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Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund 2021 Wayne State University

Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


The Two Percent: How Florida’S Capital Punishment System Defies The Eighth Amendment, Sofia Perla 2021 Florida International University College of Law

The Two Percent: How Florida’S Capital Punishment System Defies The Eighth Amendment, Sofia Perla

FIU Law Review

No abstract provided.


Beyond Qualified Immunity, Fred O. Smith Jr. 2021 Emory University School of Law

Beyond Qualified Immunity, Fred O. Smith Jr.

Michigan Law Review Online

I never watched the video. The descriptions themselves have always felt like enough. Traumatizing enough. Invasive enough. George Floyd, father of two, laying on the ground, as an unfazed officer kneeled on his neck for at least eight minutes and forty-six seconds. He pleaded for his life and cried out to his deceased mother until he met his inevitable death. His name should be said for the record before saying almost anything else. The recording of the chilling final minutes of his life is, in all probability, one of the impetuses for this multi-journal Reckoning and Reform Symposium.


“Juveniles Are Different”: Easier Said Than Done Resolving Disparities Among Courts Regarding The Constitutionality Of Sentencing Juveniles To De Facto Life-Without-Parole, Audrey Fernandez 2021 FIU College of Law

“Juveniles Are Different”: Easier Said Than Done Resolving Disparities Among Courts Regarding The Constitutionality Of Sentencing Juveniles To De Facto Life-Without-Parole, Audrey Fernandez

FIU Law Review

No abstract provided.


Crime And The Mythology Of Police, Shima Baughman 2021 S.J. Quinney College of Law, University of Utah

Crime And The Mythology Of Police, Shima Baughman

Utah Law Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating ...


“Extraordinary And Compelling” Circumstances: Revisiting The Role Of Compassionate Release In The Federal Criminal Justice System In The Wake Of The First Step Act, Siobhan A. O'Carroll 2021 Washington University School of Law

“Extraordinary And Compelling” Circumstances: Revisiting The Role Of Compassionate Release In The Federal Criminal Justice System In The Wake Of The First Step Act, Siobhan A. O'Carroll

Washington University Law Review

Lawmakers have recently revitalized compassionate release as part of a larger effort to address mass incarceration, through the First Step Act of 2018. Previously, the Bureau of Prisons (“BOP”) served a gatekeeping role for all compassionate release petitions. Now inmates may bring their petitions directly to sentencing courts after exhausting the administrative remedies available through the BOP. This change has increased the number of inmates who benefit from compassionate release. Notably, however, this change has also led to adversarial litigation of compassionate release petitions.

This Note considers the constitutional implications and policy concerns arising from the updated compassionate release mechanism ...


The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll 2021 Touro Law Center

The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll

Touro Law Review

No abstract provided.


Prevention And Remediation Of Police Excessive Force And Similar Complaints, Russel K. Osgood 2021 Washington University School of Law

Prevention And Remediation Of Police Excessive Force And Similar Complaints, Russel K. Osgood

Washington University Journal of Law & Policy

Currently, many jurisdictions do not have a basic disciplinary system in place with respect to allegations of excessive force. Even those that do have found them to be ineffective for various reasons including police mismanagement. Improving the system is complicated by the multiplicity and variability of U.S. police and sheriff departments. Osgood proposes mandating some form of a statewide or regional police force structure with better training, higher educational requirements for officer entry, less of a militarized appearance, revised review with respect to claims of excessive force, and more. Osgood describes aspects of an ideal state-wide or regional police ...


The Injustices Behind America’S Incarceration Boom, Jay Widlacki 2021 University of Missouri, St. Louis

The Injustices Behind America’S Incarceration Boom, Jay Widlacki

Undergraduate Research Symposium

America’s mass incarceration system functions as a tool to keep their black communities impoverished and powerless. Black people are locked away at disproportionate rates; moreover, statistics suggest that the criminal justice system is racially biased at every step. These two systems work together to keep an alarmingly high amount of black people behind bars so businesses can profit off of them. If ex-convicts leave the prison, they will find it hard to reintegrate into society because of the post-prison fees, parole requirements, discrimination, and disenfranchisement. Without rehabilitation available in most prisons, these barriers make the prison system akin to ...


Correctional Officer Opinions About Offenders With Mental Illness: The Relationships Among Opinions, Burnout, Emotional Intelligence, And Mental Health Training, Courtney Hull 2021 West Virginia University

Correctional Officer Opinions About Offenders With Mental Illness: The Relationships Among Opinions, Burnout, Emotional Intelligence, And Mental Health Training, Courtney Hull

Graduate Theses, Dissertations, and Problem Reports

Rates of mental illness among incarcerated individuals in the United States are high and have been well documented. Correctional officers are on the front line of identifying symptoms and alerting mental health professionals to problems as they arise. Correctional officers often lack an understating of mental illness, feel ill-equipped to manage mental health crises, and experience high levels of job-related stress. The objective of this study was to better understand the relationship between correctional officers’ emotional intelligence and opinions about mental illness, and to identify if burnout moderated the relationship between the variables. Additionally, the study sought to understand the ...


Duress In Immigration Law, Elizabeth A. Keyes 2021 Seattle University School of Law

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in ...


School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani 2021 Seattle University School of Law

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...


A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle 2021 UIC School of Law

A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle

UIC Law Review

No abstract provided.


“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank 2021 University of Nebraska-Lincoln

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

Faculty Publications of the Center on Children, Families, and the Law

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors ...


Conflict Communication In Law Enforcement, Don Zheng 2021 Minnesota State University, Mankato

Conflict Communication In Law Enforcement, Don Zheng

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper will focus on addressing conflict communication in law enforcement and what literature are available and the gaps within them. Conflict communication can range from the way's words are used, what words are used, and when those words are used when police officers interact with the public. Due to the lack of extensive research done within communication studies and law enforcement, this paper aims to aid in getting future research studies done within the professions. Conflict communication within law enforcement is a topic that should be talked about more to possibly lower the number of instances where physical ...


An Examination Of African Americans’ Fear Of Police Among Generation Z, James Jones 2021 Nova Southeastern University

An Examination Of African Americans’ Fear Of Police Among Generation Z, James Jones

Theses and Dissertations

The purpose of this study was to examine the level of fear Generation Z-African Americans have of police. The population for this research consisted of African Americans between the ages of 18 and 25 and resided in the United States of America. From this population, a sample size of 105 participants were constructed for the study. The research compared the level of fear Blacks have of police when grouped by age, gender, education level, region of the country, and community of residence. Random sampling was used for participant selection, and a series of non-parametric ANOVAs (i.e., Kruskal-Wallis tests) were ...


Police Prosecutions And Punitive Instincts, Kate Levine 2021 Benjamin N. Cardozo School of Law

Police Prosecutions And Punitive Instincts, Kate Levine

Washington University Law Review

This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for a dramatic reduction of the criminal legal system’s footprint, are deeply problematic. It shows that police prosecutions legitimize the criminal legal system while at the same time displaying the same racism and ineffectiveness that have been shown to pervade our prison-backed ...


Design Justice In Municipal Criminal Regulation, Amber Baylor 2021 Texas A&M University School of Law

Design Justice In Municipal Criminal Regulation, Amber Baylor

Faculty Scholarship

This Article offers a model for addressing current inequities in U.S. municipal criminal regulation through design justice theory. Historically, municipal courts in the United States have been the arbiter of minor crimes, processing traffic tickets and other low-level criminal charges. They have also served to uphold Black Codes, segregation, anti-protest laws, and “broken windows” criminal regulation. Enhancing equality in municipal courts requires meaningful participation from across the city’s populace. Participatory design- a framework within urban planning, architecture and design fields- is a practice with honed protocols for implementing meaningful participation from “users” of a place or product. The ...


Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres 2021 Texas A&M University School of Law

Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres

Faculty Scholarship

The spring of 2020 saw waves of protest as police killed people of color. After George Floyd’s death, protests erupted in over 140 cities. The systemic racism exhibited by these killings has been uncontrollable, hopeless, and endless. Our country is facing a national crisis. In response to the police killings, businesses, schools, and communities held diversity workshops across the nation, and businesses and organizations posted antiracism statements. Legislators and City Councils introduced bills and orders to defund police and to limit qualified immunity. As schools prepared for the fall semester, teachers considered ways to incorporate antiracism materials into the ...


Population-Based Sentencing, Jessica M. Eaglin 2021 Indiana University Maurer School of Law

Population-Based Sentencing, Jessica M. Eaglin

Articles by Maurer Faculty

The institutionalization of actuarial risk assessments at sentencing reflects the extension of the academic and policy-driven push to move judges away from sentencing individual defendants and toward basing sentencing on population level representations of crimes and offenses. How have courts responded to this trend? Drawing on the federal sentencing guidelines jurisprudence and the emerging procedural jurisprudence around actuarial risk assessments at sentencing, this Article identifies two techniques. First, the courts have expanded individual procedural rights into sentencing where they once did not apply. Second, the courts have created procedural rules that preserve the space for judges to pass moral judgment ...


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