Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Recent Developments, 2020 University of Arkansas, Fayetteville
Recent Developments, Peyton Hildebrand
Arkansas Law Review
In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors ...
Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, 2020 Loyola Marymount University and Loyola Law School
Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan
Loyola of Los Angeles Law Review
No abstract provided.
How Do We Reach A National Tipping Point In The Campaign To Stop Solitary?, 2020 Northwestern Pritzker School of Law
How Do We Reach A National Tipping Point In The Campaign To Stop Solitary?, Amy Fettig
Northwestern University Law Review
The use and abuse of solitary confinement in American prisons, jails, and juvenile detention centers is at epidemic levels. On any given day 80,000 to 100,000 people in prisons are subjected to a practice considered inhumane and degrading treatment—even torture under international human rights standards. Despite widespread international condemnation, decades of research demonstrating the harm it inflicts on human beings, and a growing chorus from the medical community raising alarms about its impact on the brain, solitary confinement remains a routine prison-management strategy in correctional institutions nationwide. In the past decade, however, a growing movement has emerged ...
Foreword, 2020 Northwestern Pritzker School of Law
Foreword, David M. Shapiro, Emily Mccormick, Annie Prossnitz
Northwestern University Law Review
No abstract provided.
Understanding The Perceptions Of Supervision And Supervisory Behavior Of Patrol Precinct Patrol Supervisors In A Goal-Oriented Police Department, Jerry L. Garcia
Seton Hall University Dissertations and Theses (ETDs)
This research was focused on understanding the perceptions of patrol precinct Patrol Supervisors, within the New York City Police Department, as they relate to supervision of Police Officers in a goal-oriented police department, and whether there is a connection between this perception and a supervisors behavior.
In 1994, policing in the New York City Police Department had shifted to a predictive approach to law enforcement. Police Officers were now given performance objectives to achieve. Patrol Supervisors were given the responsibility to ensure that Police Officers met those objectives, and were held strictly accountable for it. Since accountability was now placed ...
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies, 2020 Northwestern Pritzker School of Law
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies, Margo Schlanger
Northwestern University Law Review
Among criminal justice reformers, it has long been hotly contested whether moderate reform helps or harms more efforts to achieve more thoroughgoing change. With respect to solitary confinement, do partial and ameliorative measures undermine the goal of solitary confinement abolition? Or do reformist campaigns advance—albeit incrementally—that ultimate goal? Call this a debate between “incrementalists” and “maximalists.” I offer this Essay as an appeal for empirical rather than aesthetic inquiry into the question. After summarizing nationwide reform litigation efforts that began in the 1970s, I try to shed some factual light by examining solitary reform efforts in two states ...
Tasing The Constitution: Conducted Electrical Weapons, Other Forceful Arrest Means, And The Validity Of Subsequent Constitutional Rights Waivers, Andreas Kuersten
William & Mary Bill of Rights Journal
Conducted electrical weapons (CEWs)—the most famous and widely used of which are offered under the TASER brand—are ubiquitous tools of law enforcement, carried by the vast majority of law enforcement officers and routinely deployed. These devices subdue targets by coursing electric current through their bodies, thereby causing individuals to collapse as their muscles involuntarily contract. Yet this method of operation has raised concerns—voiced by researchers, advocates, and criminal defendants alike—that CEWs influence cognitive capacity in addition to muscle function as electric current potentially transits through the brain via the central nervous system. In the context of ...
A Delphi Study Of Actions Needed For Active Shooter Preparedness To Lower The Number Of Casualties And Injuries During Active Shooter Incidents At K-12 Schools, Michael Maley
Purpose: The purpose of this Delphi study was to identify specific actions that experts perceive are needed for active shooter preparedness for educational facilities, to lower the active shooter incident casualties and injuries in the U.S. K-12 schools. The study also examined the degree of importance for the identified specific actions needed for active shooter preparedness at educational facilities and those actions most likely to be implemented.
Methodology: The research design for this study is utilizing the Delphi technique that provides a systematic process in collecting data of opinions from a panel of experts. The Delphi study includes collecting ...
The Politicization Of Crime And Its Implications, 2020 University of Central Florida
The Politicization Of Crime And Its Implications, Komysha Hassan
The Pegasus Review: UCF Undergraduate Research Journal (URJ)
The relationship between law enforcement and the public has recently come under scrutiny after a number of high-profile deaths of African-Americans at the hands of police officers. The ensuing public outcry has given way to a wide-ranging debate about the origins of such tension and why it has continued to manifest with such vigor despite apparent progress. This research attempts to uncover the underpinnings of this tension through a historical review of the development of the law enforcement institution and the narrative of crime in society. Specifically, this research investigates the role of federalization and politicization on crime and its ...
The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, 2020 Brooklyn Law School
The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton
Brooklyn Law Review
For more than forty years, New York Civil Rights Law section 50-a has harmed New Yorkers by shielding the release of police officers’ “personnel records,” including in the aftermath of substantiated complaints of misconduct. With the aid of numerous New York Court Appeals decisions, this statute progressively transformed from a relatively nuanced protection for testifying officers during trial, to its ultimate status as an outright bar to virtually all public disclosures. In fact, the New York Court Appeals has even held that section 50-a supersedes New York’s Freedom of Information Law (FOIL), thereby prohibiting even redacted FOIL disclosures. By ...
Officer-Involved Deaths In Nevada 2013-2019, 2020 University of Nevada, Las Vegas
Officer-Involved Deaths In Nevada 2013-2019, Madison Frazee-Bench, Yanneli Llamas, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.
Between 2013 and 2019, 7,669 people were killed by police officers across the United States. Using data compiled by Mapping Police Violence, a non-profit research and advocacy project tracking incidents of police violence throughout the U.S., this fact sheet focuses on officer-involved deaths in the State of Nevada between January 2013 and December 2019.
Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, 2020 University of Richmond
Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar
VA Engage Journal
The United States has the highest rate of incarceration in the world. Even though the rate of crime is dropping, incarceration rates remain fairly steady. What’s more, recidivism (i.e., re-offending after conviction for other crimes) is also very high in the US. If offenders continue to offend, even after completing their sentences in a correctional system designed to address their underlying criminal activity, what is the point of having such a system? Can the system be made more accountable and better? Have we considered all the options for criminal reform? This article explores these questions using effective rehabilitation ...
Private Affairs: Public Employees And The Right To Sexual Privacy, 2020 Cleveland-Marshall College of Law
Private Affairs: Public Employees And The Right To Sexual Privacy, Susan A. Jacobsen
Cleveland State Law Review
Currently, the federal circuit courts split on whether public employers can discipline their employees for legal, off-duty sexual activity. The Fifth and Tenth Circuits permit discipline in these scenarios; the Ninth Circuit does not. At issue is whether certain public employees, like police officers, should be held to a higher standard because of their duty to the public or whether the Constitution entitles them to privacy rights that shield them from discipline. This Note concludes the latter and argues against punishing the legal, off-duty sexual conduct of all public employees. Because the right to sexual privacy already exists within the ...
Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, 2020 Seattle University School of Law
Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson
Seattle Journal for Social Justice
No abstract provided.
Atoning For Dred Scott And Plessy While Substantially Abolishing The Death Penalty, 2020 Chapman University School of Law
Atoning For Dred Scott And Plessy While Substantially Abolishing The Death Penalty, Scott W. Howe
Washington Law Review
Has the Supreme Court adequately atoned for Dred Scott and Plessy? A Court majority has never confessed and apologized for the horrors associated with those decisions. And the horrors are so great that Dred Scott and Plessy have become the anti-canon of constitutional law. Given the extraordinary circumstances surrounding the Court’s historical complicity in the brutal campaign against African Americans, this Article contends that the Court could appropriately do more to atone.
The Article asserts that the Court could profitably pursue atonement while abolishing capital punishment for aggravated murder. The Article shows why substantial abolition of the capital sanction ...
Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, 2020 St. Mary's University School of Law
Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair
St. Mary's Law Journal
The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because ...
Psychopathy And Police Officers: A Cross-Sectional Analysis Of The Relationship Between Psychopathic Traits And Police Work Across Temporal Factors, Hunter N. Moore
It’s estimated that psychopathic personalities constitute about 1% of the general population but is seen at elevated rates in particularly stressful and harsh environments (Babiak & Hare, 2006; Hare, 1996). A career in law enforcement is one known to be uniquely stressful (Lucas et al., 2012), and the trauma from their career seems to be having an impact on their personality (Wills & Schuldberg, 2016). While psychopathy traits have been reported in police officers (Próchniak, 2012), these traits have yet to be assessed as a function of time. The current study explores these relationships by assessing psychopathy traits, as measured by the Psychopathic ...
Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, 2020 The Graduate Center, City University of New York
Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones
Dissertations, Theses, and Capstone Projects
Aim: This dissertation examines people’s beliefs about police officer access to body-worn camera footage, people’s judgments of officer credibility as it relates to video footage, and the consequences that review of footage has on reporting accuracy.
Rationale: With escalating police-civilian tensions in 2014, American police departments adopted body-worn camera programs. A majority of departments have policies allowing officers unrestricted access to camera footage. Because officers fear that inconsistencies between reports and videos could result in suspicion of officer deceit, they argue that officers should have access to footage before writing their reports to ensure reports match the footage ...
Civil Rights Ecosystems, 2020 UCLA School of Law
Civil Rights Ecosystems, Joanna C. Schwartz
Michigan Law Review
The Philadelphia and Houston Police Departments are similarly sized, but over a recent two-year period, ten times more civil rights suits were filed against Philadelphia and its officers than were filed against Houston and its officers. Plaintiffs in cases brought against Philadelphia and its officers were awarded one hundred times more in settlements and judgments. What accounts for these differences? Although the frequency and severity of misconduct and injury may play some role, I contend that the volume and outcome of civil rights litigation against any given jurisdiction should be understood as a product of what I call its civil ...