The Geopolitics Of American Policing, 2021 University of Michigan Law School
The Geopolitics Of American Policing, Andrew Lanham
Michigan Law Review
A Review of Badges Without Borders: How Global Counterinsurgency Transformed American Policing. by Stuart Schrader.
Analysis And Investigation Of Solitary Confinement Reforms, 2021 Fordham University School of Law
Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon
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 ...
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.
Close Encounters: Mass Incarceration Tactics, 2021 Stephen F. Austin State University
Close Encounters: Mass Incarceration Tactics, Kevin L. Jones
The Journal of Faith, Education, and Community
As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality ...
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, 2021 William & Mary Law School
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
No abstract provided.
The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, 2021 Academy of the General Prosecution office
The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov
The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed ...
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, 2021 Alexander Blewett III School of Law at the University of Montana
Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin
Public Land & Resources Law Review
The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it ...
Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, 2021 The George Washington University Law School
Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman
Cleveland State Law Review
In this third of a series of articles on wrongful conviction compensation statutes, Professor Jeffrey Gutman tackles the first statute attempted to be passed in the United States – the federal wrongful conviction compensation statute. Championed in concept by Edwin Borchard, it was in fact poorly drafted, and recommendations by Attorney General Homer Cummings to improve it were only partly successful. This Article retraces the long legislative history of the statute which is dotted with sloppy language and reasoning, unexplained amendments and an unfortunate focus on who was not to benefit from it, rather than who was. This tangled legislative history ...
Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, 2021 Brigham Young University Law School
Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk
BYU Law Review
No abstract provided.
Pregnancy During Incarceration: A “Serious” Medical Need, 2021 Brigham Young University Law School
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
BYU Law Review
No abstract provided.
Reimagining Criminal Justice: In Defense Of Self-Defense, 2021 Golden Gate University School of Law
Reimagining Criminal Justice: In Defense Of Self-Defense, Jude Diebold
Reimagining Criminal Justice
Since the Louisville, Kentucky police killed Breonna Taylor in the middle of the night in her own apartment, the United States has seen an uptick in protests against racially motivated police violence. However, the officers responsible for her death have not been criminally charged, in part because her boyfriend, unaware that police were entering the apartment in the middle of the night, shot one of the officer’s in the leg, “justifying” the next six rounds that were shot by the police and ultimately killed an innocent woman during the botched police raid.
As if this was not outrageous enough ...
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, 2021 University of Pennsylvania Carey Law School
How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne
Faculty Scholarship at Penn Law
Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.
After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...
The Beginning Of The End: Abolishing Capital Punishment In Virginia, 2021 Washington and Lee University School of Law
The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein
Washington and Lee Law Review Online
When thinking about the history of capital punishment in the United States, I suspect that the average person is likely to identify Texas as the state that has played the most significant role in the death penalty. The state of Texas has killed more than five hundred people in executions since the Supreme Court approved of states’ modified capital punishment schemes in 1976. By contrast, Virginia has executed 113 people since 1976.
But Virginia has played a significant role in the history of capital punishment. After all, the first recorded execution in Colonial America took place in 1608 at Jamestown ...
The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, 2021 University of Michigan Law School
The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction ...
George R. R. Martin's Faith Militant In Modern America: The Establishment Clause And A State's Ability To Delegate Policing Powers To Private Police Forces Operated By Religious Institutions, 2021 William & Mary Law School
George R. R. Martin's Faith Militant In Modern America: The Establishment Clause And A State's Ability To Delegate Policing Powers To Private Police Forces Operated By Religious Institutions, Andrew Gardner
William & Mary Bill of Rights Journal
Since the very founding of the United States, the complex relationship between government and religion has troubled and concerned lawmakers. The Establishment Clause of the First Amendment to the United States Constitution was one of the first attempts to help define and restrain the government's role in that nexus. Thomas Jefferson, in a letter praising the Establishment Clause, famously wrote that the clause "buil[t] a wall of separation between Church [and] State." However, the extent of the protections that the Establishment Clause was intended to provide is unclear, and judges as well as legal scholars have struggled with ...
Pretrial Detention And The Value Of Liberty, 2021 University of Virginia School of Law
Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson
Faculty Scholarship at Penn Law
How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial detention to the truly dangerous—and which has looked to algorithmic risk assessments to quantify danger—has brought this question to the fore. Constitutional doctrine authorizes pretrial detention when the government’s interest in safety “outweighs” an individual’s interest in liberty, but it does not specify how to balance these goods. If detaining ten presumptively innocent people for three months is projected to prevent one robbery, is it worth it?
This Article ...
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, 2021 Academy of the General Prosecution office
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime abroad ...
Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, 2021 Academy of the General Prosecution office
Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov
Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the ...
Dear Courts: I, Too, Am A Reasonable Man, 2021 Pepperdine University
Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner
Pepperdine Law Review
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American psyche. Emerging research suggests that the upsurge in reporting police-on-Black violence—including videos shot from pedestrian camera phones and uploaded to multimedia platforms and historical accounts of the agonizing treatment Black Americans have experienced beginning with Slave Patrols—has affected individualized behavior during interactions ...