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

Law Enforcement and Corrections Commons

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

1,591 Full-Text Articles 1,022 Authors 423,511 Downloads 88 Institutions

All Articles in Law Enforcement and Corrections

Faceted Search

1,591 full-text articles. Page 1 of 20.

Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


Confronting Cops In Immigration Court, Mary Holper 2015 Boston College Law School

Confronting Cops In Immigration Court, Mary Holper

Mary Holper

Immigration judges routinely use police reports to make life-altering decisions in noncitizens’ lives. The word of the police officer prevents a detainee from being released on bond, leads to negative discretionary decisions in relief from removal, and can prove that a past crime fits within a ground of removability. Yet the police officers who write these reports rarely step foot in immigration court; immigration judges rely on the hearsay document to make such critical decisions. This practice is especially troubling when the same police reports cannot be used against the noncitizen in a criminal case without the officer testifying, due ...


Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing 2014 University of Georgia School of Law

Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing

Georgia Journal of International & Comparative Law

No abstract provided.


The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh 2014 University of Georgia School of Law

The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh

Georgia Journal of International & Comparative Law

No abstract provided.


Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu 2014 University of Georgia School of Law

Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu

Georgia Journal of International & Comparative Law

No abstract provided.


The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec 2014 University of Georgia School of Law

The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec

Georgia Journal of International & Comparative Law

No abstract provided.


Navigating The Rock And The Whirlpool: Managing Critical Incident Investigations And Garrity, Joseph R. Sullivan 2014 SelectedWorks

Navigating The Rock And The Whirlpool: Managing Critical Incident Investigations And Garrity, Joseph R. Sullivan

Joseph R Sullivan

This article presents a best practice model for managing officer-involved shooting or other critical incident investigations on behalf of the officer; one that protects the officer’s legal interests and still preserves the most accurate factual information for investigators. Section I details the causes and effects of critical incident amnesia as it relates to officer-involved shootings. Section II analyzes the relationship between a public employee’s Fifth Amendment privilege against self-incrimination and a public employer’s ability to compel work related statements. Section III discusses the practical implications and aftermath of an officer-involved shooting or other critical incident and section ...


Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden 2014 University of Georgia School of Law

Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson 2014 University of Georgia School of Law

The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


School Shootings And Principals' Perception Of Armed Personnel In An Education Setting, Richard Reyes 2014 Seton Hall University

School Shootings And Principals' Perception Of Armed Personnel In An Education Setting, Richard Reyes

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this study was to explore the dilemma principals have in determining the best approach to provide safe environment for their students and faculty, while at the same time creating an environment that is conducive to education.

The study looked at an urban school district with a marginalized community with low socioeconomic status as identified by the District Factor Group A. Twelve school principals were interviewed to gather information of their perceptions in relation to having armed personnel in their schools.

The literature on school shootings and armed personnel in schools was reviewed. The literature consisted of peer-reviewed ...


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney 2014 University of Georgia School of Law

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick 2014 University of Pennsylvania Law School

Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick

Faculty Scholarship

Empirical work has grown in importance in law and economics. This growth coincides with improvements in research designs in empirical microeconomics more generally. In this essay, we provide a stylized discussion of some trends over the last two or three decades, linking the credibility revolution in empirical micro to the ascendancy of empirical work in law and economics. We then provide some methodological observations about a number of commonly used approaches to estimating policy effects. The literature on the economics of crime and criminal procedure illustrates the ways in which many of these techniques have been used successfully. Other fields ...


Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan 2014 University of Georgia School of Law

Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan

Georgia Journal of International & Comparative Law

No abstract provided.


In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding 2014 University of Georgia School of Law

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Georgia Journal of International & Comparative Law

No abstract provided.


The Unconvincing Case Against Private Prisons, Malcolm M. Feeley 2014 Maurer School of Law: Indiana University

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Indiana Law Journal

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 ...


The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin 2014 College of William & Mary Law School

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Faculty Publications

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all ...


The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns 2014 Pepperdine University

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.


An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein 2014 Boston College Law School

An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein

Boston College Law Review

Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would otherwise give people in these communities the ability to protect themselves. Although public outcry has prompted pending legislation in Congress to repeal some of these exemptions, such as the Alaska Safe Families and Villages Act, even that legislation does not go far enough to achieve a permanent and effective solution to what is a life-or-death ...


Preempting The Police, David M. Jaros 2014 Boston College Law School

Preempting The Police, David M. Jaros

Boston College Law Review

The challenge of regulating police discretion is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows—unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of a free society but have largely failed to elicit a judicial or legislative response. This Article argues that, instead of establishing a floor for impermissible police misconduct and then ceding responsibility to ...


Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, PollyBeth Proctor 2014 University of Georgia School of Law

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress