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3,766 full-text articles. Page 5 of 85.

Jailing Black Babies, James G. Dwyer 2019 William & Mary Law School

Jailing Black Babies, James G. Dwyer

James G. Dwyer

No abstract provided.


Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins 2019 American University, Washington College of Law

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

Ira P. Robbins

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP Wien ...


Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis 2019 George Washington University

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Angela J. Davis

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America


Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred 2019 William & Mary Law School

Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred

Christopher L. Griffin Jr.

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic ...


Safety & Risk Management News - September 2019, Otterbein University 2019 Otterbein University

Safety & Risk Management News - September 2019, Otterbein University

Otterbein Police Department

No abstract provided.


Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler 2019 Bowling Green State University

Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler

WRIT: Journal of First-Year Writing

In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a ...


Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz 2019 William & Mary Law School

Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz

Faculty Publications

Police make more than eleven million arrests every year. Yet prosecutors dismiss about 25% of criminal charges with no conviction being entered. Needless arrests are therefore clogging the criminal justice system and harming criminal defendants. For instance, Freddie Gray was fatally injured in police custody after being arrested for possession of a switchblade knife. Prosecutors later announced, however, that they did not believe the knife was actually illegal. If prosecutors had to approve warrantless arrests before police could take suspects into custody, Freddie Gray would still be alive. Yet prosecutors’ offices almost never dictate who the police should or should ...


The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr 2019 George Washington University Law School

The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr

Orin Kerr

In the Supreme Court's recent decision on GPS surveillance, United States v. Jones, five justices authored or joined concurring opinions that applied a new approach to interpreting Fourth Amendment protection. Before Jones, Fourth Amendment decisions had always evaluated each step of an investigation individually. Jones introduced what we might call a "mosaic theory" of the Fourth Amendment, by which courts evaluate a collective sequence of government activity as an aggregated whole to consider whether the sequence amounts to a search. This Article considers the implications of a mosaic theory of the Fourth Amendment. It explores the choices and puzzles ...


Federalizing Death, George Kannar 2019 University at Buffalo School of Law

Federalizing Death, George Kannar

George Kannar

No abstract provided.


State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett 2019 Loyola University Chicago School of Law

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Stephen Rushin

No abstract provided.


Interrogation Parity, Stephen Rushin, Kate Levine 2019 Loyola University Chicago School of Law

Interrogation Parity, Stephen Rushin, Kate Levine

Stephen Rushin

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create ...


Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski 2019 Loyola University Chicago School of Law

Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski

Stephen Rushin

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.

At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.

These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal ...


De-Policing, Stephen Rushin, Griffin Sims Edwards 2019 Loyola University Chicago School of Law

De-Policing, Stephen Rushin, Griffin Sims Edwards

Stephen Rushin

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on ...


From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, Stephen Rushin 2019 Loyola University Chicago School of Law

From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, Stephen Rushin

Stephen Rushin

The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation's history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police ...


Predictive Policing Theory, Andrew G. Ferguson 2019 American University Washington College of Law

Predictive Policing Theory, Andrew G. Ferguson

Contributions to Books

Predictive policing is changing law enforcement. New place-based predictive analytic technologies allow police to predict where and when a crime might occur. Data-driven insights have been operationalized into concrete decisions about police priorities and resource allocation. In the last few years, place-based predictive policing has spread quickly across the nation, offering police administrators the ability to identify higher crime locations, to restructure patrol routes, and to develop crime suppression strategies based on the new data.

This chapter suggests that the debate about technology is better thought about as a choice of policing theory. In other words, when purchasing a particular ...


Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner 2019 Washington and Lee University School of Law

Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner

Nora V. Demleitner

This Article, in Part II, begins with a description of how municipalities, at least since the recession of 2008, have fallen short of fully funding their departments. Part III focuses on four distinct outside funding components and their impact on policing. The first subsection discusses asset forfeitures, under both state and federal law. Subsection two highlights revenue derived from citations, often in the form of traffic tickets. A discussion of fees that are being added to fines, often to fund courts, probation agencies, and police departments, follows. The increasing amounts and types of fees imposed have substantially increased the burden ...


Recent Developments, Raelynn J. Hillhouse 2019 University of Michigan, Ann Arbor

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.


Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse 2019 University of Pennsylvania Law School

Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse

Faculty Scholarship at Penn Law

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about ...


Threat Perception Alteration As An Effect Of Use-Of-Force Simulation Training, Ellyse VanDyke 2019 Northern Michigan University

Threat Perception Alteration As An Effect Of Use-Of-Force Simulation Training, Ellyse Vandyke

All NMU Master's Theses

Due to the nature of police work police officers are often placed in life threatening situations. To prepare officers for these interactions police academies employ use-of-force simulations to train relevant skills such as situational awareness and judgement. Repeated exposure to threatening situations, such as those in the use-of-force simulations, may alter the threat perception of the participant. Using self-report measures of anxiety (STAI-6 Item) and affect (PANAS), as well as respiration rate data, and short answer self-reports, the present study aims to determine if perception of threat is altered as a result of the use-of-force training, both directly after one ...


Correcting Corrections: Discrepancies In Defining State Manslaughter As A "Crime Of Violence" For Federal Sentencing Purposes, Meaghan Geatens 2019 Villanova University Charles Widger School of Law

Correcting Corrections: Discrepancies In Defining State Manslaughter As A "Crime Of Violence" For Federal Sentencing Purposes, Meaghan Geatens

Villanova Law Review

No abstract provided.


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