Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Montclair State University (3)
- University of Missouri-Kansas City School of Law (3)
- American University Washington College of Law (2)
- Schulich School of Law, Dalhousie University (2)
- St. Mary's University (2)
-
- University of Pennsylvania Carey Law School (2)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- Duke Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Liberty University (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Seattle University School of Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Nebraska - Lincoln (1)
- University of Pittsburgh School of Law (1)
- Keyword
-
- Ethics (3)
- Criminal Law (2)
- Criminal law (2)
- Judges (2)
- Law Enforcement (2)
-
- Regulation (2)
- Sentencing (2)
- AI (1)
- Abbe Smith (1)
- Abolitionism (1)
- Accountability (1)
- Accountability of lawyers (1)
- Administration of justice (1)
- Administrative State (1)
- Appointment (1)
- Artificial intelligence (1)
- Bioethics (1)
- Biography (1)
- Black girlhood (1)
- Blame (1)
- Book review (1)
- Brady (1)
- COMPAS (1)
- Capital penalty (1)
- Capital punishment (1)
- Carceral (1)
- Cash (1)
- Character (1)
- Civil asset forfeiture (1)
- Civil forfeiture disputes (1)
- Publication Year
- Publication
-
- Faculty Scholarship (3)
- Faculty Works (3)
- All Faculty Scholarship (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Articles, Book Chapters, & Popular Press (2)
-
- Department of Justice Studies Faculty Scholarship and Creative Works (2)
- Faculty Articles (2)
- Articles (1)
- Articles & Chapters (1)
- Cornell Law Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Publications (1)
- Publications from President Jonathan G.S. Koppell (1)
- Scholarly Works (1)
- Seattle University Law Review SUpra (1)
- Senior Honors Theses (1)
- United States Department of Justice: Publications and Materials (1)
Articles 1 - 28 of 28
Full-Text Articles in Law Enforcement and Corrections
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Articles
During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Senior Honors Theses
This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The disciplining of judges is a sensitive and complex challenge. In Nigeria, the complexity is heightened because the process is complicated by socio-political factors and public views about the motivations for disciplining some judges, including claims of political interference by the ruling government. This Chapter argues that both judicial discipline and the work of the National Judicial Council (NJC) – the body responsible for judicial regulation in Nigeria – are caught up within Nigeria’s peculiar socio-politics, a reality that a strictly legal analysis will miss. The Chapter analyzes contemporary challenges and controversies associated with the complaints and discipline procedure in …
Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss
Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss
Seattle University Law Review SUpra
At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.
In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson
Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson
Faculty Works
A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien
Faculty Scholarship
Many scholars and others have, for some time now, been calling attention to the alarming growth in post-employment and other benefits for unionized employees in the public sector. 17 A fairly well-understood phenomenon is thought to explain the inability of state and local governments to resist outsized demands from their public unions. As 18 Is and others 19 have argued, the central problem with public sector unions is that they find it easy to capture their employers (taxpayers) in ways that private sector unions cannot. The role played by often eager and feckless elected officials in this process has also …
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?", In The Age Of Krasner And Sessions, Rebecca Roiphe
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?", In The Age Of Krasner And Sessions, Rebecca Roiphe
Articles & Chapters
No abstract provided.
“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin
“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin
All Faculty Scholarship
In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions of …
Resolving Civil Forfeiture Disputes, Rishi Batra
Resolving Civil Forfeiture Disputes, Rishi Batra
Faculty Articles
Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Aaron Swartz’S Fbi Files
United States Department of Justice: Publications and Materials
Aaron Hillel Swartz (November 8, 1986 – January 11, 2013) was an American computer programmer, writer, political organizer and Internet Hacktivist.
Swartz was involved in the development of the web feed format RSS, the organization Creative Commons, the website framework web.py and the social news site, Reddit, in which he became a partner after its merger with his company, Infogami. Swartz's later work focused on sociology, civic awareness and activism.
He helped launch the Progressive Change Campaign Committee in 2009 to learn more about effective online activism. In 2010 he became a research fellow at Harvard University's Safra Research Lab …
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Faculty Works
A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler
Blaming As A Social Process: The Influence Of Character And Moral Emotion On Blame, Janice Nadler
Faculty Working Papers
For the most part, the law eschews the role of moral character in legal blame. But when we observe an actor who causes harm, legal and psychological blame processes are in tension. Procedures for legal blame assume an assessment of the actor's mental state, and ultimately of responsibility, that is independent of the moral character of the actor. In this paper, I present experimental evidence to suggest that perceptions of intent, foreseeability, and possibly causation can be colored by independent reasons for thinking the actor is a bad person, and are mediated by the experience of negative moral emotion. Our …
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
Compared with other litigants, pro se prisoners are at an inherent disadvan-tage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Faculty Publications By Year
The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …
Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin
Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Until the early 1970's, approximately 90% of all pharmaceutical research was conducted on prisoners, who were also subjected to biochemical research, including studies involving dioxin and chemical warfare agents. By the mid-1970's, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the protection of Human Subjects of Biomedical Research was formed. Federal regulations to protect human subjects of research were established in 1974. Special protections for prisoners were added in 1978, severely limiting research involving prisoners. However, the US correctional system has undergone major changes since the adoption …
Finding Redemption: How Picking Up The Phone Can Change A Lawyer's Life, Sean O'Brien
Finding Redemption: How Picking Up The Phone Can Change A Lawyer's Life, Sean O'Brien
Faculty Works
The winner of the 2006 ABA Ross Essay Contest debated with himself whether to take a phone call from a death row inmate scheduled to be executed in 9 hours who turned out to be calling to request help for other prisoners. "As I hung up the phone, I experienced a profound awareness that no matter what each of us had previously done in our lives, at that moment Doyle Williams was a better human being than I. If a death row inmate can find redemption, maybe a lawyer can too."
Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie
Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie
Articles, Book Chapters, & Popular Press
A recent position statement by the Ontario Medical Association’s Section on Emergency Medicine called on the Ontario government to pass a law requiring physicians to report gunshot wounds to police. The Ontario government quickly passed a motion to “introduce legislation to require hospitals and physicians to report gunshot wounds and knife injuries to their local police service.” The goals behind the position statement are laudable: “to assess and reduce immediate public risk and to collect data to inform future prevention strategies.” However, mandating that physicians report gunshot wounds is an ill-conceived response to the problem of gun-related violence. It will …
Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel
Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas
Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell
Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell
Publications from President Jonathan G.S. Koppell
Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …
Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman
Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman
Faculty Scholarship
No abstract provided.
The Judge, Marianne Wesson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
Scholarly Works
Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …