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Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon 2017 University of California Berkeley School of Law

Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon

Northwestern University Law Review

For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and sanctioning stages of the criminal process; yet, the patterns of over-incarceration and police violence, which are especially concentrated on people of color, have actually gotten worse during the same period. Seen in terms of its deeper history however, the carceral state is no longer puzzling: it has ...


Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares 2017 Yale Law School

Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares

Northwestern University Law Review

Like the education system, the criminal justice system offers both formal, overt curricula—found in the Bill of Rights, and informal or “hidden” curricula—embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as “peace officers” tasked with public safety and concern for individual rights, but the hidden curriculum, fraught with racially targeted stop and frisks and unconstitutional exercises of force, teaches many that they are members of a special, dangerous, and undesirable class. The social psychology of how people understand the fairness of legal ...


Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts 2017 University of Pennsylvania

Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts

Northwestern University Law Review

The criminal justice system currently functions to exclude black people from full political participation. Myriad institutions, laws, and definitions within the criminal justice system subordinate and criminalize black people, thereby excluding them from electoral politics, and depriving them of material resources, social networks, family relationships, and legitimacy necessary for full political citizenship. Making criminal law democratic requires more than reform efforts to improve currently existing procedures and systems. Rather, it requires an abolitionist approach that will dismantle the criminal law’s anti-democratic aspects entirely and reconstitute the criminal justice system without them.


From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler 2017 Yale Law School

From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler

Northwestern University Law Review

Society would gain if the police moved away from the goal of harm reduction via crime reduction and toward promoting the economic, social, and political vitality of American communities. Research suggests that the police can contribute to this goal if they design and implement their policies and practices in ways that promote public trust. Such trust develops when the police exercise their authority in ways that people evaluate as being procedurally just.


Are Dhs Technology Grants For Local Police Departments An Effective Tool Against Terrorism?, Erika McGinty 2017 CUNY John Jay College

Are Dhs Technology Grants For Local Police Departments An Effective Tool Against Terrorism?, Erika Mcginty

Student Theses

This paper examines the effectiveness of allocating funds to the nation’s police departments for the prevention of domestic terrorism, as is done annually through the Department of Homeland Security’s Homeland Security Grants Program. The program, administered by the Federal Emergency Management Administration, has distributed billions of dollars since its 2003 inception in equipment, software, and technology services based on the recipient police agencies’ own risk assessments of local terrorism. Much of the technology desired by police consists of systems of mass surveillance; this thesis focuses on implementations of surveillance video cameras or CCTV, license plate readers, and unmanned ...


Police Officer Followership, Bradley W. Gronke 2017 Governors State University

Police Officer Followership, Bradley W. Gronke

All Capstone Projects

The problem within the River Grove Police Department is that the majority of our leadership is getting close to retirement and there is minimal leadership training available for our patrol officers that will soon fill those leadership roles. Action research with the River Grove Police Department explored this problem. Utilizing a foundation of theoretical framework based upon followership, career development, and leader-member exchange three objectives were identified and accomplished through this research. This research identified that there was not a positive linear relationship between followership typology, age and years of experience groups. It also identified if there was a perception ...


Intutitve Decision-Making: Engagement, Agency, And Leverage, Roger E. Callese 2017 Governors State University

Intutitve Decision-Making: Engagement, Agency, And Leverage, Roger E. Callese

All Capstone Projects

This project explored law enforcement decision-making through the review of decision-making literature, consideration of the Critical Decision Model (CDM), and semistructured interviews with law enforcement officers. In 2016, the Police Executive Research Forum (PERF) recommended the adoption and use of the CDM by law enforcement officers as a new way to approach tactical decisions. A review of the CDM suggests a linear, rational, weighing of options by officers. While this may be an excellent tool for slowly developing situations, for pre-mortems, or for debriefing, the CDM step four (identify options and determine best course of action) and step five (act ...


Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman 2017 University of Miami Law School

Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman

University of Miami Race & Social Justice Law Review

The evolution of the juvenile criminal court system has involved a sharp movement away from the nineteenth century “rehabilitative ideal” to today’s state of hyperincarceration and punitive policies of control. Amongst the unintended and under-recognized harms of our carceral state includes a generation of minority children growing up with imprisoned parents. This analysis spotlights the tangible effects of parental incarceration on juvenile growth and development, which creates risks for further mass incarceration. This note suggests that restorative justice may offer an alternative method of “punishment” that can work towards breaking the connection between parental incarceration and adverse life outcomes ...


The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein 2017 University of Miami Law School

The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein

University of Miami Race & Social Justice Law Review

Although the Supreme Court’s recent decision in Obergefell v. Hodges provided some indication of equality for members of the LBGTQ community, the sad truth is that discrimination against those who do not identify as “heterosexual” reaches far deeper than the right to marry. This discrimination is especially present with regards to biased treatment by law enforcement officers and a lack of accommodations or protections within the court and prison systems. In a nation that has seen various groups of people fight for and earn their equality over and over again, it is truly concerning that the LGBTQ community is ...


Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley 2017 Liberty University

Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley

Masters Theses

Mental illness is a prevalent issue and many times individuals diagnosed with a mental illness are repeat offenders within the criminal justice system; therefore, it is important to understand the problems at hand and find ways to handle the problems, or best yet take preventative measures to stop the problems from ever occurring. The literature review and interviews show that the criminal justice system seems to be handling mental illness in the best way possible with the current resources that are available to them. However, the literature review and interviews also show that an increase in resources and training on ...


Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd 2017 Selected Works

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Cleaning Up The Standards Of The Mental Hygiene Law: State V. Dennis K. And Civil Commitment, Maria Benvenuto 2017 Boston College Law School

Cleaning Up The Standards Of The Mental Hygiene Law: State V. Dennis K. And Civil Commitment, Maria Benvenuto

Boston College Journal of Law & Social Justice

On July 5, 2016, in State v. Dennis K., the Court of Appeals of New York upheld the civil commitment of two individuals in accordance with article 10 of the Mental Hygiene Law. The majority relied on the testimony of expert witnesses and the individuals’ past criminal records to classify them as possessing a “mental abnormality” that predisposes them to commit sexual offenses, a necessary element of a civil commitment finding. The court ultimately found the evidence presented sufficient to make this classification and indefinitely restrict the freedom of such individuals. In contrast, the dissent emphasized the lack of certainty ...


Trapped To Confess: State V. Gray And Arizona’S Outlier Entrapment Statute, Venus Chui 2017 Boston College Law School

Trapped To Confess: State V. Gray And Arizona’S Outlier Entrapment Statute, Venus Chui

Boston College Journal of Law & Social Justice

On June 20, 2016, in State v. Gray, the Arizona Supreme Court held that for a defendant to invoke the defense of entrapment, he or she must affirmatively admit each element of the crime. The case emerged after Maverick Gray was arrested and charged for selling cocaine to an undercover police officer, and raised the entrapment defense at trial without disputing the government’s evidence of his guilt. The court explained that simply choosing not to challenge the evidence does not rise to the level of an affirmative admission. The dissent persuasively argued that Arizona’s entrapment statute is draconian ...


Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney 2017 Boston College Law School

Mean Muggin’ No More: Detroit Free Press V. U.S. Dep’T Of Justice And A Non-Trivial Privacy Interest In Booking Photographs, Meghan Looney

Boston College Journal of Law & Social Justice

On July 14, 2016, the U.S. Court of Appeals for the Sixth Circuit held that criminal defendants have a legitimate privacy interest in their booking photographs, thereby reversing and remanding a grant of summary judgment in favor of the Detroit Free Press’s request for the booking photographs of four police officers who had recently been indicted for bribery and drug conspiracy. In holding that the public disclosure of booking photographs may constitute an unwarranted invasion of personal privacy, the majority overturned twenty years’ worth of Sixth Circuit precedent. The court properly acknowledged that booking photographs convey a portrait ...


The Limits Of Executive Clemency: How The Virginia Supreme Court Blocked The Restoration Of Felons’ Political Rights In Howell V. Mcauliffe, Alexander Pringle 2017 Boston College Law School

The Limits Of Executive Clemency: How The Virginia Supreme Court Blocked The Restoration Of Felons’ Political Rights In Howell V. Mcauliffe, Alexander Pringle

Boston College Journal of Law & Social Justice

On July 22, 2016, the Supreme Court of Virginia found Virginia Governor Terence McAuliffe’s actions restoring full political rights to 206,000 Virginians convicted of a felony unconstitutional. At the same time, the court issued a writ of mandamus ordering Commonwealth officials to remove these convicted felons from the voting rolls and return their names to the list of prohibited voters. Governor McAuliffe had restored the political rights of these released felons en masse, via a single Executive Order on April 22, 2016, eschewing the typical case-by-case review process for restoration of voting rights. The majority in the case ...


Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky 2017 University of California, Irvine School of Law

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen 2017 IIT Chicago-Kent College of Law

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


Marijuana Legalization And Nosy Neighbor States, Alex Kreit 2017 Thomas Jefferson School of Law

Marijuana Legalization And Nosy Neighbor States, Alex Kreit

Boston College Law Review

As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...


Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey 2017 UC Davis School of Law

Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey

Boston College Law Review

In the wake of a December 2014 decision by the Department of Justice to deprioritize enforcement of federal marijuana laws against tribes as well as states, many tribes have reevaluated their policies toward marijuana. Tribal attitudes toward marijuana are diverse; some tribes regard marijuana as a public health menace, whereas others see it as a source of economic opportunity. Where tribal policies are significantly more or less restrictive than those of the surrounding state, tribal-state relations have often suffered friction. The problem is particularly acute given the jurisdictional uncertainty that characterizes Indian country and the absence of any equivalent to ...


Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky 2017 University of California, Irvine School of Law

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Boston College Law Review

No abstract provided.


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