Open Access. Powered by Scholars. Published by Universities.®
![Digital Commons Network](http://assets.bepress.com/20200205/img/dcn/DCsunburst.png)
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
-
- Police (2)
- Prisoners (2)
- Punishment (2)
- United States Supreme Court (2)
- Bell v. Wolfish (1)
-
- Calder v. Bull (1)
- California Department of Corrections v. Morales (1)
- Case studies (1)
- Cell Phone Videos of the Police (1)
- Constitution (1)
- Constitutional interpretation (1)
- Constitutional law (1)
- Convictions (1)
- Correctional officers (1)
- Criminal law & procedure (1)
- Due Process Clause (1)
- Eighth Amendment (1)
- Empirical legal studies (1)
- Enforcement (1)
- Ex Post Facto Clause (1)
- Exonerations (1)
- Fifth Amendment (1)
- Fourth Amendment (1)
- Garner v. Jones (1)
- Guilty pleas (1)
- Judicial interpretation (1)
- Kingsley v. Hendrickson (1)
- Lindsay v. Washington (1)
- Misdemeanors (1)
- Nondisclosure of Police Body Camera Videos (1)
Articles 1 - 5 of 5
Full-Text Articles in Law Enforcement and Corrections
Wrong Turn On The Ex Post Facto Clause, Paul D. Reingold, Kimberly Thomas
Wrong Turn On The Ex Post Facto Clause, Paul D. Reingold, Kimberly Thomas
Articles
The Ex Post Facto Clause bars any increase in punishment after the commission of a crime. But deciding what constitutes an increase in punishment can be tricky. At the front end of a criminal case, where new or amended criminal laws might lengthen prisoners’ sentences if applied retroactively, courts have routinely struck down such changes under the Ex Post Facto Clause. At the back end, however, where new or amended parole laws or policies might lengthen prisoners’ sentences in exactly the same way if applied retroactively, courts have used a different standard and upheld the changes under the Ex Post …
Errors In Misdemeanor Adjudication, Samuel R. Gross
Errors In Misdemeanor Adjudication, Samuel R. Gross
Articles
Millions of defendants are convicted of misdemeanors in the United States each year but almost none obtain exonerations, primarily because ordinarily exoneration is far too costly and time consuming to pursue for anything less than years of imprisonment. The National Registry of Exonerations lists all known exonerations in the United States since 1989 — 2,145 cases, as of the end of 2017; only 85 are misdemeanors, 4%. In all but one of these misdemeanor exonerations the defendants were convicted of crimes that never happened; by comparison, more than three-quarters of felony exonerees were convicted of actual crimes that other people …
Democratizing Proof: Pooling Public And Police Body-Camera Videos, Mary D. Fan
Democratizing Proof: Pooling Public And Police Body-Camera Videos, Mary D. Fan
Articles
There are two cultural revolutions in recording the police. From the vantage of police departments, there is the rapidly spreading uptake of police-worn body cameras. On the public side, community members are increasingly using their cell phone cameras to record the police. Together, these dual recording revolutions are generating important new questions and possibilities regarding the balance of power in producing proof and illuminating contested encounters. This Essay is about how pooling police body camera and public videos can address three emerging challenges in the police recording revolution. The first challenge is the controversy over failures to record contested encounters …
The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger
The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger
Articles
On any given day, about 2.2 million people are confined in U.S. jails and prisons—nearly 0.9% of American men are in prison, and another 0.4% are in jail. This year, 9 or 10 million people will spend time in our prisons and jails; about 5000 of them will die there. A decade into a frustratingly gradual decline in incarceration numbers, the statistics have grown familiar: We have 4.4% of the world’s population but over 20% of its prisoners. Our incarceration rate is 57% higher than Russia’s (our closest major country rival in imprisonment), nearly four times the rate in England, …
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David A. Harris, David Rudovsky
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David A. Harris, David Rudovsky
Articles
The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power of …