The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, 2024 William & Mary Law School
The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani
William & Mary Journal of Race, Gender, and Social Justice
This Article explores the ways in which RJ [restorative justice] has been co-opted, argues that RJ’s core principles can never coexist with the criminal punishment system, and analyzes how RJ co-optation is a barrier to abolitionist goals. It proceeds in three parts. In Part I, I present the fundamental principles upon which RJ processes should be based. While many scholars and practitioners have identified the lack of a consistent RJ definition by which to guide the work, I propose that there are fundamental principles that serve to guide RJ, and these are in stark contrast with the principles and realities …
Computationally Assessing Suspicion, 2024 Thomas R. Kline School of Law of Duquesne University
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
University of Cincinnati Law Review
Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …
“Fruit From A Poisonous Tree”? Constituting Logics Of Law Enforcement Phlebotomy, 2024 Portland State University
“Fruit From A Poisonous Tree”? Constituting Logics Of Law Enforcement Phlebotomy, Anne Johnson
Student Research Symposium
In at least 17 states in the United States, police are drawing blood from drivers they suspect of impairment. Despite concerns about civil rights, ethics of consent in custody, and use of force, law enforcement phlebotomy (LEP) remains critically understudied. Through 27 in-depth, semi-structured interviews with police phlebotomists and LEP program officials from 10 states, this study begins to fill that gap, asking: What are the logics of law enforcement phlebotomy? Constituting these logics–as articulated by police–are beliefs about both policing and phlebotomy, and officers’ motivations in the fight against impaired driving. This article assesses how the logics of law …
Unreasonable Traffic Stops, 2024 William & Mary Law School
Unreasonable Traffic Stops, Sam Kamin
William & Mary Law Review
In 1996, the Supreme Court announced in Whren v. United States that a traffic stop is constitutional if there is probable cause to believe a traffic infraction has occurred. So long as the officers who stop an individual can point—even after the fact—to any violation of the traffic laws, their actual, subjective motivations for initiating a stop are legally irrelevant. Case-by-case determination of reasonableness is unnecessary in the traffic stop context, the Court concluded, because the balancing of interests has already been done. Unlike warrantless entries into homes, the use of deadly force, or unannounced warranted entries, a traffic stop …
An Examination Of Missing Person Social Media Engagement Through Data Mining And Experimentation: An Application Of The Crisis And Emergency Risk Communication Model, 2024 Chapman University
An Examination Of Missing Person Social Media Engagement Through Data Mining And Experimentation: An Application Of The Crisis And Emergency Risk Communication Model, Cailin M. Kuchenbecker
Communication (PhD) Dissertations
According to the Federal Bureau of Investigation (FBI), approximately 600,000 individuals are reported missing each year in the United States (2022). When missing person cases do not meet alert (e.g., AMBER) criteria, law enforcement often utilize social media to crowdsource information to ultimately return the missing home. Therefore, guided by the crisis and emergency risk communication model (CERC; Reynolds & Seeger, 2005) and its recently clarified propositions (Miller et al., 2021), the purpose of this dissertation was to (a) identify strategies law enforcement use to crowdsource missing person information and (b) experimentally test message characteristics that facilitate prosocial sharing of …
I Hope This Email Finds You Well: The Eleventh Circuit Addresses The Standard Of Review For Incarcerated Persons’ Outgoing Emails, 2024 Mercer University School of Law
I Hope This Email Finds You Well: The Eleventh Circuit Addresses The Standard Of Review For Incarcerated Persons’ Outgoing Emails, Olivia Greenblatt
Mercer Law Review
An unfortunate and inevitable aspect of incarceration is separation from the outside world. The various constraints on communication exemplify one of the many ways through which incarceration creates this divide. Maintaining the connections that incarcerated people have with their loved ones and communities is essential for fostering a vital support system, facilitating the exchange of information, aiding in successful reintegration, and reducing recidivism upon release. Unfortunately, instead of encouraging and safeguarding this communication, prisons often curtail it through restrictive methods: visitation is limited, phone calls are costly, physical mail involves a time-consuming and intrusive process, and now, email is being …
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, 2024 St. Mary's University
The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado
St. Mary's Law Journal
No abstract provided.
Good Policing Practices Are Difficult, Even For The Avengers, 2024 Lincoln Memorial University-Duncan School of Law
Good Policing Practices Are Difficult, Even For The Avengers, Melanie Reid
Cleveland State Law Review
Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum compared to the Blue Lives Matter Movement or other mayoral or police union initiatives. This is clearly a time to collaborate and learn from the various perspectives to bring hope and change in the future. Lawyers, academics, community members, and police officers alike …
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, 2024 University of Montana, Alexander Blewett III School of Law
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Public Land & Resources Law Review
No abstract provided.
The Effectiveness Of Canines In Law Enforcement, 2024 Olivet Nazarene University
The Effectiveness Of Canines In Law Enforcement, Shelly Stroud, Riley Kaufmann
Scholar Week 2016 - present
Police K-9s play a multifaceted role in policing including crime control and public relations.The advent of these police specialty units coincided with the movement to professionalize policing and have been used to aid law enforcement since the start of the 20th century.
We will demonstrate the role of a working K-9 and the many different areas that are covered in law enforcement such as: bite, detection, narcotics, firearms, explosives, and technology. We will examine the role of the K-9 handler and the impact of their relationship with their k-9 and how this bond influences the effectiveness of law enforcement tasks.
Toward Accessing Hiv-Preventative Medication In Prisons, 2024 Northwestern Pritzker School of Law
Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu
Northwestern University Law Review
The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.
This Note draws on previous scholarship on cruel …
Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, 2024 Duke Law
Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples
Duke Law & Technology Review
Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.
Use Of Restrictive Housing In The Juvenile Justice System, 2024 Fort Hays State University
Use Of Restrictive Housing In The Juvenile Justice System, Caleb D. Purvis, April Terry
SACAD: John Heinrichs Scholarly and Creative Activity Days
In recent years, the term solitary confinement was replaced with restrictive housing (RH) as it had a less negative tone. However, the terms both represent the same process of isolating individuals in cells with nearly no contact with others. Restrictive housing has many negative effects, including, but not limited to deteriorating mental health and increased rates of recidivism. Such practices are not limited to the adult system as incarcerated youth are also subjected to various forms of restrictive housing (e.g., protective custody, disciplinary and administrative segregation). While those who oppose the use of RH call this cruel and unusual punishment, …
The Impact Of State Laws On Officer-Involved Deaths (Oids), 2024 Fort Hays State University
The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan J. Steele, Ziwei Qi
SACAD: John Heinrichs Scholarly and Creative Activity Days
While the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force in their dealings with citizens. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census and LEOKA data, we examine the impact of U.S. Supreme Court jurisprudence and the restrictions that each state placed on law enforcement’s ability to use force and what constituted reasonable force within each state. We found that while the state’s population size and violent crime rate were consistently strong predictors …
Whom Do Prosecutors Protect?, 2024 Georgetown University Law Center
Whom Do Prosecutors Protect?, Vida Johnson
Georgetown Law Faculty Publications and Other Works
Prosecutors regard themselves as public servants who fight crime and increase community safety on behalf of their constituents. But prosecutors do not only seek to protect those they are supposed to serve. Instead, prosecutors often trade community safety, privacy, and even the constitutional rights of the general public to enlarge police power. Prosecutors routinely advocate for weaker public rights, shield police from public accountability, and fail to prosecute police when they break the law.
This Article will show how prosecutors often protect police at the expense of the public. This Article suggests a novel theory of evaluating the conduct of …
Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, 2024 Cleveland State University
Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, B. Thomas
Et Cetera
As a former police officer, the aftereffects of helmetless motorcycle crashes will forever haunt me. This Article discusses the need for helmet laws for all motorcyclists.
Police Officers’ Perceptions Regarding Their Interactions With The Disabled In Kankakee County, 2024 Olivet Nazarene University
Police Officers’ Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann M. English
ELAIA
Background Previous research shows the rate of crime against people with disabilities is significantly higher than the general population. Despite this, gaps in the training and resources for officers to assist those with disabilities may exist. Eadens et al. (2008) explored this issue by evaluating officer attitudes towards intellectual disabilities. Kankakee County has a significant disabled population, and Illinois is ranked very low in the improvement of related policies, making this a valuable area of interest. Methods This study utilized the modified version of the Social Distance Questionnaire (SDQ) used by Eadens et al. (2008), which is both qualitative and …
Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, 2024 Case Western Reserve University School of Law
Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks
Cleveland State Law Review
The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against “unreasonable” searches and seizures. But what does “reasonable” mean in the context of a traffic stop?
In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing, the Court determined that pretextual traffic stops are “reasonable.” Pretextual traffic stops occur where an officer stops a vehicle and cites a lawful reason for the stop, yet the underlying reason is unlawful. The Whren Court determined that an officer’s intent is completely irrelevant to whether …
A New Private Law Of Policing, 2024 Brooklyn Law School
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", 2024 University of Missouri-Kansas City School of Law
Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough
UMKC Law Review
In 1989, Jackson County, Missouri, made history - voters passed the first tax solely dedicated to funding substance abuse prevention and treatment. Today, the COMmunity Backed Anti-Crime Tax ("COMBAT") continues to annually generate between $25 to $30 million that supports Jackson County courts, the Jackson County Prosecutor's Office, local law enforcement agencies, and nonprofit organizations focusing on prevention and treatment. COMBAT has achieved success through its de-emphasis on punitive law enforcement practices and emphasis on public health. Instead of focusing on the prosecution of drug-related offenses, COMBAT is leading a more holistic "War on Drugs" by funding community-based resources to …