The Progressive Love Affair With The Carceral State, 2022 Benjamin N. Cardozo School of Law
The Progressive Love Affair With The Carceral State, Kate Levine
Michigan Law Review
A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.
Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, 2022 Texas A&M University School of Law
Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van
As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …
Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, 2022 William & Mary Law School
Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis
William & Mary Law Review
In Terry v. Ohio, the Supreme Court granted law enforcement broad power to perform a limited stop and search of someone when an officer has reasonable suspicion that the person is engaged in criminal activity. The resulting “Terry stop” created a way for police officers to investigate a suspicious person without requiring full probable cause for an arrest. The officer need only have “reasonable suspicion supported by articulable facts” based on the circumstances and the officer’s policing “experience that criminal activity may be afoot.” Reasonable suspicion is—by design—a broad standard, deferential to police officers’ judgment. Law enforcement officers …
Gender Responsive Reentry: Supporting Mothers And Their Children, 2022 Minnesota State University, Mankato
Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock
Master of Social Work Student Policy Advocacy Briefs
The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, 2022 University of Arkansas at Little Rock William H. Bowen School of Law
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson
The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (“ACEs”) represent the “single greatest unaddressed public health threat facing our nation today” according to Dr. Robert Block, former President of the American Academy of Pediatrics.
ACEs are traumatic events that occur in early childhood, which can range from abuse and neglect to experiences derived from household and community dysfunction, such as losing a caregiver, being incarcerated, or living with a household member suffering from mental illness. …
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, 2022 University of the District of Columbia
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick
No abstract provided.
Reform In Name Only: The Difficulties Of Dismantling Mass Supervision In Pennsylvania, 2022 University of Pennsylvania
Reform In Name Only: The Difficulties Of Dismantling Mass Supervision In Pennsylvania, Srinidhi Ramakrishna
CUREJ - College Undergraduate Research Electronic Journal
Pennsylvania has one of the highest rates of people on probation in the United States. Probation reform legislation has repeatedly emerged in the Pennsylvania legislature since controversy arose in 2017 over rapper Meek Mill’s long probation sentence. However, probation reform initiatives that would reduce the use of probation in Pennsylvania have been obstructed or amended to actually increase its use and severity. To understand what makes achieving such probation reform difficult, this thesis analyzes three significant roadblocks – the phenomenon of devolution and the actions of two advocacy groups. This thesis is grounded in ten interviews conducted with key actors …
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, 2022 University of the District of Columbia
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick
No abstract provided.
Developing Police, 2022 University of South Carolina School of Law
Developing Police, Madalyn K. Wasilczuk
Buffalo Law Review
No abstract provided.
The Trouble With Time Served, 2022 University of Pennsylvania Carey Law School
The Trouble With Time Served, Kimberly Ferzan
Faculty Scholarship at Penn Carey Law
Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …
Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), 2022 Higher School of Judges under the Supreme Judicial Council of the Republic of Uzbekistan
Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), Mansurov Artem
It is known that in the past few years, the Uzbek offense has been actively reforming the economic procedural and arbitration procedural criminal prosecution in search of new effective economic and judicial remedies. In the applied aspect of civil and economic/economic procedural law, interest in the difficulties and suppression of local offenses. At the same time, from the study of the recognition and enforcement of foreign interim measures as a means of protection and its study in the countries of the Romano-Germanic distribution system in Uzbekistan, it has a large number of problems of a practical, one might say, and …
Asset Based Community Development: A Journey To Meeting The Needs Of The Whole Child., 2022 Newton Conover City Schools
Asset Based Community Development: A Journey To Meeting The Needs Of The Whole Child., Beth Bradley Penley, Victor Morales
National Youth Advocacy and Resilience Conference
This program will tell the story about one school district's journey to meeting the needs of the whole child. A shift in school culture from a reactive to a proactive purpose shaped the mindset of staff as they embarked in partnering with the local community to build a resource network to meet the needs of the students in which they serve. In addition to building community partnerships, the components of a successful intervention continuum are discussed including Positive Behavior Intervention and Support, Community in Schools, and the American School Counseling Association Model.
Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, 2022 Academy of the General Prosecution office of the Republic of Uzbekistan
Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li
The article analyzes the legislation on appeals of individuals and legal entities of advanced developed countries and member states of the Commonwealth of Independent States. In the comparative legal analysis of the legislation of these countries, the place of the prosecutor’s offices in them in the state register is emphasized by dividing them into groups with special attention. This article presents a scientific, theoretical and practical study of the implementation of national legislation on the appeals of individuals and legal entities of the Republic of Uzbekistan on the positive aspects contained in their normative legal acts, in the presentation of …
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, 2022 University of the District of Columbia
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.
Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, 2022 University of Washington School of Law
Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0
Washington Law Review
RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:
As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …
The Dignitary Confrontation Clause, 2022 University of Washington School of Law
The Dignitary Confrontation Clause, Erin Sheley
Washington Law Review
For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …
Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana, 2022 Universitas Brawijaya
Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana, Fachrizal Afandi
The Indonesian Journal of Socio-Legal Studies
This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …
International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, 2022 Higher School of Judges under the Supreme Judicial Council of the Republic of Uzbekistan
International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, Mansurov Artem
The article examines in detail an international treaty as a basis for the recognition and enforcement of foreign interim measures, in addition, the author came to the conclusion that the Economic Procedural Legislation of Uzbekistan in chapter 33 of the EPC RU regulates proceedings in cases of recognition and enforcement of decisions of foreign courts and arbitrations, however, such foreign judicial acts as interim measures in any form are not regulated. In addition, the recently adopted legislation on international commercial arbitration - LRU 674 of February 16, 2021, despite the fact that its norms contain the regulation of interim measures …
What We Got Wrong In The War On Drugs, 2022 University of St. Thomas
What We Got Wrong In The War On Drugs, Mark Osler
University of St. Thomas Law Journal
No abstract provided.
Focusing Presidential Clemency Decision-Making, 2022 The Heritage Foundation
Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.
Buffalo Law Review
The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.
Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …