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Freeze, You’Re On Camera: Can Body Cameras Improve American Policing On The Streets And At The Borders?, Connie Felix Chen 2017 University of Miami Law School

Freeze, You’Re On Camera: Can Body Cameras Improve American Policing On The Streets And At The Borders?, Connie Felix Chen

University of Miami Inter-American Law Review

In the United States, recent killings of civilians by law enforcement have propelled body cameras to the forefront of solutions to the “epidemic” of police misconduct. Preliminary studies suggest that body cameras create a win-win situation for both the police and the public by producing a civilizing effect on all parties involved. The problem, however, is that not every law enforcement agency has a body camera program. And among those that do, the surprising lack of legal action raises the question: How effective are body cameras in ensuring that justice is served?

This Note discusses the use of body cameras ...


From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas 2017 University of Michigan Law School

From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas

Articles

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark ...


The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr 2017 Rutgers University

The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr

Articles

This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and ...


Resurrecting Miranda's Right To Counsel, David Rossman 2017 Boston University School of Law

Resurrecting Miranda's Right To Counsel, David Rossman

Faculty Scholarship

The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:

1. Police would give the same Miranda warnings ...


No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell 2017 Western University

No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell

Western Journal of Legal Studies

Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.

In Canada, this traditional view of white-collar criminals ...


Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman 2017 DePaul University College of Law

Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman

Boston College International and Comparative Law Review

Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In this essay, I assert that targeted killings to combat terrorist threats should not be governed predominantly by the law of war but should be synthesized with widely recognized principles of international criminal justice. Targeted killings are now the only aspect of counter-terrorism policy that operates outside constraints of criminal justice and beyond judicial review. That many people are being killed without anything like due process of law undermines ...


O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee 2017 Boston College Law School

O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee

Boston College International and Comparative Law Review

Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...


Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl 2017 Wilfrid Laurier University

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm ...


Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson 2017 Pepperdine University

Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson

Pepperdine Law Review

Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified ...


Virginia Law Enforcement Retention, Brianna M. Egan Miss. 2017 Lynchburg College

Virginia Law Enforcement Retention, Brianna M. Egan Miss.

Student Scholar Showcase

When talking about retention, law enforcement agencies have been facing challenges with retaining their officers. Although problems associated with turnover effect all careers, there has been a significant rise in turnover rates within local law enforcement. Agencies invest a great deal of time, money, and other resources into training officers with the intentions of having them on their team for a while. This research aims to investigate different variables that may be related to officer retention within Sheriffs’ Offices. A cross-sectional survey was sent to all 123 Sheriffs’ Offices in the Commonwealth of Virginia for data collection. Although literature suggests ...


New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr. 2017 University of Rhode Island

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

With large global reach already, the journal Dignity is first of its kind in the world. A new journal devoted to the broad examination of sexual exploitation, violence and slavery has been launched by a prominent University of Rhode Island professor and researcher Donna M. Hughes. Since its debut last year, the first-of-its-kind online journal Dignity has been a global success, with people from more than 100 countries downloading articles, according to URI. 


The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, Tamar R. Birckhead 2017 Yale Law School

The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, Tamar R. Birckhead

Boston College Law Review

The existence of structural racism is not new. In fact, as the second decade of the twenty-first century comes to a close, there is evidence of a national political openness to acknowledging the phenomenon. This Article seizes upon this openness as it seeks to provide a fuller understanding of how structural racism operates within a branch of the criminal justice system that is often overlooked—the juvenile justice system. The Article offers a definition of racialization that acknowledges its multi-dimensional and fluid nature and the ways it is perpetuated via juvenile court rhetoric, processing, and procedure. It demonstrates how the ...


Terry Stops-And-Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris 2017 University of Pennsylvania Law School

Terry Stops-And-Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris

Faculty Scholarship at Penn Law

The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power ...


Omg - Not Something To Lol About: The Unintended Results Of Disallowing Warrantless Searches Of Cell Phones Incident To A Lawful Arrest Comments, Parker Jenkins 2017 Brigham Young University Law School

Omg - Not Something To Lol About: The Unintended Results Of Disallowing Warrantless Searches Of Cell Phones Incident To A Lawful Arrest Comments, Parker Jenkins

Brigham Young University Journal of Public Law

No abstract provided.


Behavioral Health Unit: Case Study At The Portland Police Department, Anne Sedlack 2017 University of Southern Maine

Behavioral Health Unit: Case Study At The Portland Police Department, Anne Sedlack

Thinking Matters

There are 8,000 law enforcement agencies in the United States. 1,000 have some form of specialized policing and response presence - which means that they have at least a few officers who are crisis intervention trained (CIT). 200 of these law enforcement agencies have some form of program that is beyond a few police officers trained in CIT. In 2016, there were 6 departments that were awarded a grant from the Department of Justice and Bureau of Justice Assistance. These six are currently learning sites dedicated to studying the affects of having a behavioral health specialized co-response team. The ...


Sexual Assault On College Campuses: An Epidemic And An Alternative Approach, Mark N. Devone 2017 La Salle University

Sexual Assault On College Campuses: An Epidemic And An Alternative Approach, Mark N. Devone

Undergraduate Research

Sexual assault is a major problem that is occurring at staggering rates on college campuses nationwide. Sexual Assault on College Campuses: An Epidemic and An Alternative Approach takes an in depth look at the problem at hand and discusses how the current ways of handling sexual assault cases and their faults. An alternative approach is introduced as a possible way to help fix the current sexual assault problem. The approach is Restorative Justice, which focuses on the rehabilitation of the offender and the healing of the victim through reconciliation techniques that include the victim, offender, and the community.


Bureaucracy As Violence, Jonathan Weinberg 2017 Wayne State University

Bureaucracy As Violence, Jonathan Weinberg

Michigan Law Review

Review of The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy by David Graeber.


Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid 2017 Lincoln Memorial University School of Law

Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid

West Virginia Law Review

In an era of diminishing privacy, the Internet of Things ("loT") has become a consensual and inadvertent tool that undermines privacy protection. The loT, really systems of networks connected to each other by the Internet or other radio-type device, creates consensual mass self-surveillance in such domains as fitness and the Fitbit, health care and heart monitors, "smart" houses and cars, and even "smart" cities. The multiple networks also have created a degree of interconnectivity that has opened up a fire hose of information for companies and governments alike, as well as making it virtually insuperable to live "off the grid ...


The Effects Of Mental Health Treatment In Correctional Facilities, Victoria Ziemek 2017 La Salle University

The Effects Of Mental Health Treatment In Correctional Facilities, Victoria Ziemek

Undergraduate Research

The purpose of this study is to investigate the effect of mental healthcare in the criminal justice system on post-release recidivism of people with serious mental illness (PSMI). It can be noted that mental illness is not the cause of criminal behavior, but there is a significant negative relationship between mental health services available while incarcerated and successful community reentry. A review of previous research on this topic was used to develop the hypotheses and questions tested in this study. The review provides evidence that PSMI who have been involved with more community based outpatient services have been more susceptible ...


The Murder Of Black Males In A World Of Non-Accountability: The Surreal Trial Of George Zimmerman For The Killing Of Trayvon Martin, Mark S. Brodin 2017 Boston College Law School

The Murder Of Black Males In A World Of Non-Accountability: The Surreal Trial Of George Zimmerman For The Killing Of Trayvon Martin, Mark S. Brodin

Mark S. Brodin

A critique of the "prosecution" of George Zimmerman for the murder of Trayvon Martin, concluding that the effort was botched from the beginning, tragically missing an early opportunity to hold killers of unarmed black youth accountable.


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