Digital Commons Network^™

The Impact Of A Crisis Intervention Team Program On Psychiatric Boarding, Kurtis Hooks

Counseling & Human Services Theses & Dissertations

Psychiatric boarding is the phenomenon of housing individuals in emergency departments while awaiting access to mental health services in the community. The expansion of psychiatric boarding is attributed to continued deinstitutionalization and under-resourcing of mental health services. Psychiatric boarding is also associated with deleterious outcomes for individuals in need of access to behavioral health services, facilities. There is limited research on programmatic efforts to reduce psychiatric boarding as it pertains to Crisis Intervention Team programs colocated in medical settings. Crisis Intervention Team (CIT) programs are community-based, multi-stakeholder partnerships that include dedicated assessment centers crisis response and referral. This study utilized …

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the courts belong to different power …

Beyond Bail, Jenny E. Carroll

Faculty Scholarship

From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of money bail, reform movements have altered the landscape of pretrial detention. Yet little attention has been paid to the emerging reality of a post-money bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on non-monetary conditions of release. These non-monetary conditions can be problematic for many of the same reasons that money bail is problematic and can inject additional bias into the pretrial system.

In theory, non-monetary conditions offer increased opportunities …

Habeas Corpus Unbound, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin to …

Breathing Room For The Right Of Assembly, Tabatha Abu El-Haj

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the legal and political fault lines that the wave of protests highlighting police violence and systemic racism in the summer of 2020 reveal. It focuses in depth on Detroit, Michigan, as a window into the ways that the First Amendment, as currently construed, under-protects those seeking political change and racial reckoning by demonstrating in the streets.

#Blacklivesmatter: From Protest To Policy, Jamillah Bowman Williams, Naomi Mezey, Lisa Singh

William & Mary Journal of Race, Gender, and Social Justice

We find that the protests of 2020 did indeed begin a paradigm shift in the social awareness of racialized police violence, and this important and significant social change has in turn already inspired political change and some degree of legal and policy change. However, the movement remains in a precarious position and it is uncertain how enduring these changes will be. While many state legislators and local officials have responded to the protests with policy reforms, policy action at the federal level is mostly stalled. In addition, it is unclear whether the state and local policy changes will lead to …

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review (2017-Present)

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

#Blacklivesmatter: From Protest To Policy, Jamillah Bowman Williams, Naomi Mezey, Lisa O. Singh

Georgetown Law Faculty Publications and Other Works

In summer 2020, mass protests spread across the globe challenging police brutality and racial injustice and demanding change. Fueled by the Black Lives Matter (BLM) movement in the wake of the police murder of George Floyd, these protests drew 15 million to 26 million participants in the United States alone to participate in late May and June of 2020. The sheer scale of these protests made them the largest movement in U.S. history. While there has been some consensus that this unprecedented protest movement pushed social awareness and changed the national conversation around race, existing research has yet to clearly …

Race-Based Remedies In Criminal Law, Ion Meyn

William & Mary Law Review

This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring public safety. As jurisdictions assiduously attempt race-neutral fixes, they also acknowledge the shortcomings of such interventions. Nevertheless, jurisdictions dismiss the feasibility of deploying more effective race-conscious strategies due to the shadow of a constitutional challenge. The apprehension is understandable. Debates around affirmative action in higher education and government contracting reveal fierce hostility toward race-based remedies.

This Article, …

The Right To Education Under State Constitutions As Applied To Juvenile Delinquents, Laurenne Ferber-Kaufmna

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the U.S. Constitution does not guarantee a fundamental right to education, many state constitutions, including New York's, explicitly recognize this right for children. It contends that juvenile offenders in New York prisons are entitled to the same educational rights as other children under the state's education clause but are currently not receiving an adequate education that meets state standards. The note advocates for reforms to align New York's juvenile education system with its constitutional obligations and suggests adopting practices from other states, such as Florida and Virginia, to improve educational outcomes for juvenile offenders.

Rluipa’S Hidden Third-Party Harms On Landowners And Local Governments, Menachem Polishuk

Cardozo Law Review

No abstract provided.

Police Use Of Force Laws In Texas, Gerald S. Reamey

St. Mary's Law Journal

Abstract forthcoming.

A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California Department …

2021 Annual Campus Security And Fire Safety Report, Otterbein Police Department

Otterbein Police Department

2021 Annual Campus Security and Fire Safety Report from the Otterbein Police Department. The crime and arrest statistics compiled by OPD are from calendar years 2018, 2019, and 2020.

Blue Racing: The Racialization Of Police In Hate Crime Statutes, Christopher Williams

University of Michigan Journal of Law Reform

Content warning: this Article discusses police brutality.

The relationship between race, law, and policing is one that has been analyzed by many scholars throughout U.S. history. The vast majority of research about police has highlighted policing in relation to groups they police, focusing on areas such as policing practices, policies, or involvement in the racialization of minority groups. This scholarship has far outpaced research on actions taken by law enforcement on behalf of law enforcement— specifically, how law enforcement engages in racialization out of self-interest. A better understanding of the ways in which law enforcement engages in racialization that is …

A Decarceral Cadence: Neurologic Music Therapy As An Abolitionist Project, Mallori D. Thompson, Richard A. Kirby

Connecticut Law Review

Because police and prison abolition must be approached while simultaneously improving quality of life, and thus reducing harm, abolitionist discourse should include health policies that regard the (de)regulation, use, and culture of addictive substances. This Essay calls for research into neurologic music therapy as a response to addiction, improving quality of life and paving the way for police and prison abolition.

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

Cardozo Law Review

Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama’s immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama’s signature prosecutorial discretion program. Although the …

Voices From A Prison Pandemic: Lives Lost From Covid-19 At Lakeland Correctional, Kimberly Thomas

Articles

Coronavirus tore through jails and prisons like wildfire. In some states, more than half of the people incarcerated there tested positive for COVID-19; nearly 400,000 people in prison across the United States have tested positive. For people in prison, COVID-19 brought the loss of close friends, solitary confinement, loss of connection with family and programming, lack of information, and fear of contracting the virus. It has also reminded those who are incarcerated of the one-dimensional way in which people in prison are perceived. As stated by one collaborator, Cory Souders, "[s]o many men and women who come to prison are …

Victims, Right?, Anna Roberts

Cardozo Law Review

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …

Defining Necessary Deadly Force For Police: A Framework For Interpreting California’S A.B. 392, Alison Goldman

Cardozo Law Review

No abstract provided.

Frankly, It's A Mess: Requiring Courts To Transparently "Redline" Affidavits In The Face Of Franks Challenges, Diana Bibb

William & Mary Bill of Rights Journal

Part I provides a brief overview of the Fourth Amendment, probable cause, and the exclusionary rule. Part II discusses Franks v. Delaware, the development of the challenge’s framework, and subsequent expansions to the doctrine made by the lower courts. Next, Part III argues that, despite the aforementioned expansions, courts have consistently weakened Franks. Notably, the Supreme Court refuses to consider Franks issues, including the multitude of splits over which standard of review is applicable. Moreover, some circuits have developed their own minute rules that have chiseled away at the effectiveness of a Franks challenge. Part IV proposes that …

Thompson V. Clark: Brief Of Amici Curiae Current And Former Prosecutors, Department Of Justice Officials, And Judges In Support Of Petitioner, Barbara L. Mcquade

Appellate Briefs

Amici are current and former federal, state, and local prosecutors, Department of Justice officials, and judges with experience prosecuting and establishing policy for prosecuting crimes at various levels of the criminal justice system. Amici recognize that prosecutors and judges must always conduct their duties in the interests of justice. Prosecutors therefore exercise their discretion to seek dismissal of criminal charges—and judges grant dismissal— where there is insufficient evidence to prove the case beyond a reasonable doubt or when other compelling circumstances call for dismissal. Amici have an interest in ensuring that prosecutors’ decisions whether to pursue criminal charges are not …

To “Defund” The Police, Jessica M. Eaglin

Articles by Maurer Faculty

Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of “defund” to clarify and distinguish four alternative, substantive policy positions that legal reforms related to police funding can validate. It argues that the policy debates between these positions exist on top of the ideological critique launched by grassroots activists, who use the term “defund the police” as a discursive tactic to make visible deeper transformations in government practices that normalize the structural marginalization of black …

Grand-Vision: An Intelligent System For Optimized Deployment Scheduling Of Law Enforcement Agents, Jonathan Chase, Tran Phong, Kang Long, Tony Le, Hoong Chuin Lau

Research Collection School Of Computing and Information Systems

Law enforcement agencies in dense urban environments, faced with a wide range of incidents to handle and limited manpower, are turning to data-driven AI to inform their policing strategy. In this paper we present a patrol scheduling system called GRAND-VISION: Ground Response Allocation and Deployment - Visualization, Simulation, and Optimization. The system employs deep learning to generate incident sets that are used to train a patrol schedule that can accommodate varying manpower, break times, manual pre-allocations, and a variety of spatio-temporal demand features. The complexity of the scenario results in a system with real world applicability, which we demonstrate through …

Police Arbitration, Stephen Rushin

Vanderbilt Law Review

Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly overturn or reduce discipline, little legal research has comprehensively examined the outcomes of police disciplinary appeals across the United States.

In order to better understand the use of arbitration in police disciplinary appeals and build on prior research, this Article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range …

Specter Of Reform: Understanding The Violent Crime Control And Law Enforcement Act Of 1994 And Its Role In Expanding The Modern Prison Industrial Complex, Timothy Nii-Okai Welbeck

Arlen Specter Center Research Fellowship

The United States incarcerates more of its citizens than any other nation in recorded history, and currently houses roughly 25% of the world’s prison population. Though the US prison population dipped in 2016 to its lowest rate since 1993, the sheer number of people under the supervision of the criminal justice system within the country is staggering. As of 2012, one in one hundred adults in the US are in jail or prison, which makes the US the nation with the world’s largest prison population. The US also leads the world in rate of incarceration. Thus, the nation’s prisons teem …

Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder

Journal Articles

Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …

Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There has been an average of approximately 3.9 death penalty exonerations annually in the United States since 1973 (DPIC, 2021). Wrongful convictions and executions constitute grave and irreversible errors. Studies show official misconduct is one of the leading causes for wrongful convictions and exonerations. Misconduct by police, prosecutors, and judges includes a wide range of behaviors such as coercing confessions, depriving rights to legal counsel, threatening witnesses, and concealing evidence. Operating under the due process model, the adversarial legal system is designed to detect and prevent any procedural violations of defendant’s rights, including official misconduct. Utilizing Packer’s (1964) due process …

Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis

William & Mary Bill of Rights Journal

No abstract provided.