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Punitive Preventive Justice: A Critique, Bernard E. Harcourt 2012 Columbia Law School

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Faculty Scholarship

This book chapter critically examines punitive preventive measures, such as preventive detention for dangerous individuals, stop-and-frisks on the street, and order-maintenance policing. After reviewing the traditional concern expressed about punitive preventive practices, the chapter investigates the empirical evidence in support of such measures, concluding that the purported need for these measures is, on balance, factually overstated and generally unproven. But the empirical problems foreground a deeper theoretical difficulty with punitive preventive justice, namely that the modern approach to punitive prevention relies predominantly on economic cost-benefit analytic methods that effectively displace political debate and contestation. Like earlier punitive preventive interventions — such ...


Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis 2012 Columbia Law School

Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis

Faculty Scholarship

Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York ...


Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan 2011 Southern Illinois University Carbondale

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan

Lucian E Dervan

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are ...


Hearing On Stolen Or Counterfeit Goods Legislation, Lucian Dervan 2011 Southern Illinois University Carbondale

Hearing On Stolen Or Counterfeit Goods Legislation, Lucian Dervan

Lucian E Dervan

On March 28, 2012, Professor Dervan was called to testify before the Subcommittee on Crime, Terrorism, and Homeland Security (Judiciary Committee, U.S. House of Representatives) and offer his thoughts regarding proposed counterfeit goods legislation (The Safe Doses Act (H.R. 4223) and the Counterfeit Drug Penalty Enhancement Act of 2011 (H.R. 3668)). In his prepared statement, Professor Dervan examines the phenomenon of overcriminalization, the collapse of mens rea, the true impact of increased statutory maximums, plea bargaining, and the continued deterioration of our constitutionally protected right to trial by jury. His closing remarks to the Committee offer a ...


Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach 2011 Lund University, Faculty of Law

Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Global Bribery: The Foreign Corrupt Practices Act, Lucian Dervan 2011 Southern Illinois University Carbondale

Global Bribery: The Foreign Corrupt Practices Act, Lucian Dervan

Lucian E Dervan

Written for a European publication focusing on internal investigations, this piece seeks to introduce the reader to the fundamental elements of the American FCPA, including discussion of available defenses under the statute. Further, this piece discusses some of the collateral considerations that must be made during the investigation of an FCPA matter, particularly given the existence of overlapping anti-bribery provisions in various countries throughout the world and the likelihood of concurrent parallel proceedings both in the United States and abroad during the pendency of any international bribery matter. Finally, this piece offers some thoughts regarding FCPA compliance programs.


The Many Languages Of Cctv, David J. Brooks Dr., jeff Corkill 2011 secau Edith Cowan University

The Many Languages Of Cctv, David J. Brooks Dr., Jeff Corkill

David J Brooks Dr.

Closed circuit television (CCTV) has become a common form of technology, infused within many parts of our life, such as public, private, social and work environments. Whether CCTV is used in the media in a voyeuristic mode for the production of Big Brother, in public transport to reduce assaults or in a public street surveillance system to improve safety, the technology is in essence the same. Over the last 20 years, there has been much discussion on CCTV effectiveness. This discussion, in particular from the UK, has been significant in its scope.


The Great Recession And Its Implications For Community Policing, Matthew J. Parlow 2011 Chapman University Dale E. Fowler School of Law

The Great Recession And Its Implications For Community Policing, Matthew J. Parlow

Matthew Parlow

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such low-level offenses ...


Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach 2011 Lund University, Faculty of Law

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Law Enforcement & Race Relations, Leshuan D Oliver, Meshia Thomas, Gloria Graham 2011 University of Tennessee Police Department- Knoxville

Law Enforcement & Race Relations, Leshuan D Oliver, Meshia Thomas, Gloria Graham

Black Issues Conference

"Know your rights"- this presentation explores the subject of Modern Law Enforcement and Race Relations. This interactive program facilitates the opportunity to take a historical overview of the Police and the community’s relationship, discuss current perceptions, expectations, and your rights with local Law Enforcement Officials.


Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom 2011 Boston College Law School

Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom

Daniel Kanstroom

Recent statutory changes to the United States immigration law have resulted in a large increase in the number of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibiilty of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the ...


Maine's Women Offenders: What Do We Know?, Erika King MSW, Jillian Foley MPPM, Mark Rubin 2011 University of Southern Maine, Muskie School of Public Service

Maine's Women Offenders: What Do We Know?, Erika King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense ...


Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom 2011 Boston College Law School

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert M. Bloom

A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court ...


An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard 2011 University of Maryland School of Law

An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard

Michael Pinard

This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated ...


Restitution For Wrongs And The Restatement (Third) Of The Law Of Restitution, James S. Rogers 2011 Boston College Law School

Restitution For Wrongs And The Restatement (Third) Of The Law Of Restitution, James S. Rogers

James S. Rogers

The law of restitution has been the forgotten step-child of American private law for many decades. The American Law Institute’s current project to produce a new restatement of the law of restitution holds the promise of bringing the subject to the foreground and removing some of the confusion that many lawyers and judges feel in approaching the topic. One of the important issues that must be addressed in any comprehensive treatment of the law of restitution is how to treat those areas where the possibility of recovery based on the unjust enrichment principle overlaps with recovery based on the ...


Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr 2011 Auckland University

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its ...


Extending Hope Into "The Hole": Applying Graham V. Florida To Supermax Prisons, Joseph B. Allen 2011 College of William & Mary Law School

Extending Hope Into "The Hole": Applying Graham V. Florida To Supermax Prisons, Joseph B. Allen

William & Mary Bill of Rights Journal

No abstract provided.


Moms Behind Bars: Motherhood In Eshowe Correctional Center, IndiAna Gowland 2011 SIT Study Abroad

Moms Behind Bars: Motherhood In Eshowe Correctional Center, Indiana Gowland

Independent Study Project (ISP) Collection

Motherhood represents a integral part of human life. In South Africa particularly, mothers are primarily responsible for caring for their families, often with little or no help from a male partner. But what happens to the notion of motherhood when women find themselves separated from their children or raising children in a restrictive and harsh environment? This study looks at the construction of motherhood within Eshowe Correctional Facility for Women. I conducted research as an attachment to Phoenix Zululand, an organization that provides rehabilitation services to inmates in the prisons of Zululand. For two weeks, I lead Phoenix's program ...


Eye On Islam: Judicial Scrutiny Along The Religious Profiling/Suspect Description Reliance Spectrum, Lucas McMillen 2011 University of St. Thomas, Minnesota

Eye On Islam: Judicial Scrutiny Along The Religious Profiling/Suspect Description Reliance Spectrum, Lucas Mcmillen

University of St. Thomas Law Journal

No abstract provided.


What Works In Reducing Recidivism?, Edward J. Latessa Ph.D., Christopher Lowenkamp Ph.D. 2011 University of St. Thomas, Minnesota

What Works In Reducing Recidivism?, Edward J. Latessa Ph.D., Christopher Lowenkamp Ph.D.

University of St. Thomas Law Journal

No abstract provided.


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