Law Enforcement and Corrections Commons^™

"Defunding" The Criminality Of Mental Illness By Funding Specialized Police Training: How Additional Training And Resources For Dealing With Mental Health Will Be Beneficial For All Sides, Margaret Ahern

Journal of Law and Health

The momentous public outcry for police reform is the result of police encounters ending fatally, which is notably sixteen times more likely for individuals suffering from mental illness in the United States. These horrific incidents highlight the systemic failings of traditional police departments training and its failure to provide officers with the necessary skills to de-escalate crisis situations involving the vastly overrepresented mentally ill population involved in the United States justice system. This article demonstrates that effective police training involving crisis intervention and de-escalation techniques equip police officers with knowledge and skills that enable them to contrive more positive outcomes …

Reducing Opioid Related Deaths And Improving Rehabilitation Access Through The Elk Grove Village Cares Program: A Program Evaluation, Rebecca Barron

Doctor of Nursing Practice (DNP) Manuscripts

Abstract The goal of the Elk Grove Village Cares program is to decrease the deaths and overdoses of those who abuse opioids through harm reduction strategies and provide access to treatment. The article is a program evaluation of the Elk Grove Village Cares program. Surveys, interviews and the synthesis of program data is used to evaluate the efficacy of program activities. Results: The rate of death from opioid use has decreased an average of 1.7 deaths since program implementation in 2018. Law enforcement officers (LEO) and the community responded similarly to many survey questions regarding attitudes surrounding addiction. Within the …

Challenging Solitary Confinement Through State Constitutions, Alison Gordon

University of Cincinnati Law Review

Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.

State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the state …

Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey

Arkansas Law Review

It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued the above-quoted clarion call to protect the lives of incarcerated people on May 14, 2020. At that point, the COVID-19 pandemic had brought American society to a standstill for a little more than two months, …

Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene

Dalhousie Law Journal

The importance of preventing outbreaks in prisons during a pandemic, such as COVID-19, cannot be overstated. The risk of the infection spreading rapidly once inside these institutions is much higher than in the community, due to the underlying vulnerabilities of prison populations and the congregated living nature of prisons. This article documents the Nova Scotia provincial prison system’s experience in dealing with COVID-19 during the first wave, including its uniquely swift decarceration efforts. One goal of this investigation is to identify a set of best practices that can help Canadian prisons systems with their short-term responses to crisis in a …

Staff Perceptions On Organizational Change And Its Impact On Occupational Participation In Institutional Settings, Shelby Pearce, Susan Macdermott, Karen Park

Fall 2021 Virtual OTD Capstone Symposium

Background: Organizational change, primarily in institutional settings, is necessary to prevent institutionalization as well as to reach the goals of the organizations. To support these goals, institutional settings, such as correctional facilities, often use restrictive measures including occupational deprivation. As a profession, occupational therapy recognizes the importance of occupational participation for all persons in society, however there is a gap in knowledge on the importance of how to promote and/or educate other entities on successful change management in different institutional settings.

Purpose: The purpose of this study is to understand how organizational culture impacts occupational participation in institutional settings and …

An Occupation-Based Program For Formerly Incarcerated Youth And Staff In An Employment Re-Integration Program, Heather Fierros, Angela Blackwell, Leslie Khan-Farooqi

Fall 2021 Virtual OTD Capstone Symposium

One of the most vulnerable and growing populations within the United States (U.S.) are youth involved in the juvenile justice system. Each day, approximately 60,000 youth are currently incarcerated in the U.S., signifying a necessary demand for community re-entry success. Having been incarcerated makes it more challenging for youth to attend school, obtain a license, find public housing, and attain public benefits. Furthermore, because of the effects following being a part of the juvenile justice system, the youth exemplify a lack of social interaction skills, hindered relationship patterns, altered values and beliefs. These underdeveloped skills and patterns interfere with the …

Prosecutorial Supervisions Of The Implementation Of Anti-Torture Legislation: An Analysis Of International Law And National Legislation, Barno Kadirova

ProAcademy

This article examines the analysis of national legislation and international law on the prevention of torture and other cruel, inhuman or degrading treatment or punishment, international standards, principles of responsibility and the improvement of prosecutorial control over the implementation of anti-torture legislation. In addition, the role of prosecutorial oversight in the prevention of torture is based on the views of legal scholars and practitioners, as well as appeals to the prosecutor's office by the Prosecutor General's Office about illegal actions by law enforcement officers and torture by the Supreme Court. Information on criminal cases on torture is provided. The author …

Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov

ProAcademy

Production of expertise on a scene in parallel with its survey in most cases is impossible for the reasons of procedural character: inspection of a scene is, as a rule, performed before initiation of legal proceedings that doesn't allow the investigator before making decision on its excitement to appoint expertise. At the same time to reveal signs of a crime and to fix traces it according to law requirements sometimes happens it is simply impossible without carrying out expert research. It was the cause of statement by us of a question of possibility of purpose of expertise before initiation of …

Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich

ProAcademy

This article is About expertise on criminal affairs is the separate give special status a type of the expertise, different carrying out research from the person possessing special knowledge. Expertise on criminal affairs differs from other types of expertise by that it is appointed and carried out according to strictly and precisely established Code of criminal procedure rather. The part second of article 153 Criminal Procedure Code of Moldova, devote interrogation the expert, consolidates norm on which it is forbidden to make interrogation before submission of the expert opinion and its studying. Fixing of such rule in part the second …

Memory Distortion For Footage Of An Emotionally Disturbing Police/Civilian Encounter: Investigating The Influence Of Bias And Trauma, Eric A. Korzun

Student Theses

Although body-worn cameras (BWCs) are expected to be objective tools for increasing police transparency and accountability, research refutes the idea that people can objectively view footage. Instead, research shows that people’s personal biases—for example, the extent to which people view the police like themselves, measured by the Identification with Police Scale (IPS; Tyler & Fagan, 2008) —shape how they view and interpret BWC footage (Jones, Crozier, & Strange, 2017). Additionally, studies of memory distortion reveal that people can come to remember traumatic events as worse than they originally experienced (Strange & Takarangi, 2012). Taken together, then, when viewing traumatic BWC …

Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker

Washington Law Review

Prison disciplinary hearings have wide-reaching impacts on an incarcerated individual’s liberty. A sanction following a guilty finding is a consequence that stems from hearings and goes beyond mere punishment. Guilty findings for serious infractions, like a positive result on a drug test, can often result in a substantial increase in prison time. Before the government deprives an incarcerated individual of their liberty interest in a shorter sentence, it must provide minimum due process. However, an individual can be found guilty of serious infractions in Washington State prison disciplinary hearings under the “some evidence” standard of proof—a standard that allows for …

Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane

Brooklyn Journal of International Law

The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …

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 current offense …

Facing Injustice: How Face Recognition Technology May Increase The Incidence Of Misidentifications And Wrongful Convictions, Laura Moy

William & Mary Bill of Rights Journal

Part I of this Article explains how face recognition is used in conjunction with eyewitness identification in the law enforcement context. Part II explores how and why the growing use of face recognition technology may increase, rather than decrease, misidentifications and therefore wrongful convictions. Part III recommends policy changes that should be considered, including some of the reforms to eyewitness identification procedures that have been advanced by others.

This abstract has been adapted from the author's introduction.

Police Officers Use Of Ketamine To Subdue Alleged Criminals, Maria Onofre, Peter Platterborze

Honors Program Theses and Research Projects

This review highlights the recent use of ketamine to subdue alleged criminals as an anesthetic. The history and usage of ketamine are studied as a focus on the implementation of ketamine to treat different human needs. The properties and similarities to PCP are compared. All forms of administration, both legal and illegal, and dosages are studied. The review is concluded by a look at the use of ketamine by law enforcement, especially by the Aurora police department.

Facing Injustice: How Face Recognition Technology May Increase The Incidence Of Misidentifications And Wrongful Convictions, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Does law enforcement use of face recognition technology paired with eyewitness identifications increase the incidence of wrongful convictions in U.S. criminal law? This Article explores this critical question and posits that the answer may be yes. Facial recognition is frequently used by law enforcement agencies to help generate investigative leads that are then presented to eyewitnesses for positive identification. But erroneous eyewitness accounts are the number one cause of wrongful convictions, and the use of face recognition to generate investigative leads may create the conditions for erroneous eyewitness identifications to take place. This is because face recognition technology is designed …

The Impact Of A Crisis Intervention Team Program On Psychiatric Boarding, Kurtis Hooks

Counseling & Human Services Theses & Dissertations

Psychiatric boarding is the phenomenon of housing individuals in emergency departments while awaiting access to mental health services in the community. The expansion of psychiatric boarding is attributed to continued deinstitutionalization and under-resourcing of mental health services. Psychiatric boarding is also associated with deleterious outcomes for individuals in need of access to behavioral health services, facilities. There is limited research on programmatic efforts to reduce psychiatric boarding as it pertains to Crisis Intervention Team programs colocated in medical settings. Crisis Intervention Team (CIT) programs are community-based, multi-stakeholder partnerships that include dedicated assessment centers crisis response and referral. This study utilized …

The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke

Journal Articles

In Rethinking Police Expertise, Anna Lvovsky exposes how litigators leverage judicial understandings of police expertise against the government. The article is rich not only with descriptive insights, but also with normative potential. By rigorously analyzing the relationship between expertise and authority in specific cases, Professor Lvovsky offers guidance as to how judges and lawyers should factor a police officer’s expertise into an assessment of whether the officer’s conduct is lawful. This Response argues, however, that Rethinking Police Expertise’s normative potential is weakened by the sharp conceptual distinction it draws between judicial understandings of expertise as a “professional virtue” (which it …

Sb320: A Call To Arms For Victims Of Domestic Violence, Golden Gate University School Of Law

GGU Law Review Blog

Under California law, a person restrained by any domestic violence protection order is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the order is in effect. According to the Armed Prohibited Persons System (APPS), over 23,000 restricted people are armed in California. This number reflects only the number of known registered firearms in the state. Of these 23,000 restricted people, special agents recovered 1,243 prohibited firearms last year — 778 of those firearms were identified in APPS; however, 465 were previously unknown.

Senate Bill 320 purports to redress the inadequacy of current practice …

Trauma, André Douglas Pond Cummings

Faculty Scholarship

Meek Mill’s life and career have been punctuated by trauma. From childhood through his current adulthood, Mill has experienced excruciating trauma even as a well-known hip hop artist. In 2018’s track of that name Trauma, Mill describes in illuminating prose just how these traumatic experiences harmed and impacted him personally describing the very same harms that impact so many similarly situated young black people in the United States. Meek Mill, as a child, witnessed violent death and experienced poverty while as a young man he was arrested and incarcerated (wrongly). Despite his star turn as a true hip hop icon, …

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 implementation …

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 courts belong to different power …

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 to …

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

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

Abstract forthcoming.

Breathing Room For The Right Of Assembly, Tabatha Abu El-Haj

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the legal and political fault lines that the wave of protests highlighting police violence and systemic racism in the summer of 2020 reveal. It focuses in depth on Detroit, Michigan, as a window into the ways that the First Amendment, as currently construed, under-protects those seeking political change and racial reckoning by demonstrating in the streets.

"Hey, Hey! Ho, Ho! These Mass Arrests Have Got To Go!": The Expressive Fourth Amendment Argument, Karen J. Pita Loor

William & Mary Journal of Race, Gender, and Social Justice

The racial justice protests ignited by the murder of George Floyd in May 2020 constitute the largest protest movement in the United States. Estimates suggest that between fifteen and twenty-six million people protested across the country during the summer of 2020 alone. Not only were the number of protestors staggering, but so were the number of arrests. Within one week of when the video of George Floyd’s murder went viral, police arrested ten thousand people demanding justice on American streets, with police often arresting activists en masse. This Essay explores mass arrests and how they square with Fourth Amendment …

Working On The Other Side Of The Fence: Relief For Incarcerated Individuals After Employment Discrimination, Hannah C. Merrill

William & Mary Journal of Race, Gender, and Social Justice

One of America’s largest workforces, comprised of 1.5 million incarcerated workers, remains unprotected by employment discrimination statutes and vulnerable to abuse from a system designed to exploit their labor. This Note highlights the effects of the lack of protection against employment discrimination for incarcerated workers. This Note will analyze the circuit split regarding the application of employment discrimination statutes to prisoners based on varying understandings of the term “employee” and explain why both approaches fail incarcerated workers. Although one approach bars suit from incarcerated employees altogether, the other only allows suit when the incarcerated individual is working in an “optional” …