A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, 2021 William & Mary Law School
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts
William & Mary Bill of Rights Journal
The interrogation process is central to the investigation and resolution of criminal matters throughout the world. It is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different approaches to the interrogation process in different nations. This Article developed through a series of conversations between six international criminal justice professionals— practicing attorneys, scholars, and judges—regarding the interrogation practices and rules in their respective countries. Providing a comparative look at this important area, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England and Wales, New Zealand, and the …
A Qualitative Investigation Into The Trauma Exhibited By First Responders Tackling The Opioid Epidemic In Tennessee, 2021 East Tennessee State University
A Qualitative Investigation Into The Trauma Exhibited By First Responders Tackling The Opioid Epidemic In Tennessee, Thalia Sullivan
Electronic Theses and Dissertations
Recent increases in opioid overdose rates have changed the role of first responders on the front lines of this national crisis. The present study used a semi-structured qualitative interview to investigate how the increase in opioids, opioid-related harm, and opioid-related death within Tennessee has affected the first responder population. Law enforcement officers, firefighters, and paramedics (N = 30) from rural-serving counties in Tennessee completed a semi-structured interview. Eight themes emerged from the interviews: (1) mental health symptoms, including posttraumatic stress disorder and secondary traumatic stress symptoms; (2) coping behaviors; (3) available resources; (4) barriers to accessing resources; (5) recommendations …
Police Arbitration, 2021 Vanderbilt University Law School
Police Arbitration, Stephen Rushin
Vanderbilt Law Review
Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly overturn or reduce discipline, little legal research has comprehensively examined the outcomes of police disciplinary appeals across the United States.
In order to better understand the use of arbitration in police disciplinary appeals and build on prior research, this Article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range …
Disbanding Police Agencies, 2021 University at Buffalo School of Law
Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder
Journal Articles
Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, 2021 William & Mary Law School
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis
William & Mary Bill of Rights Journal
No abstract provided.
The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, 2021 William & Mary Law School
The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero
William & Mary Bill of Rights Journal
This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing …
Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, 2021 University of Michigan Law School
Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, Andrea Fenster, Margo Schlanger
Other Publications
Twenty-five years ago today, in 1996, President Bill Clinton signed the Prison Litigation Reform Act. The “PLRA,” as it is often called, makes it much harder for incarcerated people to file and win federal civil rights lawsuits. For two-and-a-half decades, the legislation has created a double standard that limits incarcerated people’s access to the courts at all stages: it requires courts to dismiss civil rights cases from incarcerated people for minor technical reasons before even reaching the case merits, requires incarcerated people to pay filing fees that low-income people on the outside are exempt from, makes it hard to find …
Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, 2021 University of Richmond
Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, Stephen A. Simon
Cleveland State Law Review
The Supreme Court’s 2019 decision in United States v. Haymond shone a light on a practice that has not yet received attention commensurate with its significance: the re-imprisonment of individuals on supervised release without a jury trial. At first blush, the decision is most notable for setting bounds on the government’s ability to re-imprison individuals on supervised release without observing the constitutional rights normally available to defendants in criminal prosecutions. However, examination of the opinions reveals that the decision’s immediate doctrinal impact was quite limited. Moreover, although the three opinions issued in the case reflected disagreements among the Justices, all …
Death-By-Incarceration In Illinois, 2021 Northwestern Pritzker School of Law
Death-By-Incarceration In Illinois, Joseph Dole
Northwestern Journal of Law & Social Policy
No abstract provided.
United States Judicial System Failures And Solutions, 2021 Kutztown University of Pennsylvania
United States Judicial System Failures And Solutions, Braden P. Barker
English Department: Research for Change - Wicked Problems in Our World
For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.
Career Path: Becoming A Crime Scene Investigator, 2021 Merrimack College
Career Path: Becoming A Crime Scene Investigator, Rebecca Stevens
Criminology Student Work
No abstract provided.
Police Use Of Force Policies, 2021 Merrimack College
Police Use Of Force Policies, Shannon Moran
Criminology Student Work
No abstract provided.
Carrying Trauma From Birth To Work: Adverse Childhood Experiences In Law Enforcement Officers And Their Implications, 2021 Merrimack College
Carrying Trauma From Birth To Work: Adverse Childhood Experiences In Law Enforcement Officers And Their Implications, Stephen Levesque
Criminology Student Work
Previous research has drawn attention to the discrepancies of mental health between civilians and sworn law enforcement officers. The extant literature shows that law enforcement officers suffer from mental health disorders at far greater rates than the general public (Henderson et al., 2015). Most of the literature focuses on the progression of an officer’s law enforcement career. Little is discussed about prior traumatic experiences in the lives of police officers, especially those experiences which leave lasting scars on officers who go on to possibly relive their own trauma through their work. The current research was intended to fill that void. …
Obtaining A Career With The Federal Bureau Of Investigations (Fbi), 2021 Merrimack College
Obtaining A Career With The Federal Bureau Of Investigations (Fbi), Nicholas Medeiros
Criminology Student Work
No abstract provided.
Measuring The Impact Of Residency Requirements And The Relationship With The Citizens In The Community, 2021 DePaul University
Measuring The Impact Of Residency Requirements And The Relationship With The Citizens In The Community, Daniel Villa
College of Education Theses and Dissertations
Community policing is best described as how police departments work together with the community in solving problems. In several major U.S. cities, police departments have changed their residency requirements allowing their officers to reside outside of the municipality in which they are employed. One can assume that officers residing outside the community they serve may not have a high level of engagement in the area in which they work. The current movements to defund police departments led by politicians and members of various communities would imply that residing outside of the municipality in which officer's work would have no impact, …
Analysis And Investigation Of Solitary Confinement Reforms, 2021 Fordham University School of Law
Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon
SJD Dissertations
No abstract provided.
Is This Seat Taken? African American Male Perceptions Of Ascension In The Federal Office Of Inspectors General Community, 2021 Southeastern University - Lakeland
Is This Seat Taken? African American Male Perceptions Of Ascension In The Federal Office Of Inspectors General Community, Donrich L. Young
Doctor of Education (Ed.D)
The federal law enforcement community is one that should be diverse and reflect society as a whole. Traditionally, federal law enforcement, and specifically the Office of Inspectors General (OIG) Community, has been occupied by White males at all levels. This qualitative exploratory case study examined the perceptions and lived experiences of eight African American males currently employed in or recently retired from the federal OIG community. The research findings resulted in the emergence of three themes: (1) mentorship, (2) treatment and opportunities, and (3) underrepresentation. The implications and recommendations which evolved from this research study may contribute to the development …
Urbanicity And Female Jail Incarceration Rates In 1970 And 2018: The Rise Of Rural Female Jail Incarceration, 2021 La Salle University
Urbanicity And Female Jail Incarceration Rates In 1970 And 2018: The Rise Of Rural Female Jail Incarceration, Samantha M. Caimi
HON499 projects
This paper examines the role of county urbanicity as it relates to mean female jail incarceration rates in both the United States and Pennsylvania in the years 1970 and 2018. There are three research questions to be answered in this study. The first is whether mean female jail incarceration rates vary significantly by urbanicity (rural, small/mid, suburban, urban). The second is whether the relationship between female jail incarceration rates and urbanicity changed from 1970 to 2018. The third research question is whether the findings for questions 1 and 2 will be the same for both Pennsylvania and the United States. …
The Trauma Of Awakening To Racism: Did The Tragic Killing Of George Floyd Result In Cultural Trauma For Whites?, 2021 Boston University School of Law
The Trauma Of Awakening To Racism: Did The Tragic Killing Of George Floyd Result In Cultural Trauma For Whites?, Angela Onwuachi-Willig
Faculty Scholarship
The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to shift their thinking about the existence and prevalence of racialized police brutality, reconsidering the manner in which they had always viewed the world around them. Indeed, many white individuals began to recognize and acknowledge the varied ways in which whiteness worked to privilege them in our society, even …
The Qualified Immunity Paradox And The Sixth Circuit’S Moderwell Opinion: A Harbinger Of Better Things To Come?, 2021 Cleveland-Marshall College of Law, Cleveland State University
The Qualified Immunity Paradox And The Sixth Circuit’S Moderwell Opinion: A Harbinger Of Better Things To Come?, Doron M. Kalir
Law Faculty Articles and Essays
This note discusses the requirement of "clearly-established law," which a plaintiff needs to show in order to overcome a qualified immunity defense. This requirement--in essence, asking a plaintiff to show that someone else in their shoes has already prevailed in similar circumstances--may lead to an infinite regression paradox. The Note discusses this paradox and the ways in which the Supreme Court, and now the Sixth Circuit, have begun to resolve it.