Factors Affecting Mental Health Seeking Behaviors Of Law Enforcement Officers, 2017 Brandman University
Factors Affecting Mental Health Seeking Behaviors Of Law Enforcement Officers, Vincent M. Haecker
The intent of this study was to elicit perspectives from law enforcement counselors, clinicians, chaplains, and peer group leaders for factors affecting law enforcement officer’s (LEOs) seeking mental health assistance. The law enforcement and mental health communities have gone to great lengths to ensure assistance is available to LEOs in an effort to counter the stress and trauma associated with the policing profession. Past studies attempted to elicit LEOs attitudes on mental health services, generating mixed results and were unable to establish why available services were underutilized. This study employed a qualitative methodology to elicit perspectives on this phenomena ...
Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, 2017 University of Houston Law Center
Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton
Boston College Law Review
In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.
The Persistence Of Fatal Police Taserings 2016, 2017 University of Georgia School of Law
The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.
In this Article, Professor Wilkes updates his research on police tasering by surveying the fatal taserings by police officers that occurred in 2016.
Knock And Talk No More, 2017 University of Maine School of Law
Knock And Talk No More, Jamesa J. Drake
Maine Law Review
The Supreme Court has set out a roadmap for challenging one of the most common and insidious police tactics used today: the knock-and-talk. The path is short and clear and it leads to the inescapable conclusion that the knock-and-talk—as it is actually employed in practice—is unconstitutional. Although the Court has yet to squarely consider the issue, some Justices have already taken pains to say, in dictum, that knock-and-talks are lawful. Practitioners should not be dissuaded. What this faction of the Court describes is a highly romanticized—and utterly inaccurate—conception of what a knock-and-talk actually entails. The sort ...
How Should Justice Policy Treat Young Offenders?, 2017 Yale University - Department of Psychology
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?
A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults ...
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, 2017 The Graduate Center, City University of New York
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
All Graduate Works by Year: Dissertations, Theses, and Capstone Projects
This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each ...
Moneyball Sentencing, 2017 University of New Mexico School of Law
Moneyball Sentencing, Dawinder Sidhu
Sentencing is a backward- and forward-looking enterprise. That is, sentencing is informed by an individual’s past conduct as well as by the criminal justice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the rates of recidivism for people possessing the same group characteristics (e.g., race, sex, socio-economic status, education). The sentencing community is drawn to this statistical technique because it purportedly distinguishes with greater accuracy the high-risk from the low-risk, and thereby allows for ...
Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett
Boston College Law Review
The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...
Rape Law Gatekeeping, 2017 University of Kansas School of Law
Rape Law Gatekeeping, Corey Rayburn Yung
Boston College Law Review
Police across the United States regularly act as hostile gatekeepers who prevent rape complaints from advancing through the criminal justice system by fervently policing the culturally disputed concept of “rape.” Victims are regularly disbelieved, rape kits are discarded without investigation, and, as a result, rapists remain free. The substantial empirical evidence and stories from victims across the United States demonstrate that any success in decreasing sexual violence hinges on removing the numerous police-imposed obstacles inhibiting investigation and adjudication in rape cases, beginning with substantial reform of police practices. An examination of modern cases and the historical record indicates that the ...
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, 2017 Pepperdine University
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir
Pepperdine Law Review
Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States. This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it ...
Health And Safety Overregulation, 2017 Touro Law Center
Health And Safety Overregulation, Michael Lewyn
Michael E Lewyn
Strict Liability's Criminogenic Effect, 2017 University of Pennsylvania Law School
Strict Liability's Criminogenic Effect, Paul H. Robinson
It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.
But this analysis fails ...
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, 2017 University of Michigan Law School
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo
University of Michigan Journal of Law Reform
A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.
Addiction, Choice And Criminal Law, 2017 University of Pennsylvania Law School
Addiction, Choice And Criminal Law, Stephen J. Morse
This chapter is a contribution to a volume, Addiction and Choice, edited by Nick Heather and Gabriel Segal that is forthcoming from Oxford University Press. Some claim that addiction is a chronic and relapsing brain disease; others claim that it is a product of choice; yet others think that addictions have both disease and choice aspects. Which of these views holds sway in a particular domain enormously influences how that domain treats addictions. With limited exceptions, Anglo-American criminal law has implicitly adopted the choice model and a corresponding approach to responsibility. Addiction is irrelevant to the criteria for the prima ...
Use Of Force: A Split-Second Decision, 2017 The University of Akron
Use Of Force: A Split-Second Decision, Samantha Mcnulty
Honors Research Projects
This paper discusses the compliance and measures taken by Summit County, Ohio police departments in their efforts to meet use of force policy standards set by the Ohio Collaborative Community-Police Advisory Board. This board was established by Kasich's Executive Order 2015-04K to create standards on what the departments' use of force or response to resistance policies should contain and determine the Ohio departments which comply with the certification standards.
The Crime Lab In The Age Of The Genetic Panopticon, 2017 University of Virginia School of Law
The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett
Michigan Law Review
Review of Unfair: The New Science of Criminal Injustice by Adam Benforado, Inside the Cell: The Dark Side of Forensic DNA by Erin E. Murphy, and Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories by Sandra Guerra Thompson.
Bad Cops Or Bad Training? How Police Officer Training Impacts Use Of Force Incidents., 2017 Hamline University
Bad Cops Or Bad Training? How Police Officer Training Impacts Use Of Force Incidents., Kendra Bengtson
Departmental Honors Projects
There has been growing tension between the police and public for allegations of excessive use of force, racism, and insufficient knowledge of mental illness. The purpose of this project is to examine how officers are trained to use force and what changes in training are still needed to limit using force. This project involved a comprehensive literature review on training, use of force, racial bias and mental illness. Additionally, seven in-depth interviews were conducted with individuals involved in the policing community, and four hours of use of force training and forty hours of de-escalation training were observed. This project found ...
Implicit Bias In Daily Perceptions And Legal Judgments, 2017 Tufts University
Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers
University of Michigan Journal of Law Reform
In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right ...
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, 2017 University of Richmond
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill
Law Student Publications
This comment explores how broader shifts in Fourth Amendment doctrine may affect the government's collection of Cell Site Location Information (CSLI) moving forward. It consists of three parts. Part I examines the technological underpinnings of cellular networks. The issue is frequently litigated, but few in the legal community have a real grasp on the technology. A nuanced understanding of the technology is crucial when examining the accuracy of CSLI or how the third-party doctrine ought to apply. This comment consolidates and simplifies the technical workings of cellular networks to enable better and more informed answers. Last, drawing on this ...
Secondary Employment By Western Australia Police Officers: Factors Influencing Multiple Jobholding And The Relationship To Organisational Commitment, Hamish Mckenzie
Theses: Doctorates and Masters
The purpose of this study was to determine if there is a significant relationship between secondary employment by Western Australia police officers and organisational commitment. The study also examined whether there was a relationship between secondary employment of Western Australia police officers and, gender, work location, employment hours, rank and tenure. Finally, the study sought to understand why Western Australia police officers undertook secondary employment. A mixed methods approach to research was undertaken with 5756 Western Australia police officers sent a survey adapted from Meyer and Allen’s Three-Component Model (TCM) Employee Commitment Survey (2004). This survey tool is based ...