Open Access. Powered by Scholars. Published by Universities.®

Law Enforcement and Corrections Commons

Open Access. Powered by Scholars. Published by Universities.®

2,077 Full-Text Articles 1,386 Authors 645,800 Downloads 119 Institutions

All Articles in Law Enforcement and Corrections

Faceted Search

2,077 full-text articles. Page 1 of 36.

Using Data To Reduce Police Violence, Stephen Rushin 2016 University of Alabama School of Law

Using Data To Reduce Police Violence, Stephen Rushin

Boston College Law Review

Congress passed the Death in Custody Reporting Act in 2014, which created a national database on civilian deaths caused by law enforcement. The Federal Bureau of Investigations and the Bureau of Justice Statistics have subsequently also announced new efforts to collect data on the frequency of deadly encounters between law enforcement and civilians. This Article explores how the federal government could use these newly amassed datasets to reduce police violence. This Article makes two contributions. The first Part of the Article argues that data alone will be insufficient to bring about widespread reform in local police departments. By making these ...


Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall 2016 Boston College Law School

Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall

Boston College Law Review

Even after a criminal case is disposed of and a period of incarceration or probation is completed, individuals who have become involved in the criminal justice system often face a myriad of collateral consequences based on their criminal records. In order to promote reintegration and combat recidivism, many states have taken legislative actions to ease the burden associated with having a criminal record. In recent years, these efforts have led several states to reform or enact statutes for criminal record sealing or expungement, a controversial, yet highly efficacious tool to provide greater employment and housing opportunities for ex-offenders. In 2010 ...


Riley V. California And The Stickiness Principle, Steven I. Friedland 2016 Duke Law

Riley V. California And The Stickiness Principle, Steven I. Friedland

Duke Law & Technology Review

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question ...


What's Going On In Our Prisons?, Michael B. Mushlin 2016 Pace Law School

What's Going On In Our Prisons?, Michael B. Mushlin

Pace Law Faculty Publications

Additional governmental oversight is urgently needed to truly change the culture of a system that holds 53,000 inmates across 54 prisons in New York State. What goes on inside these prisons is largely hidden from view, and there is little accountability for wrongdoing. The State Legislature should follow the A.B.A.’s guidance and establish a monitoring body with unfettered access to prison facilities, staff, inmates and records in announced or unannounced visits.


Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank 2016 Michigan State University

Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank

Faculty Publications, Department of Psychology

Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a ...


Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen Henderson 2015 University of Oklahoma College of Law

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen 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 Uneven Development Of Criminal Law: Human Geography, Policing, And Criminal Law Formation On The Urban Scale, Brendan Conner 2015 Streetwise and Safe

The Uneven Development Of Criminal Law: Human Geography, Policing, And Criminal Law Formation On The Urban Scale, Brendan Conner

Brendan M. Conner

This Article advances a critical legal framework for understanding the influence of human geography on the causes of inequality within different scales of space on criminal law formation. Put another way, the Article proposes a theory of uneven development in criminal law to explain both the causes of unequal allocations of law enforcement capital within scales of space, but also the affirmative alteration of the criminal law using land-use and zoning principles. Part I provides an overview of concepts in human geography and legal philosophy, including legal positivism, pluralism, and distributive justice. Part II describes historical antecedents such as banishment ...


Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao 2015 Catholic University of America, Columbus School of Law

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Conviction Review Units: A National Perspective, John Hollway 2015 University of Pennsylvania Law School

Conviction Review Units: A National Perspective, John Hollway

Faculty Scholarship

Over the past 25 years, Americans have become increasingly aware of a vast array of mistakes in the administration of justice, including wrongful convictions, situations where innocent individuals have been convicted and incarcerated for crimes they did not commit. The most prevalent institutional response by prosecutors to address post-conviction fact-based claims of actual innocence is the Conviction Review Unit (CRU), sometimes called the Conviction Integrity Unit. Since the creation of the first CRU in the mid-2000s, more than 25 such units have been announced across the country; more than half of these have been created in the past 24 months ...


Moore On The Mind, Stephen J. Morse 2015 University of Pennsylvania Law School

Moore On The Mind, Stephen J. Morse

Faculty Scholarship

In revised form, this chapter will be published in a volume, Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore, a festschrift for Michael Moore edited by Professor Kimberly Ferzan and me for Oxford University Press. The chapter first addresses a particular approach to foundational metaphysical issues in the philosophy of mind, action and responsibility that I term “Spockian solutions,” which are home remedies modeled on those found in the baby and child care book of famed pediatrician, the late Dr. Benjamin Spock. It then engages with Moore’s work on a variety of topics concerning action and ...


How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson 2015 University of Pennsylvania Law School

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

Faculty Scholarship

This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.


Addiction, Choice And Criminal Law, Stephen J. Morse 2015 University of Pennsylvania Law School

Addiction, Choice And Criminal Law, Stephen J. Morse

Faculty Scholarship

This chapter is a contribution to a volume, Addiction and Choice, edited by Nick Heather and Gabriel Segal that is forthcoming from Oxford University Press. Some claim that addiction is a chronic and relapsing brain disease; others claim that it is a product of choice; yet others think that addictions have both disease and choice aspects. Which of these views holds sway in a particular domain enormously influences how that domain treats addictions. With limited exceptions, Anglo-American criminal law has implicitly adopted the choice model and a corresponding approach to responsibility. Addiction is irrelevant to the criteria for the prima ...


Maine's Women Offenders: What Do We Know?, Erika King, Jillian Foley, Mark Rubin 2015 University of Southern Maine

Maine's Women Offenders: What Do We Know?, Erika King, Jillian Foley, Mark Rubin

Erica King

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense ...


Why It's Time For Pervasive Surveillance...Of The Police, Russell Covey 2015 Georgia State University College of Law

Why It's Time For Pervasive Surveillance...Of The Police, Russell Covey

Russell D. Covey

No abstract provided.


Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse 2015 University of Pennsylvania Law School

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

Faculty Scholarship

No abstract provided.


Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin 2015 Pace University School of Law

Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin

Pace Law Faculty Publications

I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.


One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood 2015 New York Law School

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

University of Michigan Journal of Law Reform

Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States. Aggressive enforcement practices and mandatory sentencing laws have an impact beyond the individuals who are arrested, convicted, and incarcerated. These policies have wide-ranging and enduring ripple effects throughout the communities that are most heavily impacted by criminal laws, predominantly urban and minority neighborhoods. Criminal justice policies broadly impact everything from voter turnout and engagement, to serving on juries, participating in popular protests, census data, and the way officials draw legislative districts. The ...


Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles 2015 NYU School of Law

Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles

New York University Public Law and Legal Theory Working Papers

Solving crimes often requires community cooperation. Cooperation is thought by many scholars to depend critically on whether community members believe that law enforcement institutions are legitimate and trustworthy. Yet establishing an empirical link between legitimacy and cooperation has proven elusive, with most studies relying on surveys or lab experiments of people’s beliefs and attitudes, rather than on their behavior in the real world. This Article aims to overcome these shortcomings, capitalizing on a unique natural policy experiment to directly address a fundamental question about legitimacy, cooperation, and law enforcement success: do de-legitimating policy interventions actually undermine community cooperation with ...


Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles 2015 NYU School of Law

Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles

New York University Law and Economics Working Papers

Solving crimes often requires community cooperation. Cooperation is thought by many scholars to depend critically on whether community members believe that law enforcement institutions are legitimate and trustworthy. Yet establishing an empirical link between legitimacy and cooperation has proven elusive, with most studies relying on surveys or lab experiments of people’s beliefs and attitudes, rather than on their behavior in the real world. This Article aims to overcome these shortcomings, capitalizing on a unique natural policy experiment to directly address a fundamental question about legitimacy, cooperation, and law enforcement success: do de-legitimating policy interventions actually undermine community cooperation with ...


The Unconvincing Case Against Private Prisons, Malcolm Feeley 2015 Selected Works

The Unconvincing Case Against Private Prisons, Malcolm Feeley

Malcolm Feeley

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled ...


Digital Commons powered by bepress