Corrections For Racial Disparities In Law Enforcement, 2019 William & Mary Law School
Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred
Christopher L. Griffin Jr.
Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic ...
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, 2019 Bowling Green State University
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler
WRIT: Journal of First-Year Writing
In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a ...
Justice On The Line: Prosecutorial Screening Before Arrest, 2019 William & Mary Law School
Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz
Police make more than eleven million arrests every year. Yet prosecutors dismiss about 25% of criminal charges with no conviction being entered. Needless arrests are therefore clogging the criminal justice system and harming criminal defendants. For instance, Freddie Gray was fatally injured in police custody after being arrested for possession of a switchblade knife. Prosecutors later announced, however, that they did not believe the knife was actually illegal. If prosecutors had to approve warrantless arrests before police could take suspects into custody, Freddie Gray would still be alive. Yet prosecutors’ offices almost never dictate who the police should or should ...
The Mosaic Theory Of The Fourth Amendment, 2019 George Washington University Law School
The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr
In the Supreme Court's recent decision on GPS surveillance, United States v. Jones, five justices authored or joined concurring opinions that applied a new approach to interpreting Fourth Amendment protection. Before Jones, Fourth Amendment decisions had always evaluated each step of an investigation individually. Jones introduced what we might call a "mosaic theory" of the Fourth Amendment, by which courts evaluate a collective sequence of government activity as an aggregated whole to consider whether the sequence amounts to a search. This Article considers the implications of a mosaic theory of the Fourth Amendment. It explores the choices and puzzles ...
Federalizing Death, 2019 University at Buffalo School of Law
Federalizing Death, George Kannar
No abstract provided.
State Labor Law And Federal Police Reform, 2019 Loyola University Chicago School of Law
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
No abstract provided.
Interrogation Parity, 2019 Loyola University Chicago School of Law
Interrogation Parity, Stephen Rushin, Kate Levine
This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create ...
Police Executive Opinions Of Legal Regulation, 2019 Loyola University Chicago School of Law
Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski
By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.
At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.
These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal ...
De-Policing, 2019 Loyola University Chicago School of Law
De-Policing, Stephen Rushin, Griffin Sims Edwards
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on ...
Police Union Contracts, 2019 Loyola University Chicago School of Law
Police Union Contracts, Stephen Rushin
This Article empirically demonstrates that police departments' internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.
Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in American police departments. In theory, these external legal mechanisms should increase the costs borne by police departments in cases of officer misconduct, forcing rational police supervisors to enact rigorous disciplinary procedures. But these external mechanisms have failed to bring about organizational change in local police departments. This Article argues that state labor ...
From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, 2019 Loyola University Chicago School of Law
From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, Stephen Rushin
The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation's history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police ...
Commodifying Policing: A Recipe For Community-Police Tensions, 2019 Washington and Lee University School of Law
Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner
Nora V. Demleitner
This Article, in Part II, begins with a description of how municipalities, at least since the recession of 2008, have fallen short of fully funding their departments. Part III focuses on four distinct outside funding components and their impact on policing. The first subsection discusses asset forfeitures, under both state and federal law. Subsection two highlights revenue derived from citations, often in the form of traffic tickets. A discussion of fees that are being added to fines, often to fund courts, probation agencies, and police departments, follows. The increasing amounts and types of fees imposed have substantially increased the burden ...
Recent Developments, 2019 University of Michigan, Ann Arbor
Recent Developments, Raelynn J. Hillhouse
Arkansas Law Review
No abstract provided.
Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, 2019 University of Pennsylvania Law School
Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse
Faculty Scholarship at Penn Law
Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about ...
Promise-Induced False Confessions: Lessons From Promises In Another Context, 2019 Boston College Law School
Promise-Induced False Confessions: Lessons From Promises In Another Context, Margaux Joselow
Boston College Law Review
People are generally skeptical that someone would falsely confess to a crime he or she did not commit. Nonetheless, a myriad of convicts exonerated by DNA and the rapidly emerging scientific literature on the subject calls into question this long-standing belief. Scholars in the field now recognize that personal and situational risk factors, including promises of leniency, heighten the risk of a false confession. Promises of leniency have been shown to be particularly coercive in interrogations and to produce unusually persuasive testimony in the courtroom. Due to a failure to recognize the power behind these promises, our justice system does ...
The Death Penalty And The Fundamental Right To Life, 2019 Quinnipiac University School of Law
The Death Penalty And The Fundamental Right To Life, Kevin M. Barry
Boston College Law Review
For over forty years, the Supreme Court has held that the death penalty is not invariably cruel and unusual in violation of the Eighth Amendment. But the Court has never addressed—let alone decided—whether the death penalty per se deprives the fundamental right to life in violation of substantive due process. The legal literature has followed suit, scarcely addressing the issue. This Article makes the case for why the death penalty violates the fundamental right to life. It first argues that the condemned have a fundamental right to life based on a history and tradition of diminished support for ...
Bare Necessity: Simplifying The Standard For Admitting Showup Identifications, 2019 Boston College Law School
Bare Necessity: Simplifying The Standard For Admitting Showup Identifications, J.P. Christian Milde
Boston College Law Review
In 1967, the Supreme Court held that admitting the results of an unnecessarily suggestive police identification procedure could violate a defendant’s right to due process. Over the next decade, several rulings narrowed and clarified the standard into the Brathwaite test, which remains in use today. This test allows the admission of identifications obtained through unnecessarily suggestive procedures if a court finds the identification to nonetheless be reliable. Applying the test requires courts to rule on a procedure’s necessity, its suggestiveness, and the resulting identification’s reliability. Making these determinations forces courts to grapple with intertwined questions of law ...
Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, 2019 Minnesota State University, Mankato
Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, Pat Nelson
Pat Nelson, Ph.D.
Greek University Students And The Smoke-Free Law: Learning About Rights And Duties In A Community Of Practice, 2019 University of Ioannina
Greek University Students And The Smoke-Free Law: Learning About Rights And Duties In A Community Of Practice, Luciana Benincasa
The Qualitative Report
This paper is about Greek university students’ violation of the smoking law in public venues and their understanding of rights, duties and responsibilities. Thirty-one students (21 smokers) were interviewed and asked to describe and discuss their own and other students’ behaviour in relation to smoking in closed public places in terms of rights and duties. Additional material from the printed and electronic press has been used to provide a context to the students’ statements. Participant-smokers’ systematic violations of the smoke-free law spring from a peculiar view of rights, duties and responsibilities. Both behaviour and its theoretical underpinnings are reinforced in ...
Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, 2019 Brooklyn Law School
Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans
Brooklyn Law Review
The Trump administration’s aggressive immigration enforcement campaign calls on hundreds of thousands of local police officers and county sheriffs to identify and detain people suspected of violating federal civil immigration law. The immigration detainer is a key mechanism of Trump’s campaign and is on the rise. A detainer asks local law enforcement officers to hold individuals beyond the period authorized by local law so that federal immigration officials have additional time to take custody of the person. In practice, detainers attach the threat of deportation to any contact with local police. Immigrant rights advocates have challenged the use ...