Law Enforcement and Corrections Commons^™

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones

Samuel V. Jones

No abstract provided.

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …

Brief Of National Law Professors Of Criminal, Procedural, And Constitutional Law, In Re Humphrey, California Supreme Court, Regarding The Imposition Of Money Bail And Conditions Of Pretrial Release, Sandra G. Mayson, Kellen R. Funk

All Faculty Scholarship

When the government proposes to incarcerate a person before trial, it must provide thorough justification, whether the mechanism of detention is a transparent detention order or its functional equivalent, the imposition of unaffordable money bail. A court contemplating money bail must determine whether it is likely to result in detention. If so, and the court nonetheless wishes to impose it, the court must find, by clear and convincing evidence established through an adversary hearing, that the unaffordable bail amount serves a compelling interest of the state that no less restrictive condition of release can meet. This will rarely be the …

Reforming Restrictive Housing: The 2018 Asca-Liman Nationwide Survey Of Time-In-Cell, Judith Resnik, Anna Vancleave, Kristen Bell, Alexandra Harrington, Gregory Conyers, Catherine Mccarthy, Jenny Tumas, Annie Wang

Other Scholarship

Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell is the fourth in a series of research projects co-authored by the Association of State Correctional Administrators (ASCA) and the Arthur Liman Center at Yale Law School. These monographs provide a unique, longitudinal, nationwide database. The topic is “restrictive housing,” often termed “solitary confinement,” and defined as separating prisoners from the general population and holding them in cells for an average of 22 hours or more per day for 15 continuous days or more.

The 2018 monograph is based on survey responses from 43 prison systems that held 80.6% of …

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …

The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce

West Virginia Law Review

No abstract provided.

Ensuring That Punishment Does, In Fact, Fit The Crime, Meredith D. Mcphail

University of Michigan Journal of Law Reform

The United States imprisons a greater proportion of its own population than any other country in the world. A legal framework provides protections for those individuals who are incarcerated, but that framework is flawed. The jurisprudence distinguishes pretrial detainees (who have not been convicted) from convicted persons (who are serving a sentence). Based on that distinction, different standards apply to conditions of confinement and use of force cases brought by pretrial detainees and those brought by convicted persons. That distinction–and the resulting disparate application of legal standards–does not comport with the reality of incarceration, the concept of punishment, or the …

Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse

Reports

In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …

The American Police System (Ghc), Sherry Green, Randy Green, J. Sean Callahan

Criminal Justice and Law Grants Collections

This Grants Collection for The American Police System was created under a Round Eleven ALG Textbook Transformation Grant.

Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.

Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:

• Linked Syllabus
• Initial Proposal
• Final Report

Proposed Rules To Determine The Legal Use Of Autonomous And Semi-Autonomous Platforms In Domestic U.S. Law Enforcement, Michael Sinclair

North Carolina Journal of Law & Technology

We need some rules. “Or there will be . . . trouble.”

Improving The Criminal Justice System In Nigeria Through Restorative Justice: Lessons From Canada And New Zealand, Olaniran Akintunde

LLM Theses

This thesis argues the need for Nigeria to incorporate restorative justice within its criminal justice system. Its prevailing adversarial system is bedevilled with various challenges such as over- incarceration, recidivism, high rates of juvenile crime and prison congestion. The work draws lessons from Canada and New Zealand, two jurisdictions that have made improvements to similar systems like Nigeria via the adoption and practice of restorative justice. The advantages that a restorative justice alternative bring to criminal justice administration in Nigeria include less use of incarceration, improvement in social relationships, rehabilitation and the reintegration of young offenders. The thesis recommends that …

Safety & Risk Management News October 2018, Tara Chinn

Otterbein Police Department

No abstract provided.

From Pelican Bay To Palestine: The Legal Normalization Of Force-Feeding Hunger-Strikers, Azadeh Shahshahani, Priya Arvind Patel

Michigan Journal of Race and Law

Hunger-strikes present a challenge to state authority and abuse from powerless individuals with limited access to various forms of protest and speech—those in detention. For as long as hunger-strikes have occurred throughout history, governments have force-fed strikers out of a stated obligation to preserve life. Some of the earliest known hunger-strikers, British suffragettes, were force-fed and even died as a result of these invasive procedures during the second half of the 19th century.

This Article examines the rationale and necessity behind hunger strikes for imprisoned individuals, the prevailing issues behind force-feeding, the international public response to force-feeding, and the legal …

Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck

Michigan Journal of Race and Law

In the wake of the Michael Brown shooting in Ferguson, Missouri, advocates and activists called for greater oversight and accountability for police. One of the measures called for and adopted in many jurisdictions was the implementation of body cameras in police departments. Many treated this implementation as a sign of change that police officers would be held accountable for the violence they perpetrate. This Note argues that although body-camera footage may be useful as one form of evidence in cases of police violence, lawyers and judges should be extremely careful about how it is presented to the jury. Namely, the …

Centering Women In Prisoners' Rights Litigation, Amber Baylor

Faculty Scholarship

This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth.”29 This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.

This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an …

Backstop, Not Bailout: The Case For Preserving The Orderly Liquidation Authority Under Dodd-Frank, Mark R. Maciuch

Brooklyn Journal of Corporate, Financial & Commercial Law

The Trump Administration and Republicans have initiated efforts to repeal certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), one of which is the Orderly Liquidation Authority (OLA) under Title II of Dodd-Frank. Critics of the OLA argue that it enables, rather than prevents, future bailouts funded by taxpayers. These critics are concerned with the Federal Deposit Insurance Corporation’s (FDIC) discretion to decide when and how to resolve distressed financial firms, as well as the FDIC’s access to large amounts of funds from the U.S. Department of the Treasury to carry out these functions. Proponents of …

Building A Cognitive Readiness Construct For Violent Police-Public Encounters, James Eric Preddy

STEMPS Theses & Dissertations

The purpose of this multi-methods study was to explore police use-of-force (UoF) instructors’ perceptions about cognitive readiness in the context of violent police-public encounters, examine how experience influences those perceptions, identify competencies of cognitive readiness deemed essential for preparation and response to violent encounters, and align those competencies deemed essential with current UoF training strategies. The results of the study suggest that UoF instructors generally feel that police officers are not adequately prepared for violent police-public encounters. They cited deficiencies in the range of tactics taught, the frequency with which UoF training is delivered, and obstacles such as: time, resources, …

Locked Up, Shut Up: Why Speech In Prison Matters, Evan Bianchi, David Shapiro

St. John's Law Review

(Excerpt)

This Article proceeds in three Parts. Part I describes the deferential Turner standard that governs First Amendment claims brought by prisoners. Virtually every word uttered or written to a prisoner and virtually every word uttered or written by a prisoner receives extremely limited legal protection. Largely as a result of this legal regime, senseless censorship is all too common in American prisons. Jailers and prison officials seem to have received the message that they can ban speech with impunity.

Part II argues that the combination of Turner deference and mass incarceration divests prisoners of expressive power, thereby distorting public …

Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson

Journal of Civil Rights and Economic Development

(Abstract)

In this critical, conceptual essay, the author argues that the School-to-Prison Pipeline (“STPP”) simply does not exist. Long before Columbine and the enactment of zero tolerance, caregivers have been wrongly harming their children, something causing them toxic stress that triggers their stress-response system, and making it nigh impossible for children easily ensnared by suspensions, expulsions, referrals to alternative schools, and SRO arrests to have the best developmental start and cognitive abilities to succeed in public schools. Further, teachers and administrators who are pressured to report great educational metrics, and for their own childhood reasons have a near inflexible need …

Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala

Journal of Civil Rights and Economic Development

(Excerpt)

Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-Prison Pipeline is a troubling phenomenon in which students are suspended, expelled or even arrested for minor offenses instead of being sent simply to an administrator’s office. Often, these students have backgrounds of poverty, abuse, neglect, and may even have learning disabilities. Instead of being offered counseling, “unruly” …