Law Enforcement and Corrections Commons^™

Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred

William & Mary Law Review

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

University of Michigan Journal of Law Reform

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim. …

Trends In Juvenile Delinquency, David L. Jones Mr.

All NMU Master's Theses

ABSTRACT

TRENDS IN JUVENILE DELINQUENCY

By

David L. Jones

This is a study on trends in juvenile delinquency. The research proposal mentions, within the introduction, factors such as unemployment rates, high school dropout rates, poverty, and juvenile delinquency case rates in the United States, which are actually the variables that are used in the study to illustrate a relationship between them and the current trend in juvenile delinquency. In establishing the link, the paper does a brief literature review of various perspectives associated with juvenile delinquency and mentions some hypotheses that are relevant to the study. Further, the paper gives …

The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland

Catholic University Law Review

No abstract provided.

"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin

All Faculty Scholarship

Sentencing mitigation or sentencing videos are a form of visual legal advocacy that is produced on behalf of defendants for use in the sentencing phases of criminal cases (from charging to clemency). The videos are typically short (5 to 10 minutes or so) nonfiction films that explore a defendant’s background, character, and family situation with the aim of raising factual and moral issues that support the argument for a shorter or more lenient sentence. Very few examples of mitigation videos are in the public domain and available for viewing. This article provides a complete analysis of the constituent elements of …

The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens

University of the District of Columbia Law Review

In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …

Reflections On An Extraordinary Career: Thoughts About Jerry Caplan's Retirement, Michael Vitiello

Michael Vitiello

Reflections on an Extraordinary Career: Thoughts about Gerald Caplan’s Retirement Abstract: The occasion for this essay is the retirement of my colleague Gerald Caplan. But this is not a sentimental account of a friend’s career. Instead, I take the opportunity of Jerry’s retirement to reflect on the role of a thoughtful principled conservative as a Washington insider and as an academic. The essay explores three areas of Jerry’s distinguished career: the first is a discussion of his role in saving the Legal Services Corporation when it was under attack from the right wing, within and without the Reagan Administration. The …

Virtual Currencies: Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence J. Trautman

Lawrence J. Trautman Sr.

During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies; cybercrimes and payment systems; darknets, Tor and the “deep web;” Bitcoin; Liberty Reserve; Silk Road and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly. Virtual currencies present particularly difficult law enforcement challenges because of their: ability to transcend national borders in the fraction of a second; unique jurisdictional issues; …

The Scarlet Letter: Why Courts’ Reliance On Recidivist Statutes During Sentence Enhancement Hearings May Create Fifth And Eighth Amendment Violations, Jesse S. Weinstein

Jesse Weinstein

No abstract provided.

Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon

Seattle University Law Review

Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …

Policing By Numbers: Big Data And The Fourth Amendment, Elizabeth E. Joh

Washington Law Review

This article identifies three uses of big data that hint at the future of policing and the questions these tools raise about conventional Fourth Amendment analysis. Two of these examples, predictive policing and mass surveillance systems, have already been adopted by a small number of police departments around the country. A third example—the potential use of DNA databank samples—presents an untapped source of big data analysis. Whether any of these three examples of big data policing attract more widespread adoption by the police is yet unknown, but it likely that the prospect of being able to analyze large amounts of …

Street Diversion And Decarceration, Mary Fan

Articles

States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police at the gateway of entry into the criminal system has been underutilized. [para] The article explores developing the capacity of police to take a public health approach to drug offending by engaging in street diversion to treatment rather than criminal processing. This approach entails giving police therapeutic discretion—the power to sort who gets treatment rather …

Humane Killing And The Ethics Of The Secular: Regulating The Death Penalty, Euthanasia, And Animal Slaughter, Shai J. Lavi

UC Irvine Law Review

No abstract provided.

Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd

Rodger E. Broome

Policing and the poetics of everyday life. Chicago: University of Illinois Press, 2008. 256 pp. ISBN 978-0-252-03371-1 (cloth). $42.00. Policing and the Poetics of Everyday Life is a hermeneutical-aesthetic analysis within a human scientific approach of modern policing in the United States. It is an important study of police-citizen encounters informed by hermeneutic aesthetic thought and the author’s professional experience as a veteran with a Seattle area police department in Washington, USA.

On Thin Ice? Domestic Violence Advocacy And Law Enforcement-Immigration Collaborations, Diana Rempe

Dissertations and Theses

The public focus on domestic violence has been one of the most successful campaigns of the modern women's movement. This success was achieved in part through the creation of strategic alliances among agencies and organizations responding to partner violence. One of the most contested of these alliances involved partnering with the criminal justice system. While representing an advance in holding police accountable in protecting all citizens (Coker, 2006), this alliance has had problematic consequences, particularly as it has extended state power into the lives of women of color (e.g. Richie, 2005). This problem is exacerbated by new collaborations between law …

Back To The Future: The Constitution Requires Reasonableness And Particularity—Introducing The “Seize But Don’T Search” Doctrine, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Issuing one-hundred or fewer opinions per year, the United States Supreme Court cannot keep pace with opinions that match technological advancement. As a result, in Riley v. California and United States v. Wurie, the Court needs to announce a broader principle that protects privacy in the digital age. That principle, what we call “seize but don’t search,” recognizes that the constitutional touchstone for all searches is reasonableness.

When do present-day circumstances—the evolution in the Government’s surveillance capabilities, citizens’ phone habits, and the relationship between the NSA and telecom companies—become so thoroughly unlike those considered by the Supreme Court thirty-four years …

“Friend To The Martyr, A Friend To The Woman Of Shame”: Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Michael L Perlin

The need to pay attention to the law‘s capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the basis of disability [as] a violation of the inherent dignity and worth of the human person...."

Humiliation and shaming, …

Amicus Curiae Brief Of The National Association Of Criminal Defense Lawyers Supporting Respondent. Plumhoff V. Rickard, 134 S.Ct. 2012 (2014) (No. 12-1117), 2014 Wl 507161, Eric Schnapper, David M. Porter

Court Briefs

No abstract provided.

To Honor Hoffman, Focus On Prevention, Not The Drug War, Leo Beletsky

Leo Beletsky

No abstract provided.

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

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

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.