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
-
- Criminal Law (30)
- Social and Behavioral Sciences (19)
- Criminal Procedure (16)
- Criminology and Criminal Justice (15)
- Law and Society (15)
-
- Legal Studies (15)
- Civil Rights and Discrimination (12)
- Constitutional Law (11)
- Public Affairs, Public Policy and Public Administration (10)
- Law and Race (9)
- Sociology (9)
- Legislation (8)
- Public Law and Legal Theory (8)
- Law and Psychology (7)
- Courts (6)
- American Politics (4)
- Arts and Humanities (4)
- Criminology (4)
- Disability Law (4)
- Health Law and Policy (4)
- Juvenile Law (4)
- Law and Politics (4)
- Legal History (4)
- Political Science (4)
- Privacy Law (4)
- Public Administration (4)
- Social Control, Law, Crime, and Deviance (4)
- Domestic and Intimate Partner Violence (3)
- Institution
-
- University of Pennsylvania Carey Law School (11)
- University of Michigan Law School (6)
- Columbia Law School (5)
- Loyola University Chicago, School of Law (4)
- Schulich School of Law, Dalhousie University (4)
-
- Otterbein University (3)
- University of Nebraska - Lincoln (3)
- American University Washington College of Law (2)
- La Salle University (2)
- New York Law School (2)
- Vanderbilt University Law School (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- California Western School of Law (1)
- Cornell University Law School (1)
- Edith Cowan University (1)
- Florida State University College of Law (1)
- Georgia State University College of Law (1)
- Golden Gate University School of Law (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- Minnesota State University, Mankato (1)
- Old Dominion University (1)
- Pace University (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- SJ Quinney College of Law, University of Utah (1)
- Saint Louis University School of Law (1)
- Singapore Management University (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- Keyword
-
- Police (11)
- Law enforcement (9)
- Policing (9)
- Criminal justice (8)
- Recidivism (6)
-
- Crime (5)
- Criminal law (5)
- Punishment (5)
- Criminal procedure (4)
- Police misconduct (4)
- Prosecutors (4)
- Race (4)
- Sentencing (4)
- Bail (3)
- Children (3)
- Civil rights (3)
- Incarceration (3)
- Older Prisoners (3)
- Prisoners (3)
- Prisons (3)
- Race and law (3)
- SSRN (3)
- Black lives matter (2)
- CCRA (2)
- Compassionate Release (2)
- Constitutional law (2)
- Crimes (2)
- Criminal Law (2)
- Domestic violence (2)
- Donald Trump (2)
- Publication
-
- All Faculty Scholarship (13)
- Faculty Scholarship (8)
- Articles (6)
- Articles, Book Chapters, & Popular Press (4)
- Faculty Publications & Other Works (4)
-
- Otterbein Police Department (3)
- Articles & Chapters (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Center on Children, Families, and the Law: Faculty Publications (2)
- Popular Media (2)
- Publications (2)
- Undergraduate Research (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- Cornell Law Library Prize for Exemplary Student Research Papers (1)
- Criminal Justice Department Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- English Faculty Publications (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Independent Study Project (ISP) Collection (1)
- Law Faculty Research Publications (1)
- Law Student Publications (1)
- Masters Theses (1)
- Other Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Research outputs 2014 to 2021 (1)
Articles 1 - 30 of 75
Full-Text Articles in Law Enforcement and Corrections
How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad
How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad
Articles
Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity and the “social value of labor” with an expansive interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors …
Cardinal Safety Newsletter - December 2017, Otterbein University
Cardinal Safety Newsletter - December 2017, Otterbein University
Otterbein Police Department
No abstract provided.
Prisoners With Disabilities, Margo Schlanger
Prisoners With Disabilities, Margo Schlanger
Book Chapters
A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies …
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
UF Law Faculty Publications
Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when the police …
Safety & Risk Management New, Tara Chinn
Safety & Risk Management New, Tara Chinn
Otterbein Police Department
No abstract provided.
Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed
Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed
English Faculty Publications
No abstract provided.
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Articles
Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under …
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson
Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.
This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are …
Life's Hurried Tangled Road: A Therapeutic Jurisprudence Analysis Of Why Dedicated Counsel Must Be Assigned To Represent Persons With Mental Disabilities In Community Settings, Alison Lynch, Michael L. Perlin
Life's Hurried Tangled Road: A Therapeutic Jurisprudence Analysis Of Why Dedicated Counsel Must Be Assigned To Represent Persons With Mental Disabilities In Community Settings, Alison Lynch, Michael L. Perlin
Articles & Chapters
This paper will be published as part of a symposium issue of Behavioral Sciences and Law.
Although counsel is now assigned in all jurisdictions to provide legal representation to persons facing involuntary civil commitment, such counsel is rarely available to persons with mental disabilities in other settings outside the hospital. In this paper, we strongly urge that such representation also be made available to this population in community settings. The scope of this representation must include any involvement with the criminal justice system that currently does not fall within the scope of indigent counsel assignment decisions such as Gideon v. …
Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun
Independent Study Project (ISP) Collection
After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration. From interviewing genocide …
Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley
Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley
Masters Theses
Mental illness is a prevalent issue and many times individuals diagnosed with a mental illness are repeat offenders within the criminal justice system; therefore, it is important to understand the problems at hand and find ways to handle the problems, or best yet take preventative measures to stop the problems from ever occurring. The literature review and interviews show that the criminal justice system seems to be handling mental illness in the best way possible with the current resources that are available to them. However, the literature review and interviews also show that an increase in resources and training on …
Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad
Columbia University And Incarcerated Worker Labor Unions Under The National Labor Relations Act, Kara Goad
Cornell Law Library Prize for Exemplary Student Research Papers
Kara Goad’s research examines the forms and terms of labor that incarcerated workers perform in American prisons, seeking to demonstrate that labor law could provide potential remedies for work-related grievances.
Goad’s research includes traditional statutory and case law analysis along with examinations of prison statistics, National Labor Relations Board (NLRB) decisions and other administrative law materials relating to prisons and labor law. She uses her findings lay out a path for incarcerated workers to potentially unionize under the National Labor Relations Act (NLRA).
Proportionality Skepticism In A Red State, Lauren Sudeall
Proportionality Skepticism In A Red State, Lauren Sudeall
Vanderbilt Law School Faculty Publications
As someone who lives in a red state and has practiced capital defense in Georgia and Alabama, my view for some time has been that the death penalty is not going anywhere any time soon. And while the dominant message from legal experts and commentators in recent years has been that the death penalty is on the decline,' the results of this past election might suggest otherwise. The three referenda regarding capital punishment on the 2016 ballot - in California, Nebraska, and Oklahoma - were all resolved in favor of the death penalty. These votes could be taken to signal …
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
Articles
Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …
Resurrecting Miranda's Right To Counsel, David Rossman
Resurrecting Miranda's Right To Counsel, David Rossman
Faculty Scholarship
The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:
1. Police would give the same Miranda warnings that they …
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
Articles
This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.
Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman
Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman
All Faculty Scholarship
Norma Levy Shapiro, a trailblazing United States District Court Judge whose tenure on the Philadelphia federal bench spanned nearly 40 years, died July 22, 2016. This memoriam, written by two former law clerks, reflects fondly on Judge Shapiro’s judicial courage to follow her conscience even when doing so required making deeply unpopular decisions. To illustrate, this memoriam examines three of Judge Shapiro’s most memorable cases from her notable prisoner litigation docket.
First, in Harris v. Pernsley, Judge Shapiro’s principled but polarizing decisions in the Philadelphia prison overcrowding litigation elicited a now-familiar brand of snark from one (tremendous! but imperfectly …
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Center on Children, Families, and the Law: Faculty Publications
The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …
Aftermath Of An Officer Involved Shooting: Formal Education, Continuing Education, And Responsibility, Pat Nelson, Thor Dahle, Colleen Clarke, Tamara Wilkins, Susan Burum, Bruce Biggs
Aftermath Of An Officer Involved Shooting: Formal Education, Continuing Education, And Responsibility, Pat Nelson, Thor Dahle, Colleen Clarke, Tamara Wilkins, Susan Burum, Bruce Biggs
Criminal Justice Department Publications
This is a policy review presentation that shows there are areas for improvement and recommendations to implement in the professional and academic sides of law enforcement using the lens of a current officer involved shooting that generated a lot of publicity. The recommendations would require a partnership between formal education providers, continuing education providers and practitioners.
The Effects Of Mental Health Treatment In Correctional Facilities, Victoria Ziemek
The Effects Of Mental Health Treatment In Correctional Facilities, Victoria Ziemek
Undergraduate Research
The purpose of this study is to investigate the effect of mental healthcare in the criminal justice system on post-release recidivism of people with serious mental illness (PSMI). It can be noted that mental illness is not the cause of criminal behavior, but there is a significant negative relationship between mental health services available while incarcerated and successful community reentry. A review of previous research on this topic was used to develop the hypotheses and questions tested in this study. The review provides evidence that PSMI who have been involved with more community based outpatient services have been more susceptible …
Sexual Assault On College Campuses: An Epidemic And An Alternative Approach, Mark N. Devone
Sexual Assault On College Campuses: An Epidemic And An Alternative Approach, Mark N. Devone
Undergraduate Research
Sexual assault is a major problem that is occurring at staggering rates on college campuses nationwide. Sexual Assault on College Campuses: An Epidemic and An Alternative Approach takes an in depth look at the problem at hand and discusses how the current ways of handling sexual assault cases and their faults. An alternative approach is introduced as a possible way to help fix the current sexual assault problem. The approach is Restorative Justice, which focuses on the rehabilitation of the offender and the healing of the victim through reconciliation techniques that include the victim, offender, and the community.
Gateway Crimes, Murat C. Mungan
Gateway Crimes, Murat C. Mungan
Faculty Scholarship
Many who argue against the legalization of marijuana suggest that while its consumption may not be very harmful, marijuana indirectly causes significant social harm by acting as a “gateway drug,” a drug whose consumption facilitates the use of other, more harmful drugs. This Article presents a theory of “gateway crimes,” which, perhaps counterintuitively, implies that there are social gains to decriminalizing offenses that cause minor harms, including marijuana-related offenses. A typical gateway crime is an act which is punished lightly, but because it is designated as a crime, being convicted for committing it leads one to be severely stigmatized. People …
An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt, Lauren Sudeall
An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt, Lauren Sudeall
Vanderbilt Law School Faculty Publications
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants to prove …
Pretrial Detention And Bail, Megan Stevenson, Sandra G. Mayson
Pretrial Detention And Bail, Megan Stevenson, Sandra G. Mayson
All Faculty Scholarship
Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who …
Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens
Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens
Other Publications
African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the largest numbers …
The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen
Research Collection Yong Pung How School Of Law
In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the …
The Future Of Police Reform Under The Trump Administration, Kami N. Chavis
The Future Of Police Reform Under The Trump Administration, Kami N. Chavis
Popular Media
No abstract provided.
The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.
The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.
Popular Media
In this Article, Professor Wilkes updates his research on police tasering by surveying the fatal taserings by police officers that occurred in 2016.
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
All Faculty Scholarship
The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?
A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …