Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), 2016 University of Oklahoma College of Law
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Stephen E Henderson
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those records not only store our past, but thanks to data mining and big data, in many circumstances they are eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully ...
The Future Of Confession Law: Toward Rules For The Voluntariness Test, 2015 University of Michigan Law School
The Future Of Confession Law: Toward Rules For The Voluntariness Test, Eve Brensike Primus
Michigan Law Review
Confession law is in a state of collapse. Fifty years ago, three different doctrines imposed constitutional limits on the admissibility of confessions in criminal cases: Miranda doctrine under the Fifth Amendment, Massiah doctrine under the Sixth Amendment, and voluntariness doctrine under the Due Process Clauses of the Fifth and Fourteenth Amendments. But in recent years, the Supreme Court has gutted Miranda and Massiah, effectively leaving suspects with only voluntariness doctrine to protect them during police interrogations. The voluntariness test is a notoriously vague case-by-case standard. In this Article, I argue that if voluntariness is going to be the framework for ...
“Not Ordinarily Relevant”: Bringing Family Responsibilities To The Federal Sentencing Table, 2015 Boston College Law School
“Not Ordinarily Relevant”: Bringing Family Responsibilities To The Federal Sentencing Table, Emily W. Andersen
Boston College Law Review
Incarceration results in negative social, psychological, and economic impacts on an inmate’s family and dependents. These impacts last well beyond the period of incarceration and can cause lifelong challenges. Federal statutes require courts to consider mitigating factors while calculating a sentence, including a defendant’s characteristics. Family ties and responsibilities are considered an aspect of a defendant’s characteristics. Yet the Federal Sentencing Guidelines significantly limit the extent to which courts can use family ties and responsibilities to reduce or alter a defendant’s sentence. This Note first argues that the Guidelines should be amended to indicate that courts ...
Gender Injustice: System-Level Juvenile Justice Reforms For Girls, 2015 Boston College Law School
Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck
Boston College Law School Faculty Papers
Despite decades of attention, the proportion of girls in the juvenile justice system has increased and their challenges have remained remarkably consistent, resulting in deeply rooted systemic gender injustice. The literature is clear that girls in the justice system have experienced abuse, violence, adversity, and deprivation across many of the domains of their lives—family, peers, intimate partners, and community. There is also increasing understanding of the sorts of programs helpful to these girls. What is missing is a focus on how systems—and particularly juvenile justice systems—can be redesigned to protect public safety and support the healing and ...
Human Rights And Prison Rape, 2015 Fordham University
Human Rights And Prison Rape, Lenny Gallo
21st Century Social Justice
Prison Rape is a common occurrence in America’s penal institutions. Sexual assault occurs most frequently on juveniles, the LGBT community, and people who are weak in stature. To combat this problem, The Prison Rape Elimination Act (PREA), passed in 2003 with bipartisan support and the backing of special interest groups, was envisioned as a human rights milestone. Prison rape is assumed by an apathetic public to be an expected part of the incarceration experience. PREA, in addition to encountering major time setbacks in implementation, has not become a human rights milestone and, even where it has been implemented, is ...
Testimony On Oklahoma Civil Asset Forfeiture Reform, 2015 University of Oklahoma College of Law
Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson
Stephen E Henderson
I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it ...
How Are Law Enforcement Efforts To Address Mental Illness Changing The Path To Incarceration?, 2015 Los Angeles County Sheriff's Department
How Are Law Enforcement Efforts To Address Mental Illness Changing The Path To Incarceration?, D'Andre Devon Lampkin
D'Andre Devon Lampkin
The purpose of this research project is the introduce readers to how law enforcement agencies across the United States are addressing mental illness and improving response to incidents involving subjects with mental illnesses. The paper also discusses training, and the collaborations taking place between mental health professionals and policing agencies wanting to combine judicial supervision with community based mental health treatment.
Behind The Badge, 2015 Iowa State University
Behind The Badge, Will Dodds, Korrie Bysted
You’re driving down the street, and flashing red and blue lights appear in your rear view mirror. Time to get pulled over, or as the police call it a “traffic stop.” You were probably speeding or forgot to put your headlights on. Thank your personal deity that you haven't had a drink. You sink in your seat—the night just went from great to horrible.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., 2015 St. Mary's School of Law, Texas
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Newsroom: Horwitz On Ri Probation Reform, 2015 Roger Williams University
Newsroom: Horwitz On Ri Probation Reform, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Do We Know How To Punish?, 2015 U.S. Dept. of Labor
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological ...
Rethinking Immigration’S Mandatory Detention Regime: Politics, Profi T, And The Meaning Of “Custody”, 2015 Harvard Law School
Rethinking Immigration’S Mandatory Detention Regime: Politics, Profi T, And The Meaning Of “Custody”, Philip L. Torrey
University of Michigan Journal of Law Reform
Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher ...
Racial Profi Ling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, 2015 University of California at Davis School of Law
Racial Profi Ling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson
University of Michigan Journal of Law Reform
In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an “aggravated felony” for purposes of removal, an important question under the U.S. immigration laws. In the removal proceedings, Adrian Moncrieffe, a black immigrant from Jamaica, did not challenge his arrest and drug conviction. Consequently, the Supreme Court did not review the facts surrounding, or the lawfulness of, the criminal prosecution. Nonetheless, the ...
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, 2015 Pace University School of Law
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Pace Law Review
This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery ...
Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, 2015 Pace University School of Law
Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, Christopher J. Menihan
Pace Law Review
This Comment provides an historical analysis of the principles, understandings and laws that have formed and altered the American juvenile correction system. Part I offers an historical synopsis of the societal understanding that juvenile offenders are less culpable than their adult counterparts and explains the process by which this concept came to permeate early American common law. By discussing the early nineteenth-century juvenile correction reformation movement and the cases that followed, Part I also illustrates the development and early failures of the American juvenile correction system. Part II explains the history of juvenile waiver laws, from their early presence in ...
Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, 2015 Pace University School of Law
Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf
Pace Law Review
Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants ...
Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, 2015 University of Michigan Law School
Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey
Michigan Telecommunications and Technology Law Review
The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause ...
Federal Programs And The Real Costs Of Policing, 2015 University of Virginia Law School
Federal Programs And The Real Costs Of Policing, Rachel A. Harmon
Rachel A. Harmon
Dozens of federal statutes authorize federal agencies to give money and power to local police departments and municipalities in order to improve public safety. While these federal programs encourage better coordination of police efforts and make pursuing public safety less financially costly for local communities, they also encourage harmful policing. Of course, policing often interferes with our interests in autonomy, privacy, and property, and those harms are often worthwhile in exchange for security and order. Federal public safety programs, however, are designed, implemented, and evaluated without reference to the nonbudgetary costs of policing. When those costs are high, federal programs ...
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, 2015 Passman & Jones
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning
Pace Law Review
In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness ...
The Challenges Of Preventing And Prosecuting Social Media Crimes, 2015 University of Dayton School of Law
The Challenges Of Preventing And Prosecuting Social Media Crimes, Thaddeus Hoffmeister
Pace Law Review
The adoption and use of social media by a broad spectrum of criminal defendants has raised some significant challenges for those tasked with crime prevention. This article will look at those challenges through the lens of three cases involving social media: United States v. Drew, United States v. Sayer, and United States v. Cassidy. However, prior to beginning that examination, this article will briefly discuss and categorize the various ways criminal defendants employ social media.