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

Law Enforcement and Corrections Commons

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

2,831 Full-Text Articles 2,017 Authors 1,245,924 Downloads 162 Institutions

All Articles in Law Enforcement and Corrections

Faceted Search

2,831 full-text articles. Page 2 of 59.

Policing, Technology, And Doctrinal Assists, Bennett Capers 2018 University of Florida Levin College of Law

Policing, Technology, And Doctrinal Assists, Bennett Capers

Florida Law Review

Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and do—and the government has access to them.” The message is clear. Big Brother is watching. And we should be afraid.

But the police use of technology, or what this Article terms “techno-policing,” does not have to be dystopian. This Article challenges conventional thinking and ...


Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott 2018 Boston College Law School

Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott

Boston College Law Review

On June 6, 2017, in Lowry v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit sitting en banc upheld a district court’s grant of summary judgment, dismissing a claim under 42 U.S.C. § 1983 for use of excessive force in violation of the Fourth Amendment to the U.S. Constitution, in the context of “bite and hold” training for police dogs. This Comment argues that although the use of force in Lowry may have been reasonable, the court was incorrect in deciding this question as a matter of law. The fact-intensive objective ...


If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch 2018 Boston College Law School

If Technology Is The Hare, Is Congress The Tortoise? Split Circuits In The Wake Of Dahda, Michael Koch

Boston College Law Review

In United States v. Dahda, the U.S. Court of Appeals for the Tenth Circuit held that, under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (“Title III”), the lower court properly denied Dahda’s motion to suppress evidence gathered by law enforcement using a mobile interception device—a device that wiretaps cell phones. A key part of the decision focused on the definition of mobile interception devices. The Tenth Circuit defined them as devices used to intercept communications that are movable. The Seventh Circuit, in contrast, has defined mobile interception devices as devices used ...


The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook III 2018 Boston College Law School

The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii

R. Michael Cassidy

According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward about police ...


Gutting The Fourth Amendment: Judicial Complicity In Racial Profiling And The Real-Life Implications, Mary N. Beall 2018 University of Minnesota Law School

Gutting The Fourth Amendment: Judicial Complicity In Racial Profiling And The Real-Life Implications, Mary N. Beall

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Progress Toward National Estimates Of Police Use Of Force, Joel H. Garner, Matthew J. Hickman, Ronald W. Malega, Christopher D. Maxwell 2018 Portland State University

Progress Toward National Estimates Of Police Use Of Force, Joel H. Garner, Matthew J. Hickman, Ronald W. Malega, Christopher D. Maxwell

Criminology and Criminal Justice Faculty Publications and Presentations

This research builds on three decades of effort to produce national estimates of the amount and rate of force used by law enforcement officers in the United States. Prior efforts to produce national estimates have suffered from poor and inconsistent measurements of force, small and unrepresentative samples, low survey and/or item response rates, and disparate reporting of rates of force. The present study employs data from a nationally representative survey of state and local law enforcement agencies that has a high survey response rate as well as a relatively high rate of reporting uses of force. Using data on ...


“Warning: Use May Result In Cruel And Unusual Punishment”: How Administrative Law And Adequate Warning Labels Can Bring About The Demise Of Lethal Injection, Julia Eaton 2018 Boston College Law School

“Warning: Use May Result In Cruel And Unusual Punishment”: How Administrative Law And Adequate Warning Labels Can Bring About The Demise Of Lethal Injection, Julia Eaton

Boston College Law Review

Lethal injection, although currently the preferred method of execution in the United States, causes more botched executions than any other method. Despite recorded instances of extreme pain and suffering, the United States Food and Drug Administration (“FDA”) does not regulate lethal injection drugs for safety and effectiveness because their use occurs “off-label” and thus outside of the purview of the FDA’s regulatory scope. Challengers to the FDA’s lack of regulation have thus far been unsuccessful in the courts due to the deference that the courts give to agency decisions. This Note discusses the ways in which administrative law ...


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger 2018 Georgia State University College of Law

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill 2018 Georgia State University College of Law

Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill

Georgia State University Law Review

The Act amends Georgia’s probation laws by shortening the amount of time offenders spend on probation, providing local supervision, and creating a more efficient use of resources within the criminal justice system. The Act permits the transfer from parole to probation and the use of local supervision for certain offenders. The Act also allows for early release of probationers who meet the terms of their probation. The Act creates a process to automatically generate a request for early termination of probation for certain low-level offenses after the offender successfully completes three years of probation.


Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr. 2018 Georgia State University College of Law

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.


Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey 2018 University of Windsor

Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey

Social Work Publications

Purpose – This scoping review thoroughly scanned research on race, contacts with police and attitudes toward police. An exploratory meta-analysis then assessed the strength of their associations and interaction in Canada and the USA. Key knowledge gaps and specific future research needs, synthetic and primary, were identified. The paper aims to discuss these issues.

Design/methodology/approach – A germinal methodological framework for conducting scoping reviews was used (Arksey and O’Malley, 2005). The authors searched for published or unpublished research over the past 15 years and retrieved 33 eligible surveys, 19 of which were included in a sample-weighted meta-analysis.

Findings – The ...


Ferpa Close-Up: When Video Captures Violence And Injury, Kitty L. Cone, Richard J. Peltz-Steele 2018 University of Oklahoma College of Law

Ferpa Close-Up: When Video Captures Violence And Injury, Kitty L. Cone, Richard J. Peltz-Steele

Oklahoma Law Review

No abstract provided.


United States V. Lambis: A Good Call For Cellphones, Cell-Site Simulators, And The Fourth Amendment, Kathryn E. Gardner 2018 University of Oklahoma College of Law

United States V. Lambis: A Good Call For Cellphones, Cell-Site Simulators, And The Fourth Amendment, Kathryn E. Gardner

Oklahoma Law Review

No abstract provided.


Mental Disorder And Criminal Justice, Stephen J. Morse 2018 University of Pennsylvania Law School

Mental Disorder And Criminal Justice, Stephen J. Morse

Faculty Scholarship

This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements ...


The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger 2018 University of Michigan Law School

The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger

Articles

On any given day, about 2.2 million people are confined in U.S. jails and prisons—nearly 0.9% of American men are in prison, and another 0.4% are in jail. This year, 9 or 10 million people will spend time in our prisons and jails; about 5000 of them will die there. A decade into a frustratingly gradual decline in incarceration numbers, the statistics have grown familiar: We have 4.4% of the world’s population but over 20% of its prisoners. Our incarceration rate is 57% higher than Russia’s (our closest major country rival in ...


Deterrence, David Crump 2018 University of Houston Law Center

Deterrence, David Crump

St. Mary's Law Journal

Abstract forthcoming


Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. McPherson 2018 St. Mary's University School of Law

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming


Examining Correctional Leadership Styles That Encourage Cooperative Compliance From Federal Offenders, Paul Gonzalez 2018 University of New England

Examining Correctional Leadership Styles That Encourage Cooperative Compliance From Federal Offenders, Paul Gonzalez

All Theses And Dissertations

Since its inception in 1930, the Federal Bureau of Prisons has experienced tremendous growth in its inmate population. Concluding 1930 with 14 federal prisons, the Bureau of Prisons now maintains 122 federal prisons, and is accountable for over 180,000 federal offenders within federal prisons walls and within contracted correctional centers. The federal inmate population has also grown in diversity, and training offered by the Bureau of Prisons to its employees has not transformed in a manner that addresses the rise in offender diversity. Officers are left to independently devise various leadership styles to meet the needs of the organization ...


The Federal Rules Of Inmate Appeals, Catherine T. Struve 2018 University of Pennsylvania Law School

The Federal Rules Of Inmate Appeals, Catherine T. Struve

Faculty Scholarship

The Federal Rules of Appellate Procedure turn fifty in 2018. During the Rules’ half-century of existence, the number of federal appeals by self-represented, incarcerated litigants has grown dramatically. This article surveys ways in which the procedure for inmate appeals has evolved over the past 50 years, and examines the challenges of designing procedures with confined litigants in mind. In the initial decades under the Appellate Rules, the most visible developments concerning the procedure for inmate appeals arose from the interplay between court decisions and the federal rulemaking process. But, as court dockets swelled, the circuits also developed local case management ...


Digital Commons powered by bepress