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

Law Enforcement and Corrections Commons

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

1,489 Full-Text Articles 919 Authors 388,338 Downloads 80 Institutions

All Articles in Law Enforcement and Corrections

Faceted Search

1,489 full-text articles. Page 1 of 17.

Structural Police Reform, Stephen Rushin 2015 University of Illinois College of Law

Structural Police Reform, Stephen Rushin

Stephen Rushin

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 ...


Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown 2014 San José State University

Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown

Timothy Brown

The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates ...


Examining Student Perceptions: Ethics And Misconduct In Today's Police Department, William Andrew Davis 2014 The University of Southern Mississippi

Examining Student Perceptions: Ethics And Misconduct In Today's Police Department, William Andrew Davis

Master's Theses

Police ethics and decision making are issues of concern to both academic scholars and police leaders. While previous studies have focused on perceptions of police officers, little research has focused on the perceptions of young people about police ethical decision-making. This study aims to capture such perceptions from a cohort of college students majoring in criminal justice. Students from an undergraduate criminal justice program (n=263) were surveyed to determine their attitudes toward various ethical components of police work, including the prevalence of misconduct and the impact of a college education on ethical decision-making. Moreover, the effect of successful completion ...


E-Citation $5 Fee Authorized In Tennessee, Karen Blake 2014 University of Tennessee, Knoxville

E-Citation $5 Fee Authorized In Tennessee, Karen Blake

Karen Blake

A short description of recent legislation permitting Tennessee cities to adopt a $5 e-citation fee for a period of 5 years.


The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton 2014 University of Pennsylvania Law School

The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate ...


Challenging Unjust Convictions Under Section 1983, Leon Friedman 2014 Touro College Jacob D. Fuchsberg Law Center

Challenging Unjust Convictions Under Section 1983, Leon Friedman

Touro Law Review

No abstract provided.


A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman 2014 Boston College Law School

A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman

Boston College Journal of Law & Social Justice

Richard Nixon fundamentally changed the prison system in America when he launched the “War on Drugs” in 1969, leading to a series of federal laws imposing harsh mandatory sentences on drug offenders. In an attempt to shield children from drugs, New Jersey followed other states in passing a “drug-free school zone” statute. The statute imposed harsh mandatory minimum sentences for all drug offenders arrested within 1,000 feet of schools, regardless of whether children were involved. This law has had a disparate impact on minorities in New Jersey, who disproportionately populate urban communities that happen to be located within all-encompassing ...


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz 2014 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Touro Law Review

No abstract provided.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein 2014 Touro College Jacob D. Fuchsberg Law Center

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Federal Enforcement Of Police Reform, Stephen Rushin 2014 University of Illinois College of Law

Federal Enforcement Of Police Reform, Stephen Rushin

Stephen Rushin

Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics initially praised the law’s passage, many have since worried that the Department of Justice (DOJ) has not effectively administered the measure. Little research has analyzed how the DOJ has used its authority to initiate structural police reform. Using a combination of qualitative and quantitative methods, I ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson 2014 Boston College Law School

The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson

Boston College Journal of Law & Social Justice

Police misconduct is still prevalent throughout the United States. Unfortunately for members of minority communities, this misconduct often comes in the form of racially discriminatory police practices. In many cases, such practices are deeply rooted in the police department’s culture. It is imperative that all citizens are equipped with every possible safeguard from such abuse at the hands of the police. In Massachusetts and Illinois, however, wiretapping and eavesdropping laws prevent people from employing one such safeguard that has proven to help change unconstitutional police practices. The safeguard that those laws criminalize is the ability to surreptitiously record on-duty ...


Collateral Damage: Drug Enforcement & Its Impact On The Deportation Of Legal Permanent Residents, Wilber A. Barillas 2014 Boston College Law School

Collateral Damage: Drug Enforcement & Its Impact On The Deportation Of Legal Permanent Residents, Wilber A. Barillas

Boston College Journal of Law & Social Justice

The United States’ legislation and jurisprudence regulating the deportation of legal permanent residents is harsh by many standards. The harshness of the legal regime is particularly acute as it relates to minor drug crimes. Under current U.S. law, possession of a single pill of Xanax leads to mandatory detention and can even lead to deportation. This Note explores the impact that the United States’ drug policy has had on deportation law, the current legislative regime surrounding drug-based deportations, the changing landscape of drug enforcement, and the lack of meaningful protection that current legislation and jurisprudence affords permanent residents facing ...


Suspicionless Searches: U.S. V. King And The Ninth Circuit’S Dismissal Of The Probationer-Parolee Distinction, Tricia Nicholson 2014 Boston College Law School

Suspicionless Searches: U.S. V. King And The Ninth Circuit’S Dismissal Of The Probationer-Parolee Distinction, Tricia Nicholson

Boston College Journal of Law & Social Justice

In U.S. v. King, the U.S. Court of Appeals for the Ninth Circuit considered whether a suspicionless search of a probationer, conducted pursuant to a condition of his probation, violated the Fourth Amendment. The Ninth Circuit held that the search did not violate the Fourth Amendment because legitimate governmental interests outweighed the probationer’s privacy interest. In conducting the balancing test, however, the court failed to give significance to the distinction between probationers and parolees for Fourth Amendment purposes and used an analysis that overrides any individual privacy interest that a probationer may have.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson 2014 University of Pennsylvania Law School

Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson

Faculty Scholarship

The essay surveys the law in the fifty-two American jurisdictions with regard to the three doctrines that commonly provide a mitigation or defense to murder liability: common law provocation and its modern counterpart, extreme mental or emotional disturbance; the so-called diminished capacity defense and its modern counterpart, mental illness negating an offense element; and the insanity defense. The essay then examines the patterns among the jurisdictions in the particular formulation they adopt for the three doctrines, and the combinations in which those formulations commonly appear in different jurisdictions. After this review, the essay steps back to see what kinds of ...


Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy 2014 University of Michigan Law School

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

University of Michigan Journal of Law Reform

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim ...


Digital Commons powered by bepress