Democratic Policing Before The Due Process Revolution, 2019 Columbia Law School
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, 2019 Penn State Dickinson Law
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Dickinson Law Review (2017-Present)
A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by …
The Role Of Fault In Sec. 1983 Municipal Liability, 2019 University of Georgia Law School
The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells
South Carolina Law Review
No abstract provided.
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, 2019 Vanderbilt University Law School
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
Vanderbilt Law School Faculty Publications
Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …
Using Shifts In Deployment And Operations To Test For Racial Bias In Police Stops, 2019 University of Pennsylvania
Using Shifts In Deployment And Operations To Test For Racial Bias In Police Stops, John M. Macdonald, Jeffrey A. Fagan
Faculty Scholarship
In this paper, we exploit a policy experiment in the New York Police Department (NYPD) to test for bias in police stops. The NYPD launched Operation Impact in 2003 to change the scale of officer deployments. High crime areas were designated as “impact zones” and saturated with recent police academy graduates. These officers were encouraged to stop, question, and frisk (SQF) crime suspects as part of the NYPD’s overall crime-reduction strategy (MacDonald, Fagan, and Geller 2016). We focus on the expansion of impact zones in Brooklyn and Queens in July 2007. We use geographic data on the boundaries of the …
Neuroscience, Artificial Intelligence, And The Case Against Solitary Confinement, 2019 Vanderbilt University Law School
Neuroscience, Artificial Intelligence, And The Case Against Solitary Confinement, Francis X. Shen
Vanderbilt Journal of Entertainment & Technology Law
Prolonged solitary confinement remains in widespread use in the United States despite many legal challenges. A difficulty when making the legal case against solitary confinement is proffering sufficiently systematic and precise evidence of the detrimental effects of the practice on inmates' mental health. Given this need for further evidence, this Article explores how neuroscience and artificial intelligence (AI) might provide new evidence of the effects of solitary confinement on the human brain.
This Article argues that both neuroscience and AI are promising in their potential ability to present courts with new types of evidence on the effects of solitary confinement …
The Left's Law-And-Order Agenda, 2019 University of Colorado Law School
Mens Rea Reform And Its Discontents, 2019 University of Colorado Law School
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
Evaluation Of Confidential Informant Programs In Legal Settings: Why Do 10 When You Can Send A Friend?, 2019 University of Mississippi
Evaluation Of Confidential Informant Programs In Legal Settings: Why Do 10 When You Can Send A Friend?, Kennedy Marie Cuevas
Electronic Theses and Dissertations
There is limited research regarding the use of Confidential Informants and related programming, including a consensus of Best Practices of these programs. The information available regarding CI use and its programming is limited to agency-produced literature and minimal peer-revieresearch. The present study sought to utilize the limited information available to develop Best Practices of Confidential Informant Programs by conducting an analysis of available literature to identify themes and policies that were present in a majority of the literature. Additionally, the aforementioned Best Practices were used to perform deductive qualitative analysis of the written policies of a Confidential Informant program in …
Please Don't Stop The Music: Using The Takings Clause To Protect Inmates' Digital Music, 2019 Vanderbilt University Law School
Please Don't Stop The Music: Using The Takings Clause To Protect Inmates' Digital Music, Amber M. Banks
Vanderbilt Journal of Entertainment & Technology Law
In prisons across the country, inmates are encouraged to participate in digital media programs. One in ten correctional facilities in the US has digital media programs in which inmates purchase both a device-such as an MP3 player or tablet-and content or services for the device-such as digital music-from a third-party vendor. Although fee structures vary, the facility or the state corrections department usually receives a commission on the revenue generated from inmates' purchases, thereby profiting off of each purchase that an inmate makes. As their contracts with third-party vendors end, state correctional departments may change vendors, either in search of …
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, 2019 Central Washington University
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
All Master's Theses
Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …
Policing, Danger Narratives, And Routine Traffic Stops, 2019 University of Arkansas School of Law, Fayetteville
Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods
Michigan Law Review
This Article presents findings from the largest and most comprehensive study to date on violence against the police during traffic stops. Every year, police officers conduct tens of millions of traffic stops. Many of these stops are entirely unremarkable—so much so that they may be fairly described as routine. Nonetheless, the narrative that routine traffic stops are fraught with grave and unpredictable danger to the police permeates police training and animates Fourth Amendment doctrine. This Article challenges this dominant danger narrative and its centrality within key institutions that regulate the police.
The presented study is the first to offer an …
The Effect Of Family And Social Support On Suicidal Ideation In Jails, 2019 Univeristy of Central Florida
The Effect Of Family And Social Support On Suicidal Ideation In Jails, Megan L. Small
Honors Undergraduate Theses
Suicidal ideation and associated behaviors are up to four times more common among jail inmates than the general community (Jenkins et al., 2005; Hayes, 1986). Research finds a variety of social, biological, and psychological factors interact to influence suicidal thoughts of incarcerated individuals (Bonner, 1992; Borrill et al., 2005). Particularly, psychological distress such as, depression and feelings of hopelessness, along with loss of social support and decreased feelings of connectedness have been linked to suicidal ideation and behaviors (Moscicki, 1997; Hawton & van Heeringen, 2009). Recently, the Centers for Disease Control and Prevention (2017) has emphasized the importance of connectedness …
Armed Conflict At The Threshold, 2019 Benjamin N. Cardozo School of Law
Armed Conflict At The Threshold, Deborah Pearlstein
Articles
Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …
Recording As Heckling, 2019 University of Colorado Law School
Recording As Heckling, Scott Skinner-Thompson
Publications
A growing body of authority recognizes that citizen recording of police officers and public space is protected by the First Amendment. But the judicial and scholarly momentum behind the emerging “right to record” fails to fully incorporate recording’s cost to another important right that also furthers First Amendment principles: the right to privacy.
This Article helps fill that gap by comprehensively analyzing the First Amendment interests of both the right to record and the right to privacy in public while highlighting the role of technology in altering the First Amendment landscape. Recording information can be critical to future speech and, …
Private Eyes, They're Watching You: Law Enforcement’S Monitoring Of Social Media, 2019 University of Oklahoma College of Law
Private Eyes, They're Watching You: Law Enforcement’S Monitoring Of Social Media, Rachel Levinson-Waldman
Oklahoma Law Review
No abstract provided.
La Cofradía De Artes Y Artesanos Hispánicos: 1978 To 1983 Redefining Tradition In The New Mexican Art Market, 2019 CUNY City College
La Cofradía De Artes Y Artesanos Hispánicos: 1978 To 1983 Redefining Tradition In The New Mexican Art Market, Ethel Mercedes Everett
Dissertations and Theses
La Cofradía de Artes y Artesanos Hispánicos: Redefining Tradition in the New Mexican Art Market. May 2019.
This master’s thesis explores the 1978 founding, existence, dissolve, and the legacy of the Santa Fe, New Mexican artist exhibition group, La Cofradía de Artes y Artesanos Hispánico (La Cofradía). La Cofradía was formed by six Santa Fe Hispano artists in reaction to creative limitations first imposed on Hispano artists in 1926, when the annual Spanish Market was formed. The Spanish Market was the sole arts sales venue available to Hispano artists in the exclusionary Santa Fe gallery and museum market. The Spanish …
Life In Hampton Roads Survey Press Release #5: Politics, Perceptions Of The Police, And Related Issues, 2019 Old Dominion University
Life In Hampton Roads Survey Press Release #5: Politics, Perceptions Of The Police, And Related Issues, Social Science Research Center, Old Dominion University
Life in Hampton Roads Survey Report
[Introductory paragraph]
The political climate is one factor in understanding attitudes on a variety of social and political issues. Respondents were asked an array of questions including party affiliation, political attitudes and voter registration. The 822 participants gave a wide variety of answers to these questions, but much of the data reflects response patterns seen in years past.
Save Your Breath: A Constitutional Analysis Of The Criminal Penalties For Refusing Breathalyzer Tests In The Wake Of Birchfield V. North Dakota, 2019 University of Washington School of Law
Save Your Breath: A Constitutional Analysis Of The Criminal Penalties For Refusing Breathalyzer Tests In The Wake Of Birchfield V. North Dakota, Kylie Fisher
Washington Law Review Online
Statutes that criminally penalize suspected drunk drivers who refuse to submit to testing of their blood alcohol concentration emerged in a number of states as a way to better enforce implied consent statutes that require drivers submit to such testing. In Birchfield v. North Dakota, the Supreme Court held that statutes that criminally punish individuals for refusing a blood test were unconstitutional but upheld criminal refusal statutes regarding breath tests. Much of the reasoning in the majority’s opinion stemmed from a shallow perception of the invasion that breath tests pose to individual privacy interests. Justice Sotomayor’s dissenting opinion noted …
Foreword: Abolition Constitutionalism, 2019 University of Pennsylvania Carey Law School
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …