, speakers often communicate indirectly, hiding their words’ true meaning beneath an apparent surface meaning. For example, a woman trying to brush off her co-worker’s date invitation might respond, “I have to prepare for a presentation tomorrow.” While the words’ surface meaning doesn’t relate to the date invitation, the hearer usually understands the underlying message—that is to say, the words’ function differs from their form. However, because the law’s language ideology requires directness and surface-level meaning, lay-speaking interrogation subjects often have difficulty effectively invoking their Miranda rights. Because the legal system’s search for ...


Investing In Alternatives: Three Logics Of Criminal System Replacement, Monica C. Bell, Katherine Beckett, Forrest Stuart Aug 2021

Investing In Alternatives: Three Logics Of Criminal System Replacement, Monica C. Bell, Katherine Beckett, Forrest Stuart

UC Irvine Law Review

What logics underlie the call to “defund the police,” and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement’s call to “defund the police” captured the national imagination. Several municipal governments promised to cut funding and contracts for their respective police departments, with mixed results. Because we expect police defunding and reinvestment to remain a central movement demand, this Article explores the demand’s discursive and normative terrain. It does ...


Suspicion And Discretion In Policing: How Laws And Policies Contribute To Inequity, Amanda Charbonneau, Jack Glaser Aug 2021

Suspicion And Discretion In Policing: How Laws And Policies Contribute To Inequity, Amanda Charbonneau, Jack Glaser

UC Irvine Law Review

No abstract provided.


State Regulation Of Policing: Post Commissions And Police Accountability, Hilary Rau, Kim S. Buchanan, Monique L. Dixon, Phillip A. Goff Aug 2021

State Regulation Of Policing: Post Commissions And Police Accountability, Hilary Rau, Kim S. Buchanan, Monique L. Dixon, Phillip A. Goff

UC Irvine Law Review

This Article examines the untapped potential of Peace Officer Standards and Training (POST) commissions to protect communities that experience police misconduct and discrimination. POST commissions, which are created by state laws and exist in all fifty states, have broad authority to regulate police officers and police departments. POST commissions determine eligibility and qualifications for police employment and regulate the content of training officers receive. Most POST commissions can also revoke certification of officers who commit serious misconduct or fail to meet continuing eligibility requirements set by the commissions. In some states, they can also impose statewide, compulsory reforms to policing ...


Reimagining American Policing, Tom Tyler Aug 2021

Reimagining American Policing, Tom Tyler

UC Irvine Law Review

Current efforts at police reform focus on heightening the legal accountability of police officers when they engage in questionable behavior. While valuable, such reforms do not address the underlying problems in police organizations that lead to problems with the use of force. This paper highlights the desirability of shifting from a warrior culture, one built around gaining compliance through the threat or use of force, to a guardian- or service-oriented culture, one focused on gaining acceptance by building trust and confidence among people in the community. Beyond changing the dynamics of authority in police-civilian encounters, this new model of policing ...


Olmstead As A Tool For Decarceration, Sarah Kahn Aug 2021

Olmstead As A Tool For Decarceration, Sarah Kahn

UC Irvine Law Review

Olmstead v. L.C. ex rel. Zimring established that the Americans with Disabilities Act of 1990’s integrated-care mandate requires the government to make reasonable accommodations to protect the right of people with disabilities to live in the most integrated setting possible. In response, counties began releasing people from restrictive mental-health institutions but did not provide the necessary resources, such as supportive housing and outpatient care, to allow people to live successfully in their communities. As many people contending with disabilities were left homeless and the United States increased its reliance on incarceration, shuttered mental-health institutions gave way to jails ...


The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb Jul 2021

The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Law

The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby ...


Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor Jul 2021

Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor

Faculty Scholarship at Penn Law

The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this paper, we canvas the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication ...