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Specter Of Reform: Understanding The Violent Crime Control And Law Enforcement Act Of 1994 And Its Role In Expanding The Modern Prison Industrial Complex, Timothy Nii-Okai Welbeck 2021 Thomas Jefferson University

Specter Of Reform: Understanding The Violent Crime Control And Law Enforcement Act Of 1994 And Its Role In Expanding The Modern Prison Industrial Complex, Timothy Nii-Okai Welbeck

Arlen Specter Center Research Fellowship

The United States incarcerates more of its citizens than any other nation in recorded history, and currently houses roughly 25% of the world’s prison population. Though the US prison population dipped in 2016 to its lowest rate since 1993, the sheer number of people under the supervision of the criminal justice system within the country is staggering. As of 2012, one in one hundred adults in the US are in jail or prison, which makes the US the nation with the world’s largest prison population. The US also leads the world in rate of incarceration. Thus, the nation ...


Police Arbitration, Stephen Rushin 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 ...


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 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 ...


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 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, Rinat Kitai-Sangero 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 ...


The Eighth For Edmo: Access To Gender-Affirming Care In Prisons, John Ferraro 2021 Boston College Law School

The Eighth For Edmo: Access To Gender-Affirming Care In Prisons, John Ferraro

Boston College Law Review

In 2019, the U.S. Court of Appeals for the Ninth Circuit in Edmo v. Corizon, Inc. held that a prison’s denial of gender confirmation surgery to a transgender prisoner constituted cruel and unusual punishment under the Eighth Amendment. In doing so, the Ninth Circuit contravened a U.S. Court of Appeals for the Fifth Circuit decision on similar facts. This Comment argues that the Ninth Circuit’s approach was correct, as that court properly applied Eighth Amendment precedent to assess the quality of care provided to address a prisoner’s serious medical need.


Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, Stephen A. Simon 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 ...


Death-By-Incarceration In Illinois, Joseph Dole 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, Braden P. Barker 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.


Learning From Omar: The Case For Public Funding Of Postconviction Innocence Defense, Sharon Beckman 2021 Boston College Law School

Learning From Omar: The Case For Public Funding Of Postconviction Innocence Defense, Sharon Beckman

Boston College Law School Faculty Papers

In 2020, the Boston College Innocence Program secured the exoneration of clients Frances Choy and Ronnie Qualls and the release of a third client pending further litigation. The program has also made significant contributions to law and practice reform efforts. The Boston Bar Journal asked BCIP’s Director, Boston College Law Professor Sharon Beckman, to comment on what is behind the program’s success and to share a lesson learned in her clinic.


Brief Of Amicus Curiae In Smith V. City Of Boston, Reena Parikh, Syeda Nizami, Misbah Husain 2021 Boston College

Brief Of Amicus Curiae In Smith V. City Of Boston, Reena Parikh, Syeda Nizami, Misbah Husain

Boston College Law School Faculty Papers

No abstract provided.


Urbanicity And Female Jail Incarceration Rates In 1970 And 2018: The Rise Of Rural Female Jail Incarceration, Samantha M. Caimi 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 ...


Can Prosecutors End Mass Incarceration?, Rachel E. Barkow 2021 NYU School of Law

Can Prosecutors End Mass Incarceration?, Rachel E. Barkow

Michigan Law Review

A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.


Pretrial Custody And Miranda, Kit Kinports 2021 Penn State Law, University Park

Pretrial Custody And Miranda, Kit Kinports

Washington and Lee Law Review

In two recent opinions, Maryland v. Shatzer and Howes v. Fields, the Supreme Court concluded that inmates serving prison sentences were not in custody for purposes of Miranda—in Shatzer’s case while he was living among the general prison population and in Fields’s case while he was undergoing police interrogation. The question addressed in this Article is one that has divided the lower courts in the wake of those two decisions: the impact of the Court’s rulings on the hundreds of thousands of pretrial detainees in this country, many of whom are poor, Black, and Brown. This ...


Police Use Of Force Policies, Shannon Moran 2021 Merrimack College

Police Use Of Force Policies, Shannon Moran

Criminology Student Work

No abstract provided.


Obtaining A Career With The Federal Bureau Of Investigations (Fbi), Nicholas Medeiros 2021 Merrimack College

Obtaining A Career With The Federal Bureau Of Investigations (Fbi), Nicholas Medeiros

Criminology Student Work

No abstract provided.


Career Path: Becoming A Crime Scene Investigator, Rebecca Stevens 2021 Merrimack College

Career Path: Becoming A Crime Scene Investigator, Rebecca Stevens

Criminology Student Work

No abstract provided.


Carrying Trauma From Birth To Work: Adverse Childhood Experiences In Law Enforcement Officers And Their Implications, Stephen Levesque 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 ...


Measuring The Impact Of Residency Requirements And The Relationship With The Citizens In The Community, Daniel Villa 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 ...


Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein 2021 U.S. District Court for the District of Massachusetts

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.


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