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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 ...


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 ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2018 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


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


Coporative Security In A Connected Digital World: Leveraging Social Media And Emerging Technology In Crisis And Disaster, Wayne P. Bergeron 2018 University of North Alabama

Coporative Security In A Connected Digital World: Leveraging Social Media And Emerging Technology In Crisis And Disaster, Wayne P. Bergeron

Department of Politics, Justice, and Law

We live in an ever connected and digital world which brings great convenience, capability, and comfort to our modern quality of life, but at the same time introduces significant threats and vulnerabilities as well when things fall apart or fail, as they most likely do in crisis and disaster. The purpose of this article is to provide a critical review and state of the current and future security environment related to the various areas of social media and emerging technology that impact policy, preparedness, operations, and response within crisis and disaster situations. Ultimately, we find that some of our biggest ...


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 ...


Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom Tyler 2018 Columbia Law School

Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest ...


Do The Ends Justify The Means? Policing And Rights Tradeoffs In New York City, Amanda Geller, Jeffrey Fagan, Tom Tyler 2018 Columbia Law School

Do The Ends Justify The Means? Policing And Rights Tradeoffs In New York City, Amanda Geller, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Policing has become an integral component of urban life. New models of proactive policing create a double-edged sword for communities with strong police presence. While the new policing creates conditions that may deter and prevent crime, close surveillance and frequent intrusive police-citizen contacts have strained police-community relations. The burdens of the new policing often fall on communities with high proportions of African American and Latino residents, yet the returns to crime control are small and the risks of intrusive, impersonal, aggressive non-productive interactions are high. As part of the proffered tradeoff, citizens are often asked to view and accept these ...


The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson 2018 University of Pennsylvania Law School

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect ...


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.


Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez 2017 New York University

Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted.  This change is significant.  While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing.
 
Beyond offering a careful reading of Birchfield, this Article has two goals.  First ...


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2017 University of Oklahoma College of Law

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Stephen E Henderson

We finally have a federal ‘test case.’  In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age.  The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher.  This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. 
 
As for ambition, the Court must ...


The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm 2017 College of William & Mary Law School

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can ...


Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh 2017 College of William & Mary Law School

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.


Fines: The Folly Of Conflating The Power To Fine With The Power To Tax, Mildred Wigfall Robinson 2017 Villanova University Charles Widger School of Law

Fines: The Folly Of Conflating The Power To Fine With The Power To Tax, Mildred Wigfall Robinson

Villanova Law Review

No abstract provided.


The Effects Of A Mandatory Body-Worn Camera Policy On Officer Perceptions Of Accountability, Oversight, And Departmental Culture, Jordan M. Hyatt, Renee J. Mitchell, Barak Ariel 2017 Villanova University Charles Widger School of Law

The Effects Of A Mandatory Body-Worn Camera Policy On Officer Perceptions Of Accountability, Oversight, And Departmental Culture, Jordan M. Hyatt, Renee J. Mitchell, Barak Ariel

Villanova Law Review

No abstract provided.


The Blurred Blue Line: Municipal Liability, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teresa E. Ravenell, Armando Brigandi 2017 Villanova University Charles Widger School of Law

The Blurred Blue Line: Municipal Liability, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teresa E. Ravenell, Armando Brigandi

Villanova Law Review

No abstract provided.


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