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J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson 2011 U.S. Court of Appeals for the Fourth Circuit

J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson

Michigan Law Review First Impressions

This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question ...


Towards A Brighter Fourth Amendment: Privacy And Technological Change, Joshua S. Levy 2011 NYU School of Law

Towards A Brighter Fourth Amendment: Privacy And Technological Change, Joshua S. Levy

New York University Law and Economics Working Papers

This Article seeks to solve the problem of technological change eroding privacy by developing a framework of bright line Fourth Amendment rules. As technologies such as digitalization and the internet become increasingly important in our daily lives, we come to expect less privacy in many areas of life. Since the Fourth Amendment protects citizens’ reasonable expectations of privacy against unreasonable government intrusions, the Fourth Amendment provides increasingly less protection as technology diminishes privacy expectations. Moreover, law enforcement agencies continually develop more sophisticated surveillance technology to spy on private conduct. However, courts are unable to keep up with these rapid technological ...


Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons 2011 Washington and Lee University School of Law

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Brave New World Of Stop And Frisk, Ron Bacigal 2011 Washington and Lee University School of Law

A Brave New World Of Stop And Frisk, Ron Bacigal

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood 2011 Washington and Lee University School of Law

A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr. 2011 University of Michigan Law School

Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr.

University of Michigan Journal of Law Reform

Occasionally, criminals correctly interpret the law while courts err. Litigation pursuant to the federal Armed Career Criminal Act (ACCA) includes numerous examples. The ACCA imposes harsher sentences upon felons in possession of firearms with prior "violent felony" convictions. Over time, courts defined "violent" so contrary to its common meaning that it eventually came to encompass driving under the influence, unwanted touching, and the failure to report to correctional facilities. However, in a series of recent decisions, the Supreme Court has attempted to clarify the meaning of violent in the context of the ACCA and, in the process, excluded such offenses ...


¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin 2011 University of Colorado Law School

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police ...


The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy 2011 Washington and Lee University School of Law

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Blurring The Boundaries Between Immigration And Crime Control After September 11th, Teresa Miller 2011 State University of New York at Buffalo

Blurring The Boundaries Between Immigration And Crime Control After September 11th, Teresa Miller

Teresa A. Miller

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.


Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology and Criminal Justice Senior Capstone 2011 Portland State University

Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.

There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for ...


Settling Through Consent Decree In Prison Reform Litigation: Exploring The Effects Of Rufo V. Inmates Of Suffolk County Jail, Gregory C. Keating 2011 Selected Works

Settling Through Consent Decree In Prison Reform Litigation: Exploring The Effects Of Rufo V. Inmates Of Suffolk County Jail, Gregory C. Keating

Gregory C. Keating

No abstract provided.


Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson II 2011 Villanova University

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

Legislation and Policy Brief

In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution. Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.” After four ...


The Police Gamesmanship Dilemma, Mary D. Fan 2011 University of Washington School of Law

The Police Gamesmanship Dilemma, Mary D. Fan

Articles

Police gamesmanship poses a recurring regulatory challenge for constitutional criminal procedure, leading to zigzags and murky zones in the law such as the recent rule shifts regarding searches incident to arrest and interrogation. Police gamesmanship in the “competitive enterprise of ferreting out crime” involves tactics that press on blind spots, blurry regions or gaps in rules and remedies, undermining the purpose of the protections. Currently, courts generally avoid peering into the Pandora’s Box of police stratagems unless the circumvention of a protection becomes too obvious to ignore and requires a stopgap rule-patch that further complicates the maze of criminal ...


"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth 2011 American University Washington College of Law

"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile 2011 Yale Law School

Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile

Student Legal History Papers

Nick Pastore will forever be known as one of New Haven’s most colorful historical figures. The Chief of Police in New Haven from 1990 to 1997, Pastore was well-known for his outrageous comments and unusual antics. New Haven’s chief proponent of community policing, Pastore referred to himself in interviews as “’an outstanding patrol officer,’ a ‘super crime-fighting cop,’ ‘a good cop with the Mafia,’ [and] ‘Sherlock Holmes.’” Pastore, unlike his immediate predecessor, highly valued working with the community and advocated for a focus on reducing crime rather than increasing arrests. Pastore once informed that New York Times that ...


Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White 2011 Brigham Young University Law School

Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White

BYU Law Review

No abstract provided.


An Evaluation Of The Chicago Police Department's Recruit Curriculum In Emergency Response Week Relating To Terrorism Awareness And Response To Terrorism Incidents, Mark T. Sedevic 2011 Olivet Nazarene University

An Evaluation Of The Chicago Police Department's Recruit Curriculum In Emergency Response Week Relating To Terrorism Awareness And Response To Terrorism Incidents, Mark T. Sedevic

Ed.D. Dissertations

Police recruits need to be prepared the moment they graduate from the police academy for any type of situation, especially terrorism. This study examined whether the Emergency Response Week portion of the Chicago Police Department Recruit Academy curriculum was adequate and provided Chicago Police Department recruits with appropriate knowledge of terrorism awareness and the skills necessary to respond to a terrorism incident. The results indicated that the Chicago Police Department recruit curriculum in Emergency Response Week was perceived as above adequate by Chicago Police Department recruits. Additionally, the Chicago Police Department recruits perceived their knowledge concerning terrorism awareness and their ...


A Quantitative Assessment Of Spirituality In Police Officers And The Relationship To Police Stress, Antoinette M. Ursitti 2011 Olivet Nazarene University

A Quantitative Assessment Of Spirituality In Police Officers And The Relationship To Police Stress, Antoinette M. Ursitti

Ed.D. Dissertations

Law enforcement has been recognized as a stressful occupation related to deleterious physical and psychosocial outcomes in police officers' lives. Spirituality interrelates with every dimension of human functioning and has demonstrated a significant relationship to physical and mental health. This study was concerned with the implication of these conclusions, and addressed a gap in literature that has neglected to bridge these realizations due to limited assessment of spirituality in police officers. Measures of spirituality and police stress in a sample of police officers were collected utilizing two test instruments, and analyzed to determine the relationship. The results indicated a moderate ...


Asylum For Former Mexican Police Officers Persecuted By The Narcos, Sergio Garcia 2011 Boston College Law School

Asylum For Former Mexican Police Officers Persecuted By The Narcos, Sergio Garcia

Boston College Third World Law Journal

Since President Felipe Calderón declared war against Mexico’s narcotraffickers in 2006, drug violence has escalated and has claimed the lives of over 2000 Mexican police officers. To successfully petition for asylum in the United States, former Mexican police officers facing persecution by the Narcos must prove that they are members of a particular social group. In past cases, courts have refused to find that persecution by the Narcos qualifies a petitioner as a member of a particular social group. This Article argues, however, that former Mexican police officers facing persecution by the Narcos are members of a particular social ...


Facebook And The Police: Communication In The Social Networking Era, Mari Sakiyama, Deborah K. Shaffer, Joel D. Lieberman 2011 University of Nevada, Las Vegas

Facebook And The Police: Communication In The Social Networking Era, Mari Sakiyama, Deborah K. Shaffer, Joel D. Lieberman

Graduate Research Symposium (GCUA)

An increasing number of police departments are using Facebook to communicate with the public. As with any emerging communications technology, there is considerable variation in the usage of this medium. This study reports the results of a content analysis designed to determine how police departments are using Facebook.


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