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Moneyball Sentencing, Dawinder Sidhu 2017 University of New Mexico School of Law

Moneyball Sentencing, Dawinder Sidhu

Dawinder Sidhu

Sentencing is a backward- and forward-looking enterprise. That is, sentencing is informed by an individual’s past conduct as well as by the criminal justice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the rates of recidivism for people possessing the same group characteristics (e.g., race, sex, socio-economic status, education). The sentencing community is drawn to this statistical technique because it purportedly distinguishes with greater accuracy the high-risk from the low-risk, and thereby allows for ...


Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett 2017 Boston College Law School

Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett

Boston College Law Review

The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...


Rape Law Gatekeeping, Corey Rayburn Yung 2017 University of Kansas School of Law

Rape Law Gatekeeping, Corey Rayburn Yung

Boston College Law Review

Police across the United States regularly act as hostile gatekeepers who prevent rape complaints from advancing through the criminal justice system by fervently policing the culturally disputed concept of “rape.” Victims are regularly disbelieved, rape kits are discarded without investigation, and, as a result, rapists remain free. The substantial empirical evidence and stories from victims across the United States demonstrate that any success in decreasing sexual violence hinges on removing the numerous police-imposed obstacles inhibiting investigation and adjudication in rape cases, beginning with substantial reform of police practices. An examination of modern cases and the historical record indicates that the ...


Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir 2017 Pepperdine University

Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir

Pepperdine Law Review

Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States. This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it ...


Health And Safety Overregulation, Michael Lewyn 2017 Touro Law Center

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Anti-jaywalking laws are designed to protect the safety of pedestrians. Similarly, police and child protection officials punish parents who allow their children to walk to school, in the name of child safety. This speech criticizes these policies and their justifications.


Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Use Of Force: A Split-Second Decision, Samantha McNulty 2017 The University of Akron

Use Of Force: A Split-Second Decision, Samantha Mcnulty

Honors Research Projects

This paper discusses the compliance and measures taken by Summit County, Ohio police departments in their efforts to meet use of force policy standards set by the Ohio Collaborative Community-Police Advisory Board. This board was established by Kasich's Executive Order 2015-04K to create standards on what the departments' use of force or response to resistance policies should contain and determine the Ohio departments which comply with the certification standards.


Addiction, Choice And Criminal Law, Stephen J. Morse 2017 University of Pennsylvania Law School

Addiction, Choice And Criminal Law, Stephen J. Morse

Faculty Scholarship

This chapter is a contribution to a volume, Addiction and Choice, edited by Nick Heather and Gabriel Segal that is forthcoming from Oxford University Press. Some claim that addiction is a chronic and relapsing brain disease; others claim that it is a product of choice; yet others think that addictions have both disease and choice aspects. Which of these views holds sway in a particular domain enormously influences how that domain treats addictions. With limited exceptions, Anglo-American criminal law has implicitly adopted the choice model and a corresponding approach to responsibility. Addiction is irrelevant to the criteria for the prima ...


Moderating Effects Of Resilience And Recovery On The Stressor-Strain Relationship Among Law Enforcement Officers, Austin Hearne 2017 Minnesota State University, Mankato

Moderating Effects Of Resilience And Recovery On The Stressor-Strain Relationship Among Law Enforcement Officers, Austin Hearne

All Theses, Dissertations, and Other Capstone Projects

The purpose of this study is to investigate the relationships between individual resilience, recovery from work, and the relationship between stressors and strains in a sample of police officers. I primarily plan to test whether individual resiliency and recovery moderates the relationship between law enforcement-related organizational and operational stressors and strains such as burnout, sleep disturbances and poor general well-being. I hypothesize that individual resiliency and recovery will both moderate the stressor-strain relationship, so that officers who exhibit higher resiliency and engage in appropriate recovery will experience less strain from the stressors of their occupation. Additionally, I hypothesize that recovery ...


"Can We Clean Their Guns For Em'?" Frame Analysis Of Media Coverage Surrounding The Killing Of African Americans By Police, A Comparison Of Four U.S. And International News Sources, Jeffrey Longhurst 2017 Minnesota State University, Mankato

"Can We Clean Their Guns For Em'?" Frame Analysis Of Media Coverage Surrounding The Killing Of African Americans By Police, A Comparison Of Four U.S. And International News Sources, Jeffrey Longhurst

All Theses, Dissertations, and Other Capstone Projects

Instances of unarmed African Americans being killed when encountering police officers have come to the forefront of the discussion about race and race relations in the U.S. This study investigates media framing to determine if there are elements of racism in media frames surrounding these events. This study seeks to determine the extent that the tenets of Critical Race Theory apply in news when comparing stories Fox News and CNN online articles with articles by Al Jazeera and BBC. The two cases chosen were the killings of Micheal Brown in Ferguson, Missouri and Freddie Gray in Baltimore, Maryland. Using ...


How Much Is Police Brutality Costing America?, Eleanor Lumsden 2017 Golden Gate University School of Law

How Much Is Police Brutality Costing America?, Eleanor Lumsden

Publications

The criminal law of the United States fails to stop the unlawful killing of minorities by law enforcement. In fact, it was never meant to do so. Civil tort law is also unequal to the task. The consequences of not correcting these legal failures are far-reaching for the United States and for our neighbors, and have so far been underreported. This article explores the direct and indirect costs of these failings, positive measures already underway, and makes further sugges-tions for reform.


Who Should Own Police Body Camera Videos?, Laurent Sacharoff, Sarah Lustbader 2017 University of Arkansas School of Law

Who Should Own Police Body Camera Videos?, Laurent Sacharoff, Sarah Lustbader

Washington University Law Review

Numerous cities, states, and localities have adopted police body camera programs to enhance police accountability in the wake of repeated instances of police misconduct, as well as recent reports of more deep- seated police problems. These body camera programs hold great promise to achieve accountability, often backed by millions of dollars in federal grants.

But so far, this promise of accountability has gone largely unrealized, in part because police departments exercise near-total control over body camera programs and the videos themselves. In fact, the police view these programs chiefly as a tool of ordinary law enforcement rather than accountability—as ...


Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers 2017 Tufts University

Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers

University of Michigan Journal of Law Reform

In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right ...


Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo 2017 University of Michigan Law School

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo

University of Michigan Journal of Law Reform

A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.


Impact Of Family-Friendly Prison Policies On Health, Justice And Child Protection Outcomes For Incarcerated Mothers And Their Dependent Children: A Cohort Study Protocol, Helen Myers, Leonie Segal, Derek Lopez, Ian W. Li, David B. Preen 2017 Edith Cowan University

Impact Of Family-Friendly Prison Policies On Health, Justice And Child Protection Outcomes For Incarcerated Mothers And Their Dependent Children: A Cohort Study Protocol, Helen Myers, Leonie Segal, Derek Lopez, Ian W. Li, David B. Preen

ECU Publications Post 2013

Introduction Female imprisonment has numerous health and social sequelae for both women prisoners and their children. Examples of comprehensive family-friendly prison policies that seek to improve the health and social functioning of women prisoners and their children exist but have not been evaluated. This study will determine the impact of exposure to a family-friendly prison environment on health, child protection and justice outcomes for incarcerated mothers and their dependent children.

Methods and analysis A longitudinal retrospective cohort design will be used to compare outcomes for mothers incarcerated at Boronia Pre-release Centre, a women’s prison with a dedicated family-friendly environment ...


From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini 2017 Brooklyn Law School

From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini

Brooklyn Journal of Corporate, Financial & Commercial Law

In the recent past, hedge funds have demonstrated that they can pose and spread systemic risk across the financial markets, and that their managers can use them to commit fraud and misappropriation of fund assets. Even if the first issue now seems to be considered a serious one by the U.S. legislature, which in 2010, as a legislative response to the global financial crisis of 2007-2008, enacted the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (Dodd-Frank), the current regulation still appears inconsistent and inappropriate to prevent and face it. By contrast, the second issue is not always ...


Sexual Misconduct In Prison: What Factors Affect Whether Incarcerated Women Will Report Abuses Committed By Prison Staff?, Sheryl Pimlott Kubiak, Hannah Brenner, Deborah Bybee, Rebecca Campbell, Cristy E. Cummings, Kathleen M. Darcy, Gina Fedock, Rachael Goodman-Williams 2017 Michigan State University

Sexual Misconduct In Prison: What Factors Affect Whether Incarcerated Women Will Report Abuses Committed By Prison Staff?, Sheryl Pimlott Kubiak, Hannah Brenner, Deborah Bybee, Rebecca Campbell, Cristy E. Cummings, Kathleen M. Darcy, Gina Fedock, Rachael Goodman-Williams

Faculty Scholarship

No abstract provided.


Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick 2017 Berkman Klein Center for Internet & Society at Harvard University

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick

All Faculty Scholarship

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions ...


Rights Of Incarcerated Parents, Angélica Cházaro 2017 University of Washington School of Law

Rights Of Incarcerated Parents, Angélica Cházaro

Chapters in Books

This chapter discusses the childcare and custody rights of incarcerated parents. According to the U.S. Department of Justice, an estimated 809,800 state and federal prisoners were parents to children under the age of eighteen in 2007. There are approximately 1,706,600 children under the age of eighteen who have a parent in prison.

As a parent in prison, you may fear that your child will not be cared for, that you will lose your child, or that your relationship with your child will suffer while you are incarcerated. This Chapter focuses on New York state law and ...


Seizing Family Homes From The Innocent: Can The Eighth Amendment Protect Minorities And The Poor From Excessive Punishment In Civil Forfeiture?, Louis S. Rulli 2017 University of Pennsylvania Law School

Seizing Family Homes From The Innocent: Can The Eighth Amendment Protect Minorities And The Poor From Excessive Punishment In Civil Forfeiture?, Louis S. Rulli

Faculty Scholarship

Civil forfeiture laws permit the government to seize and forfeit private property that has allegedly facilitated a crime without ever charging the owner with any criminal offense. The government extracts payment in kind—property—and gives nothing to the owner in return, based upon a legal fiction that the property has done wrong. As such, the government’s taking of property through civil forfeiture is punitive in nature and constrained by the Eighth Amendment’s Excessive Fines Clause, which is intended to curb abusive punishments.

The Supreme Court’s failure to announce a definitive test for determining the constitutional excessiveness ...


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