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Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

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, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo 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.


Use Of Force: A Split-Second Decision, Samantha McNulty 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.


Bad Cops Or Bad Training? How Police Officer Training Impacts Use Of Force Incidents., Kendra Bengtson 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 ...


The Progressive Programming Facility: A Rehabilitative, Cost-Effective Solution To California’S Prison Problem, Hannah Fuetsch 2017 The University of Pacific, McGeorge School of Law

The Progressive Programming Facility: A Rehabilitative, Cost-Effective Solution To California’S Prison Problem, Hannah Fuetsch

The University of the Pacific Law Review

No abstract provided.


Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers 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 ...


The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett 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.


Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D. 2017 United States Air Force

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept ...


Ministers Of Justice And Mass Incarceration, Lissa Griffin 2017 Pace Law School

Ministers Of Justice And Mass Incarceration, Lissa Griffin

Pace Law Faculty Publications

Over the past few years, scholars, legislators, and politicians have come to recognize that our current state of “mass incarceration” is the result of serious dysfunction in our criminal justice system. As a consequence, there has been significant attention to the causes of mass incarceration. These include the war on drugs and political decisions based on a “law and order” perspective. Congressional and state legislative enactments increased the financing of the expansion of police powers and provided for severely punitive sentencing statutes, thereby giving prosecutors uniquely powerful weapons in securing guilty pleas. All of this occurred as crime rates dropped ...


Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill 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 ...


From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini 2017 Brooklyn Law School

From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini

Brooklyn Journal of Corporate, Financial & Commercial Law

In the recent past, hedge funds have demonstrated that they can pose and spread systemic risk across the financial markets, and that their managers can use them to commit fraud and misappropriation of fund assets. Even if the first issue now seems to be considered a serious one by the U.S. legislature, which in 2010, as a legislative response to the global financial crisis of 2007-2008, enacted the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (Dodd-Frank), the current regulation still appears inconsistent and inappropriate to prevent and face it. By contrast, the second issue is not always ...


Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick 2017 Berkman Klein Center for Internet & Society at Harvard University

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick

All Faculty Scholarship

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions ...


Secondary Employment By Western Australia Police Officers: Factors Influencing Multiple Jobholding And The Relationship To Organisational Commitment, Hamish McKenzie 2017 Edith Cowan University

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 ...


Addiction, Choice And Criminal Law, Stephen J. Morse 2017 University of Pennsylvania Law School

Addiction, Choice And Criminal Law, Stephen J. Morse

Faculty Scholarship

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 ...


Executive Action And Nonaction, Tom Campbell 2016 Chapman University School of Law

Executive Action And Nonaction, Tom Campbell

Tom Campbell

Action by the executive can be challenged by a party with standing, and there is usually no shortage of such parties. The executive’s failure to act, however, is much more difficult to submit to judicial scrutiny. I propose that standards for reviewing such nonaction are available under precedent of the Administrative Procedure Act, and under severability analysis. That is, a reviewing court can determine whether the executive’s failure to enforce part of a law leaves the rest of the law to operate meaningfully as Congress intended (akin to severability analysis), and APA precedent can guide courts to determine ...


Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez 2016 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—just like any other actor—cannot be trusted to always follow the 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 ...


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2016 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 ...


Cell Phone Buffer Zones, Laurent Sacharoff 2016 University of St. Thomas, Minnesota

Cell Phone Buffer Zones, Laurent Sacharoff

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr. 2016 University of St. Thomas, Minnesota

First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Filming The Police As An Act Of Resistance Remarks Given At The "Smartphoned" Symposium, Jocelyn Simonson 2016 University of St. Thomas, Minnesota

Filming The Police As An Act Of Resistance Remarks Given At The "Smartphoned" Symposium, Jocelyn Simonson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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