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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 ...


No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin 2021 Seattle University School of Law

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over ...


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


The Constitutional Tort System, Noah Smith-Drelich 2021 Maurer School of Law: Indiana University

The Constitutional Tort System, Noah Smith-Drelich

Indiana Law Journal

Constitutional torts—private lawsuits for constitutional wrongdoing—are the primary means by which violations of the U.S. Constitution are vindicated and deterred. Through damage awards, and occasionally injunctive relief, victims of constitutional violations discourage future misconduct while obtaining redress. However, the collection of laws that governs these actions is a complete muddle, lacking any sort of coherent structure or unifying theory. The result is too much and too little constitutional litigation, generating calls for reform from across the political spectrum along with reverberations that reach from Standing Rock to Flint to Ferguson.

This Article constructs a framework of the ...


The Economic Case For Rewards Over Imprisonment, Brian D. Galle 2021 Maurer School of Law: Indiana University

The Economic Case For Rewards Over Imprisonment, Brian D. Galle

Indiana Law Journal

There seems to be a growing social consensus that the United States imprisons far too many people for far too long. But reform efforts have slowed in the face of a challenging question: How can we reduce reliance on prisons while still discouraging crime, particularly violent crime? Through the 1970s, social scientists believed the answer was an array of what I will call preventive benefits: drug and mental health treatment, housing, and even unconditional cash payments. But early evaluations of these programs failed to find much evidence that they were successful, confirming a then-developing economic theory that predicted the programs ...


Policing And "Bluelining", Aya Gruber 2021 University of Colorado Law School

Policing And "Bluelining", Aya Gruber

Articles

In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals ...


The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber 2021 University of Colorado Law School

The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber

Articles

No abstract provided.


A History Of Distrust: How Knowing The Law Impacts African American Males' Perceptions Of Police Encounters, Glynell R. Horn Jr. 2021 Antioch University - PhD Program in Leadership and Change

A History Of Distrust: How Knowing The Law Impacts African American Males' Perceptions Of Police Encounters, Glynell R. Horn Jr.

All Antioch University Dissertations & Theses

From its inception American Law Enforcement was built from a racially motivated system in which African Americans were subject to discriminatory treatment. Unfortunately, that treatment still persists in modern day policing, which is highlighted by the deaths of Eric Garner and George Floyd to name a few. There is no surprise that law enforcement needs to improve trust with the African American community; however there is a dire need for a new approach. This study is unique because unlike previous research this study focuses solely on African American males that reside in disenfranchised communities that are most at risk for ...


Citizens, Suspects, And Enemies: Examining Police Militarization, Milton C. Regan 2021 Georgetown University Law Center

Citizens, Suspects, And Enemies: Examining Police Militarization, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Concern about the increasing militarization of police has grown in recent years. Much of this concern focuses on the material aspects of militarization: the greater use of military equipment and tactics by police officers. While this development deserves attention, a subtler form of militarization operates on the cultural level. Here, police adopt an adversarial stance toward minority communities, whose members are regarded as presumptive objects of suspicion. The combination of material and cultural militarization in turn has a potential symbolic dimension. It can communicate that members of minority communities are threats to society, just as military enemies are threats to ...


Facial Recognition And The Fourth Amendment, Andrew Ferguson 2021 American University Washington College of Law

Facial Recognition And The Fourth Amendment, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo, or identifying every person who walks past a digital camera, the privacy and security impacts of facial recognition are profound and troubling.

This Article explores the constitutional design problem at the heart of facial recognition surveillance systems. One might hope that the Fourth Amendment – designed to restrain police power and enacted to limit governmental overreach – would have something to say about this ...


When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber 2021 University of Colorado Law School

When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber

Articles

10th Annual David H. Bodiker Lecture on Criminal Justice delivered on Wed., Oct. 21, 2020 at Ohio State University Moritz College of Law.


Reforming The High-States Gamble Of Covert Government Seizures, Jonathan Witmer-Rich 2021 Cleveland-Marshall College of Law, Cleveland State University

Reforming The High-States Gamble Of Covert Government Seizures, Jonathan Witmer-Rich

Law Faculty Articles and Essays

In a covert government seizure, police secretly enter a home when no one is present and seize contraband, often staging the scene to look like a burglary. These covert seizures are authorized by delayed notice search warrants. This Article identifies two serious problems with this practice and proposes reforms.

The first problem is that a successful covert seizure will likely provoke violent retaliation against innocent third parties. If the target of the covert seizure--say a drug dealer--believes someone has stolen a valuable drug stash, the dealer will seek to kill or harm whomever they believe conducted the burglary. The statute ...


Just A Girl In A Man’S World: Factors Affecting Women In Leadership In Law Enforcement, Gina Barras Holland 2020 University of New Orleans

Just A Girl In A Man’S World: Factors Affecting Women In Leadership In Law Enforcement, Gina Barras Holland

University of New Orleans Theses and Dissertations

Federal Bureau of Investigation (FBI) statistics from 2013 revealed that of about 477,000 sworn law enforcement officers at the local level in the United States, only 12% are women; and only 6.2% of those who hold intermediate-level rank are women (U.S. Department of Justice, Bureau of Justice Statistics, Local Police Department, 2013: Personnel, Policies, and Practices, 2015). Although legal mandates have afforded women career opportunities in law enforcement, those mandates have not provided protection within the structures of law enforcement agencies regarding achieving high ranking positions. Women are more likely than men to remain in lower-ranking positions ...


Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman 2020 University at Buffalo School of Law

Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman

Buffalo Law Review

Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body camera advocates have touted the cameras’ benefits, such as decreasing misconduct, reducing complaints, and improving accountability. At the same time, serious concerns have been raised regarding the impact of these cameras on privacy, public resources, and fairness. Despite the increased interest in body cameras, important empirical ...


Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk 2020 William & Mary Law School

Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk

Briefs

No abstract provided.


Reimagining Criminal Justice: A New System Is Required For Police Accountability, Thomas Johnson 2020 Golden Gate University School of Law

Reimagining Criminal Justice: A New System Is Required For Police Accountability, Thomas Johnson

Reimagining Criminal Justice

In 1997 Daniel Mendoza was shot by an off-duty Las Vegas Metro police offcer. The offcer who pulled the trigger had been drinking heavily and wanted to “harass dopers and bangers.” The offcer in question fired into a group of people from the passenger side of a vehicle. This offcer was tried and convicted, which sounds like a success.

However, when an offcer is not stopped before killing a citizen without regard to whether there was a suspected crime, it highlights a problem of accountability.


College Students’ Perceptions Of Law Enforcement And Legal Careers, Courtney Alley 2020 East Tennessee State University

College Students’ Perceptions Of Law Enforcement And Legal Careers, Courtney Alley

Undergraduate Honors Theses

Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the ...


Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke 2020 Brooklyn Law School

Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke

Journal of Law and Policy

In recent years, New York has re-focused on the widely debated topic of how to best manage and regulate prostitution in the United States. As a state-level issue, the debate presents an invaluable opportunity to re-examine how New York as a society views sex work. The answer in New York focuses on the idea that sex work is real work, where workers should be able to carry out their profession without stigma or fear of arrest. As it stands, the proposed reform largely focuses on decriminalizing both the purchase and sale of sex. This approach contrasts with the legal structure ...


Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. FitzGerald 2020 West Virginia University

Sane, Manipulative Self-Harm: When Hostage And Hostage Taker Become One, John R. Fitzgerald

West Virginia Law Review

No abstract provided.


California Is On Fire – Firefighters And Prisoners To The Rescue, Cathryn Howell 2020 Golden Gate University School of Law

California Is On Fire – Firefighters And Prisoners To The Rescue, Cathryn Howell

GGU Law Review Blog

California is burning at a record high rate and has seen unprecedented damage due to the increase of the severity of fires as well as the increase in the duration of fire season. However, many are unaware that inmates have been playing a very important role in mitigating these fires while serving their prison sentences by helping alongside employed firefighters in battling these dangers.

Despite all of the training and first-hand experience, many inmates are unable to become employed firefighters because the California Emergency Medical Services Authority (EMSA) will not issue them an Emergency Medical Technician (EMT) Certificate, which is ...


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