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Conviction Review Units: A National Perspective, John Hollway 2016 University of Pennsylvania Law School

Conviction Review Units: A National Perspective, John Hollway

Faculty Scholarship

Over the past 25 years, Americans have become increasingly aware of a vast array of mistakes in the administration of justice, including wrongful convictions, situations where innocent individuals have been convicted and incarcerated for crimes they did not commit. The most prevalent institutional response by prosecutors to address post-conviction fact-based claims of actual innocence is the Conviction Review Unit (CRU), sometimes called the Conviction Integrity Unit. Since the creation of the first CRU in the mid-2000s, more than 25 such units have been announced across the country; more than half of these have been created in the past 24 months ...


A Model Of Segmenting A High-Cost Crime Prevention Through Environmental Design Initiative, Paul Adams 2016 Governors State University

A Model Of Segmenting A High-Cost Crime Prevention Through Environmental Design Initiative, Paul Adams

All Capstone Projects

This project aimed to create a working model worthy to include within Schneider, Walker, and Sprague's description of a five-stage process of parceling out high-cost Crime Prevention Through Environmental Design (CPTED) initiatives. In 2002, the Department of Education and Department of Justice sponsored Schneider as the lead author for introducing and promoting CPTED initiatives for the first time in schools. This project's funding mechanism was created to help assist with the procurement of a highly priced CPTED initiative (key-less card system) for Suburban College.

Suburban College had faced a reoccurring pattern of theft from its classrooms and common ...


Implementing Talking Circles In A Living Learning Community, Shaniqua Jones 2016 Governors State University

Implementing Talking Circles In A Living Learning Community, Shaniqua Jones

All Capstone Projects

Restorative Justice is a collaborative decision-making process that has been integrated as an alternative approach to historic means of justice systems globally for thousands of years. Restorative justice began to impact higher education in 1998 in order to strengthen student ties to their respective colleges and universities by enriching student voices and experiences in various areas of academic and student life, including living learning communities. Talking Circles are one of many restorative practices used to facilitate effective dialogue among shareholders because it fosters a similarity of integration, motivation, and values. The purpose of this research is to determine if the ...


Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root 2016 Trinity College, Hartford Connecticut

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest ...


Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick 2016 Florida State University College of Law

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Indiana Law Journal

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore ...


An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham 2016 Portland State University

An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham

Economics Faculty Publications and Presentations

This paper uses the city level roll-out of legal service grants to evaluate their effects on crime. Using Uniform Crime Reports from 1960 to 1985, the results show that there is a short run increase of 7 percent in crimes reported and also a 13 percent increase in crimes cleared by arrest. Results show an increase in the staffing of police officers in cities that received legal services. These cities are also associated with having higher median property values 10 years later. This supports the narrative that legal services changed police behavior through litigation or threats of litigation.


Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard 2016 Boston College Law School

Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard

Boston College Law Review

Surveillance technology has raced ahead of the Fourth Amendment, forcing courts to confront high-tech intrusions with rusty jurisprudence. The Dirtbox, an airborne cell-site simulator, allows the government to sweep entire cities and intercept individuals’ cell phone location information without relying on cooperative intermediaries. This Note argues that the government’s use of the Dirtbox and other cell-site simulators amounts to a Fourth Amendment search because it may pinpoint individuals within a constitutionally protected space. Although the Department of Justice issued policy guidelines requiring its agents to obtain a search warrant before using this device, this narrow and unenforceable protocol fails ...


Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department, Gerry Boyle 2016 Colby College

Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department, Gerry Boyle

Colby Magazine

That Gross was a patrolman with the Berkeley (Calif.) Police Department for a year before going to graduate school may be only tangentially related to his decision to teach a course next semester called Policing the American City. But his time on the beat certainly gives him classroom cred.


Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian 2016 Fordham University School of Law

Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian

Fordham Urban Law Journal

No abstract provided.


Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey 2016 K2 Intelligence

Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey

Fordham Urban Law Journal

No abstract provided.


Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman 2016 School of Public Health and Health Services, George Washington University

Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman

Fordham Urban Law Journal

No abstract provided.


Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin 2016 Vanderbilt University Law School

Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin

Fordham Urban Law Journal

No abstract provided.


Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez 2016 Fordham University School of Law

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.


Aggregation And Urban Misdemeanors, Alexandra Natapoff 2016 Loyola Law School

Aggregation And Urban Misdemeanors, Alexandra Natapoff

Fordham Urban Law Journal

The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale ...


What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin 2016 National University

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre D. Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues.
 
For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.


The Costs Of Unenforced Laws: A Field Experiment, Ben Depoorter, Stephan Tontrup 2016 University of California Hastings College of Law

The Costs Of Unenforced Laws: A Field Experiment, Ben Depoorter, Stephan Tontrup

New York University Public Law and Legal Theory Working Papers

Unenforced laws are controversial. Admonished by some for undermining public respect for the law and violating the separation of powers, symbolic laws are supported by others because they set goals that society may one day achieve. In this article we identify a hidden cost of laws that the state does not intend or lacks resources to enforce. Based on evidence from a controlled field experiment involving public smoking bans, we show that right violations impose psychological costs on right holders even if they are indifferent about the behavior targeted by the law. Our results also shed light on mechanisms of ...


The Costs Of Unenforced Laws: A Field Experiment, Ben Depoorter, Stephan Tontrup 2016 University of California Hastings College of Law

The Costs Of Unenforced Laws: A Field Experiment, Ben Depoorter, Stephan Tontrup

New York University Law and Economics Working Papers

Unenforced laws are controversial. Admonished by some for undermining public respect for the law and violating the separation of powers, symbolic laws are supported by others because they set goals that society may one day achieve. In this article we identify a hidden cost of laws that the state does not intend or lacks resources to enforce. Based on evidence from a controlled field experiment involving public smoking bans, we show that right violations impose psychological costs on right holders even if they are indifferent about the behavior targeted by the law. Our results also shed light on mechanisms of ...


Prisoner Denied Sex Reassignment Surgery: The First Circuit Ignores Medical Consensus In Kosilek V. Spencer, Hana Church 2016 Boston College Law School

Prisoner Denied Sex Reassignment Surgery: The First Circuit Ignores Medical Consensus In Kosilek V. Spencer, Hana Church

Boston College Law Review

On December 16, 2014, in Kosilek v. Spencer, the U.S. Court of Appeals for the First Circuit held that refusing to provide a transgender prisoner sex reassignment surgery did not violate the Eighth Amendment. The court reasoned that the prisoner’s claim did not amount to an Eighth Amendment violation because she received adequate treatment for gender dysphoria and prison officials were not deliberately indifferent to her medical needs. This Comment argues that the First Circuit erred by ignoring medical consensus and relying on an outlier medical opinion when determining that sex reassignment surgery was not constitutionally required. Further ...


Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle 2016 University of Pennsylvania Law School

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

Faculty Scholarship

This Article examines the role military automated surveillance and intelligence systems and techniques have supported a self-reinforcing racial bias when used by civilian police departments to enhance predictive policing programs. I will focus on two facets of this problem. First, my research will take an inside-out perspective, studying the role played by advanced military technologies and methods within civilian police departments, and how they have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools, and which automates de facto penalization and ...


The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher 2016 College of William & Mary Law School

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.


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