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Law Enforcement And Technology: Requiring Technological Shields To Serve And Protect Citizen Rights, Ryan C. Pulley 2015 Emory University

Law Enforcement And Technology: Requiring Technological Shields To Serve And Protect Citizen Rights, Ryan C. Pulley

Ryan C Pulley

An often revisited topic is the tension between law enforcement and the citizens they aim to protect. One side of this discussion seeks to mitigate the tension by explaining the hard decisions that law enforcement officers must make to protect citizens and themselves, while the other emphasizes the corruption that exists within police departments. Recently, this discussion has begun a critical examination of the role of technology within police department to determine whether police officers are properly monitored and trained.

Both citizens and police forces alike should require that law enforcement officers utilize publicly available technologies that protect citizens’ rights ...


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. 2015 Streetwise and Safe

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless 2015 University of Miami School of Law

A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. McKoski 2015 John Marshall Law School

Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. Mckoski

Raymond J. McKoski

No abstract provided.


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 ...


Dalla Traccia Di Sangue All'identikit Facciale, Charles E. MacLean 2015 Indiana Tech Law School

Dalla Traccia Di Sangue All'identikit Facciale, Charles E. Maclean

Charles E. MacLean

Assessment of dilemmas inherent in using DNA phenotyping methods to generate a physical likeness of a crime suspect based only on DNA shed at the crime scene.


Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben 2015 Fordham University School of Law

Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben

Fordham Law Review

The attorney-client privilege protects confidential legal communications between a party and her attorney from being used against her, thus encouraging full and frank attorney-client communication. It is a venerable evidentiary principle of American jurisprudence. Unsurprisingly, prosecutors may not eavesdrop on inmate-attorney visits or phone calls or read inmate-attorney postal mail. Courts are currently divided, however, as to whether or not they can forbid prosecutors from reading inmate- attorney email.

This Note explores the cases that address whether federal prosecutors may read inmates’ legal email. As courts have unanimously held, because inmates know that the Bureau of Prisons (BOP) monitors all ...


Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott 2015 New York Southern District Court

Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott

Law & Economics Working Papers

Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these process costs ...


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2015 West Virginia University

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur L. Rizer III

The recent protests, police overreaction, and subsequent riots in Ferguson, Missouri, demonstrated to Americans and to the world the true extent of the militarization of police in communities across the United States. Deployed throughout Ferguson, in preemption and then in response to protesters’ actions, were ranks of heavily armed, flak-jacketed, camouflage uniformed police standing atop and around armored personnel carriers with machine guns mounted. Such a response evidences that the line between police and soldiers in communities is blurring, if not blurred. This militarization is, in part, a result of a principle Americans have held dear since our founding, that ...


Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack 2015 Roger Williams University School of Law

Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack

Blogs

No abstract provided.


The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman 2015 Northwestern University School of Law

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.


Race Matters In Jury Selection, Peter A. Joy 2015 Northwestern University School of Law

Race Matters In Jury Selection, Peter A. Joy

NULR Online

No abstract provided.


Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer 2015 Northwestern University School of Law

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

NULR Online

No abstract provided.


0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff 2015 Law Professor

0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff

Theodore Y. Blumoff

Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers ...


Evidence Laundering: How Herring Made Ignorance The Best Detergent, Kay L. Levine, Jenia I. Turner, Ronald F. Wright 2015 Emory University

Evidence Laundering: How Herring Made Ignorance The Best Detergent, Kay L. Levine, Jenia I. Turner, Ronald F. Wright

Kay L Levine

ABSTRACT for

Evidence Laundering: How Herring Made Ignorance the Best Detergent

Kay L. Levine, Jenia I. Turner and Ronald F. Wright

The Supreme Court’s decision in Herring v. United States authorizes police to defeat the Fourth Amendment’s protections through a process we call evidence laundering. Evidence laundering occurs when one police officer makes a constitutional mistake when gathering evidence and then passes that evidence along to a second officer, who receives the evidence, develops it further, and delivers it to prosecutors for use in a criminal case. When courts admit the evidence based on the good faith of ...


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele 2015 Brooklyn Law School

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the ...


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele 2015 Brooklyn Law School

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the ...


Lethal Injection In Unchartered Territory: The Need To Ensure The Humanity Of Current Death Penalty Practices, Rebecca Salk 2015 Georgetown University Law Center

Lethal Injection In Unchartered Territory: The Need To Ensure The Humanity Of Current Death Penalty Practices, Rebecca Salk

Rebecca Salk

Please note that this is a student submission.

Lethal injection, when first legalized in the late 1970s, was viewed by many as safe, reliable, and humane. Today, however, lethal injection does not always perform as promised. Due to difficulty sourcing lethal injection drugs, states are utilizing untested lethal injection protocols, with little knowledge or experience to guide them. This paper argues that lethal injection reform requires regulation similar to that for human subject research. I argue that (1) the practice of utilizing untested lethal injection methods falls under the definition of “human subject research” as per the federal statutory definition ...


Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore 2015 University of Cincinnati College of Law

Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore

Janet Moore

A democracy deficit undermines the legitimacy of criminal justice systems. People enmeshed in these systems are disproportionately poor people and people of color with little voice in creating or implementing the governing law. A stark example is the Sixth Amendment right to choose a lawyer. This understudied and undertheorized right is protected for criminal defendants who can afford to hire counsel. Yet according to Supreme Court dicta and rulings by other courts across the country, poor people “have no right to choose” their lawyers. This Article argues that the Sixth Amendment right to choose should apply to the overwhelming majority ...


Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind 2015 College of William & Mary Law School

Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind

William & Mary Law Review

It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between law-enforcement investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited resources to develop countermeasures, law enforcement officers will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game-theoretic model that shows that when law-enforcement investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale ...


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