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Articles 2761 - 2790 of 4794
Full-Text Articles in Law Enforcement and Corrections
Crime, Criminals, And Competitive Crime Control, Wayne A. Logan
Crime, Criminals, And Competitive Crime Control, Wayne A. Logan
Michigan Law Review
Given the negative consequences of crime, it should come as no surprise that states will endeavor to make their dominions less hospitable to potential criminal actors. This predisposition, when played out on a national stage, would appear ripe for a dynamic in which states will seek to "out-tough" one another, leading to a spiral of detrimental competitiveness. Doran Teichman, in an article recently appearing in these pages, advances just such a view. Teichman posits that the decentralized structure of America's federalist system provides states with "an incentive to increasingly harshen" their crime control efforts, with the net result being excessive …
Transparency And Participation In Criminal Procedure, Stephanos Bibas
Transparency And Participation In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
The insiders who run the criminal justice system–judges, police, and especially prosecutors–have information, power, and self-interests that greatly influence the criminal justice process and outcomes. Outsiders–crime victims, bystanders, and most of the general public–find the system frustratingly opaque, insular, and unconcerned with proper retribution. As a result, a spiral ensues: insiders twist rules as they see fit, outsiders try to constrain them, and insiders find new ways to evade or manipulate the new rules. The gulf between insiders and outsiders undercuts the instrumental, moral, and expressive efficacy of criminal procedure in serving the criminal law’s substantive goals. The gulf clouds …
The Political Market For Criminal Justice, Rachel E. Barkow
The Political Market For Criminal Justice, Rachel E. Barkow
Michigan Law Review
In 2004, the number of individuals incarcerated in the United States exceeded the two million mark. The current incarceration rate in the United States is 726 per 100,000 residents, the highest incarceration rate in the Western world and a dramatic increase from just three decades ago. Not only are more people serving time, but sentences have markedly lengthened. What should we make of these trends? The answer has been easy for most legal scholars: to them, the incarceration rate in the United States is too high, and reforms are necessary to lower sentences. But many political leaders and voters reach …
Facing Evil, Joseph E. Kennedy
Facing Evil, Joseph E. Kennedy
Michigan Law Review
It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …
Entrapment By Numbers, Dru Stevenson
Entrapment By Numbers, Dru Stevenson
ExpressO
This essay analyzes emerging trends in entrapment law, and is the first to describe the declining numbers of reported cases that involve the entrapment defense. This phenomenon is attributed to decreasing levels of uncertainty in the rules pertaining to the defense, and to discreet procedural issues. The shifting degrees of certainty in penal rules, which have become increasingly mechanical and mathematical over time, are shown to disfavor certain defendants inherently, to the point of being a snare or source of “entrapment” themselves for these individuals. (Published in 16 J. Law & Pub. Pol’y 1 2005)
Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson
Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson
All Faculty Scholarship
Among the profound issues that surround constitutional criminal procedure is the obscure often overlooked issue of who has standing to challenge an illegal search, seizure or confession. Privacy interests are often overlooked because without a legal status that allows a person to complain in court, there is no way to challenge whether one is constitutionally protected from personal invasions. Standing is that procedural barrier often imposed to prevent a person in a case from objecting to improper police conduct because of his or her relationship of ownership, proximity, location, or interest in an item searched or a thing seized. Although …
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Michigan Law Review
Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is morally justified. This outlaw and forgive approach to coercive interrogation is supposed to prevent coercive interrogation from being applied in inappropriate settings, to be symbolically important, and nonetheless to permit justified coercive interrogation. We argue that the …
Declining To State A Name In Consideration Of The Fifth Amendment's Self-Incrimination Clause And Law Enforcement Databases After Hiibel, Joseph R. Ashby
Declining To State A Name In Consideration Of The Fifth Amendment's Self-Incrimination Clause And Law Enforcement Databases After Hiibel, Joseph R. Ashby
Michigan Law Review
In response to a report of an argument on a public sidewalk, a police officer approaches two people standing in the vicinity of the reported dispute. The officer requests that each person provide her name so the officer can run the names through databases to which the police department subscribes. After searching each name through various databases, the officer might discover that one of the individuals made several purchases of cold medicine containing pseudoephedrine and that the other just received a license from the State to procure certain hazardous chemicals. These two people might be in the early stages of …
Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell
Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell
Publications from President Jonathan G.S. Koppell
In this response to Light, Koppell argues that the increasing frequency of reform may reflect Congress's inability to make significant changes to the substance of entrenched government programs. Moreover, he observes that the more profound evolution in government has been the movement toward the market-based provision of services, which has created a demand for new competencies in the public sector.
Combating Money Laundering, Paul R. Rickert
Combating Money Laundering, Paul R. Rickert
Faculty Publications and Presentations
This paper discusses the modern problem of dealing with money laundering. Illicit occupations inherently create illicit incomes that must be given the appearance of legitimately earned income. The more government criminalizes activities of its citizens, the greater the need for laundering money.
Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson
Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson
Law Faculty Scholarly Articles
The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …
Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams
Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams
Articles & Chapters
No abstract provided.
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Journal Articles
On March 30, 1959, the U.S. Supreme Court issued two decisions which set the stage for a new era in police-community relations. In Abbate v. United States. I and Bartkus v. Illinois,2 the Court gave the U.S. Justice Department the power to prosecute police officers under federal civil rights laws for acts of racist violence - even when they were already under state or local investigation - without fear of violating states' rights. These decisions - had they been enforced - would have been welcome news at the New York headquarters of the National Association for the Advancement of Colored …
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …
Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell
Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell
Liz Campbell
This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB’s ability to pursue …
The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell
The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell
Liz Campbell
The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated …
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Liz Campbell
Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
Scholarly Articles
This essay explores the criminological commitments of religious prisons. Though religious prisons serve rehabilitative aims, this essay emphasizes the importance of their retributive goals-what Professor R.A. Duff has termed the censure-communicating purpose of punishment and the "Three 'R's of Punishment" (repentance, reform, and reconciliation)9-in justifying the use of religious programming in prisons. The focus of this article is narrow: it offers an argument in response to skeptics who claim that religious programming serves no criminological purpose absent an unequivocal showing of rehabilitative effectiveness. It claims that even if the evidence of reduced recidivism has been inflated or manipulated, as many …
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins
Human Rights Brief
No abstract provided.
Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith
Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith
Human Rights Brief
No abstract provided.
Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry
Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry
Articles
Governmental efforts to protect antiquities can be found in the early twentieth century; however, the most significant policy efforts began in the late 1960s and early 1970s. This manuscript focuses on the properties/items protected under current statutes in Arkansas, Louisiana, and Texas and provides background on major federal policies. Moreover, it addresses the penalties imposed for violating these regulations. The efforts made to enforce these rules are also addressed along with suggestions for improving implementation of antiquities policies in all three states.
Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson
Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.
Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian
Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian
Project on Addressing Prison Rape - Articles
Jails often struggle with how to ensure the integrity of operations by establishing policies aimed at governing employee relationships with individuals who are under the supervision of a criminal justice agency. Agencies need to balance their legitimate interests with employees’ basic rights to associate. This article discusses case law around this issue and makes recommendations about how to construct agency policies in this area.
Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith
Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.
Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger
Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger
Faculty Scholarship
The steep rise in female offenders since the 1960s has finally caused criminologists, lawyers, judges, and others to consider why they have not learned more about women offenders’ lives, in order to better understand and explain why they enter, and how they proceed through the criminal system. This article focuses on the reality that women’s relationality, and particularly their relationships with men in their lives, profoundly affect the behavior that lands them in the criminal justice system. This article argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender as an interacting …
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners' rights in sexual expression from states' legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …
Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier
Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier
Presentations
This brochure explains the impact of the Prison Rape Elimination Act (PREA) on jails. Topics discussed include: what PREA is; how PREA applies to jails; the purpose of PREA; what jails need to be doing; and answers to frequently asked questions.
Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith
Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and inmate management.
Parolee And Police Officer Perceptions Of Prison Gang Etiology, Power, And Control, William Henry Richert
Parolee And Police Officer Perceptions Of Prison Gang Etiology, Power, And Control, William Henry Richert
Theses Digitization Project
Examines the attitudes and perceptions among parolees, and police officers on why inmates join prison gangs, how powerful they are, and their power and control in prison. Data was gathered from 250 surveys distributed to a group of parolees at an undisclosed southern California municipal police department jail, and 250 surveys distributed to police managers attending the FBI National Academy in Quantico, Virginia. Results of this study validated the hypothesis that there is a significant difference in attitudes and perceptions of parolees and police officers of why inmates join prison gangs and the power and control gang inmates have in …