A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, 2010 College of William & Mary Law School
A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath
William & Mary Journal of Women and the Law
No abstract provided.
Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, 2010 University of Michigan Law School
Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz
Michigan Law Review
In 2009, the Supreme Court held in Montejo v. Louisiana that a defendant may validly waive his Sixth Amendment right to counsel during police interrogation, even if police initiate interrogation after the defendant's invocation of the right at the first formal proceeding. This Note asserts that Montejo significantly altered the Sixth Amendment protections available to represented defendants. By increasing defendants' exposure to law enforcement, the decision allows police to try to elicit incriminating statements and waivers of the right to counsel after the defendant has expressed a desire for counsel. In order to protect the defendant's constitutional guarantee ...
Police Use Of Tasers: The Truth Is "Shocking", 2010 Golden Gate University School of Law
Police Use Of Tasers: The Truth Is "Shocking", Elizabeth Seals
Golden Gate University Law Review
This Comment proposes that California adopt legislation to regulate law-enforcement taser use. Part I introduces the history of tasers and their current use in law enforcement. Part II.A explains the need for legislation in California, supported by the documented deaths and health risks associated with taser use, and the widespread concern about police use among various private and governmental organizations. Part II.B identifies the successful taser legislation of other states, while Part II.C discusses an unsuccessful attempt at taser legislation in California. Finally, Part II.D introduces a model statute that California legislators should adopt, which should ...
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, 2010 Rutgers University
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
Several pollution control regimes, including climate change policies, allow polluters in one sector subject to an emissions cap to offset excessive emissions in that sector with pollution abatement in another sector. The government may often find it more costly to verify offset claims than to verify compliance with emissions caps, and concerns about difficulties in enforcement may lead regulators to restrict the use of offsets. In this paper, we demonstrate that allowing offsets may increase pollution abatement and reduce illegal pollution, even if the government has a fixed enforcement budget. We explore the circumstances that may make it preferable to ...
Pushing Execution Over The Constitutional Line: Forcible Medication Of Condemned Inmates And The Eight And Fourteenth Amendments, 2010 Boston College Law School
Pushing Execution Over The Constitutional Line: Forcible Medication Of Condemned Inmates And The Eight And Fourteenth Amendments, Michaela P. Sewall
Boston College Law Review
The U.S. Supreme Court has declared it unconstitutional to execute death row inmates who are too insane to understand the fact of their pending execution and the reasons behind it. The Court has not specified, however, what mechanisms a state may constitutionally employ to render such an inmate sane enough to execute. This Note addresses whether states may forcibly administer antipsychotic drugs to insane death row inmates in order to restore their competence for execution. It concludes that states violate both the Eighth and Fourteenth Amendments when execution is preceded by forcible medication with antipsychotic drugs. First, as soon ...
Lost In Transition, 2010 Selected Works
Lost In Transition, Douglas J. Henderson
DOUGLAS J HENDERSON
Jail costs and incarceration rates have reached their highest levels in decades. Something must be done about this situation. There are many individuals that are incarcerated needlessly. Additionally, there are many great opportunities to affect individual's lives when they do come into contact with the criminal justice system. These opportunities are not being taken advantage of. Moreover, one of the key components to successful correction and rehabilitation is not being implemented in Hamilton County, Ohio - namely a hands on transition program. There are other areas that I have encountered in my hands-on research and feet on the street work ...
American Policing At A Crossroads, 2010 New York University
American Policing At A Crossroads, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq
New York University Public Law and Legal Theory Working Papers
As victimization rates have fallen, public preoccupation with policing and its crime control impact has receded. Terrorism has become the new focal point of concern. But satisfaction with ordinary police practices hides deep problems. The time is therefore ripe for rethinking the assumptions that have guided American police for most of the past two decades. This essay proposes an empirically grounded shift to what we call a procedural justice model of policing. When law enforcement moves toward this approach, it can be more effective, at lower cost and without the negative side effects that currently hamper responses to terrorism and ...
Stalking - Rechtliche Und Kriminologische Aspekte, 2010 Institut für Polizei- und Sicherheitsforschung, HfÖV Bremen
Stalking - Rechtliche Und Kriminologische Aspekte, Daniel Heinke
Daniel H Heinke
Fairness And The Willingness To Accept Plea Bargain Offers, 2010 Faculty of Law
Fairness And The Willingness To Accept Plea Bargain Offers, Oren Gazal-Ayal, Avishalom Tor, Stephen Garcia
In contrast with the typical assumption in plea bargaining law and economics, we show defendants may reject plea offers based on fairness considerations. Specifically, offers where the sanction clearly appears excessive for the crime ("substantively unfair") and offers that appear inferior to those received by others in similar cases ("comparatively unfair") diminish defendants' wiliingness to accept plea offers (WTAP). Part 1 analyzes real-world data in Study 1 and reviews early experiments, all of which sugget substantive fairness impacts WTAP but do not control for important confounds. Part 2 therefore presents Studies 2-4 that confirm the independent impact of substantive fairness ...
Doubts About Death, 2010 Georgia State University College of Law
Doubts About Death, Lauren Sudeall Lucas
Faculty Publications By Year
No abstract provided.
Critical-Incident Response: A Study Of Training, Management, And Mitigation In North Carolina Sheriffs' Offices., 2010 East Tennessee State University
Critical-Incident Response: A Study Of Training, Management, And Mitigation In North Carolina Sheriffs' Offices., Gregory Alan Minton
Electronic Theses and Dissertations
The purpose of this study was to determine the amount of training each sheriff's office requires in North Carolina and if that training includes multiagency exercises designed to mitigate a critical-incident response and identify any concerns from those training events. The study also compared departmental strength (number of sworn officers per agency) with county populations and geographic area of the state the agency is located in with the number of hours required annually by each agency. Finally, each agency was asked if it had participated in a multiagency exercise and a multiagency incident and to identify any issues that ...
Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, 2010 University of Nevada, Las Vegas
Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace
UNLV Theses, Dissertations, Professional Papers, and Capstones
High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.
Predicting Police Discretion: A Traffic Stop Analysis, 2010 Rhode Island College
Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard
Honors Projects Overview
Examines Donald Black's (1976) theory of pure sociology with data from traffic stops collected over eight months during seventy hours of "ride alongs" with eight different police departments in Rhode Island. Posits that the social structure of each traffic stop is predictable based on observable characteristics of the parties involved and that distance in social space increases the likelihood of a police officer issuing a citation to a driver, while social characteristics similar to that of the police officer reduces the likelihood of a driver receiving a citation. Twenty-one variables throught to impact a police officer's discretion are ...
A Question Of Investment: Is Prevention Worth The Price?, 2010 University of Nevada, Las Vegas
A Question Of Investment: Is Prevention Worth The Price?, Scott B. Smith, Christine G. Springer
Public Policy and Leadership Faculty Publications
In today’s calculus of public and private budgeting, an ounce of prevention may no longer be worth a pound of “cure.”
“Prevention” takes many forms: Preparing one’s family for an emergency. Buying life and property insurance. Buying corporate insurance. Having a sufficiently-sized and well-trained security workforce at your workplace. Supporting law enforcement efforts to get one step ahead of the bad guy (whether a criminal or a terrorist). Supporting entities like UNLV’s Institute for Security Studies whose sole raison d’etre is to make Las Vegas and Nevada a safe and secure place to live, work and ...
Eyewitness Accuracy: Can Conformity Negatively Influence Testimony Reliability?, 2010 Stephen F Austin State University
Eyewitness Accuracy: Can Conformity Negatively Influence Testimony Reliability?, Monica Rhodes
Undergraduate Research Conference
No abstract provided.
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, 2010 University of Nevada, Las Vegas
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Graduate Research Symposium (GCUA)
The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China ...
Why Care About Mass Incarceration?, 2010 Georgetown University Law Center
Why Care About Mass Incarceration?, James Forman Jr.
Michigan Law Review
Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more people, and for longer, than anyone else in the world. We continue to use the death penalty long after Europe abandoned it, we are the only country in the world to lock up juveniles for life, and we have prisoners serving fifty-year sentences for stealing videotapes from Kmart. Our courts offer little relief: the German Constitutional Court prohibits a sentence of life ...
Can Criminal Law Be Controlled?, 2010 University of Virginia Law School
Can Criminal Law Be Controlled?, Darryl K. Brown
Michigan Law Review
It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct ...
Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, 2010 University of Nevada Las Vegas
Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii
UNLV Theses, Dissertations, Professional Papers, and Capstones
This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive ...
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, 2010 University of Aberdeen
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose ...