Digital Commons Network^™

School Shootings And Principals' Perception Of Armed Personnel In An Education Setting, Richard Reyes

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this study was to explore the dilemma principals have in determining the best approach to provide safe environment for their students and faculty, while at the same time creating an environment that is conducive to education.

The study looked at an urban school district with a marginalized community with low socioeconomic status as identified by the District Factor Group A. Twelve school principals were interviewed to gather information of their perceptions in relation to having armed personnel in their schools.

The literature on school shootings and armed personnel in schools was reviewed. The literature consisted of peer-reviewed …

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.

Challenges Facing Massachusetts Agencies, Richard Ferrari

Public Affairs Capstones Collection

For many residents of Massachusetts corrections is a part of the public sector that remains hidden behind tall walls topped with barbed wire. These walls do not just keep the inmate population on the inside, but keep the public out. This capstone provides a view from inside the walls of our corrections facilities. Interviews with high ranking corrections administrators throughout Massachusetts give an insiders perspective into the challenges facing Massachusetts corrections agencies. Over a billion dollars is spent on corrections in Massachusetts alone. This capstone looks at how that money is spent and the policies that dictate how our corrections …

Running The Boys' Club: An Examination Of The Experiences Of Female Law Enforcement Leaders, Jennifer Lynn Taylor

Dissertations

After struggling for decades for an equal status, it appears that female law enforcement officers in general have overcome the obstacles that initially kept them away from the job. Now, it is not uncommon to see a woman working as a patrol officer or criminal investigator. It took a shift in attitude over time and government intervention for this evolution to occur. Male officers were resistant, because the presence of women was considered a threat to their boys’ club that they so cherished. But, eventually, they have come to accept the role of women in policing.

Unfortunately, another dilemma surfaced …

Flawed Coalitions And The Politics Of Crime, David Jaros

All Faculty Scholarship

Bipartisanship can be dangerous. In the late 1970s, liberal and conservative forces united to discard two centuries of federal sentencing practice and usher in an era of fixed guidelines that would reshape the criminal justice landscape. In the decades that followed, liberals would come to bitterly regret their alliance with conservative sentencing reformers. The guideline regime established by the Sentencing Reform Act ultimately advanced hardline conservative criminal justice goals that were antithetical to the objectives of many of the Act’s former liberal supporters.

Researchers have shown that a particular cognitive bias — cultural cognition — can explain why intense partisan …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article evaluates drone technology and design …

Resident Evil: A Reformation Of U.S. Civil Confinement Law, Jessica Morak

Cardozo Journal of International and Comparative Law

The note critiques the U.S. system of civil confinement for sexually violent predators (SVPs), arguing that it prioritizes punishment over treatment due to delayed rehabilitative efforts. It proposes a hybrid system combining Canada's Dangerous Offender legislation with earlier U.S. sexual psychopath laws to address these issues. The hybrid approach aims to initiate treatment immediately after sentencing, reducing costs and improving rehabilitative outcomes.

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.

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 …

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 …

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 …

Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown

Faculty Publications, School of Management

The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the …

2014 Annual Campus Security And Fire Safety Report, Larry Banaszak

Otterbein Police Department

The report is designed to provide you with important information about security and fire safety on campus. In addition to outlining the details of the many safety programs Otterbein offers its community members, the report also contains statistics about reported crimes and fire safety initiatives on campus.

Redesigning Sentencing, W. David Ball

McGeorge Law Review

No abstract provided.

Armed Drones For Law Enforcement: Why It Might Be Time To Re-Examine The Current Use Of Force Standard, Eric Brumfield

McGeorge Law Review

No abstract provided.

The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman

Children's Legal Rights Journal

No abstract provided.

Naturalizing Immigration Imprisonment, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

Only recently has imprisonment become a central feature of both t across every level of government and involving civil and criminal law enforcement tools.

Examining the population as a whole provides crucial insights as to how we arrived at this state of mass immigration imprisonment. While political motivations — parallel to those that fueled the rapid expansion of criminal mass incarceration — may have started the trend, this Article demonstrates that key legal and policy choices explain how imprisonment has become an entrenched feature of immigration law enforcement. In fact, legislators and immigration officials have locked themselves into this choice, …

Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

Mandatory reporting state statutes regarding the sexual abuse of children are compiled and reported. Entries include (if provided) the following information: state; mandatory reporting statutes name; what has to be reported; relevant definitions; persons required to report; reporting procedures; and penalty for failure to report.

Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here, John F. Pfaff

Faculty Scholarship

Whether as a result of low crime rates, the financial pressures of the 2008 credit crunch, or other factors, policymakers on both sides of the aisle are trying to rein or even reduce the US incarceration rate after an unprecedented forty-year expansion. Unfortunately, reforms are hampered by the fact that we do not have a solid empirical understanding of what caused the explosion in the first place. In fact, the "Standard Story" of prison growth generally overemphasizes less important factors and overlooks more important ones. This essay thus does two things. First, it points out the flaws in five key …

Preempting The Police, David Jaros

All Faculty Scholarship

Fighting crime requires that we vest police with extensive discretion so that they can protect the public. Unfortunately, the nature of police work makes it difficult to ensure that law enforcement authority is not abused. This challenge is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows — unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of …

Review For Release: Juvenile Offenders, State Parole Practices, And The Eighth Amendment, Sarah F. Russell

Indiana Law Journal

State parole boards have historically operated free from constitutional constraints when making decisions about whether to release prisoners. Recent Supreme Court decisions subject states to a new constitutional requirement to provide a “meaningful opportunity to obtain release” for at least some categories of juvenile offenders. Using original data collected through a survey, this Article provides the first comprehensive description of existing parole board release procedures nationwide and explores whether these practices comply with the Court’s Eighth Amendment mandate.

The Court’s recent decisions in Graham v. Florida and Miller v. Alabama prohibit sentences of life without the possibility of release (LWOP) …

Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson

Articles, Book Chapters, & Popular Press

Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith case. Tort actions have proven to be a problematic form of recourse for them. Negligence claims made by prisoners face many obstacles at every stage of the analysis: the duty of care, standard and breach, and causation. The authors offer an overview of tort litigation coming out of Canadian prison with a focus on health care based negligence claims, risks arising from other prisoners and the risk of self-harm. They find that these cases are unevenly resolved when the plaintiff is a prisoner. The …

Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey

Faculty Scholarship

After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk youth – the small proportion of the population where crime is concentrated – present a conundrum. Research indicates that these are precisely the individuals to intensively treat to maximize crime reduction, but there are both real and imagined barriers to doing so. Institutional placement or criminal court processing can exclude these youths from interventions that would better protect public …

Aggressive Policing And The Mental Health Of Young Urban Men, Amanda Geller, Jeffrey Fagan, Tom Tyler, Bruce Link

Faculty Scholarship

Objectives: We provide the first population-based analysis of the health implications of contemporary policing. Many cities have adopted “proactive” policing models, which engage citizens – often aggressively – at low levels of suspicion. We survey young men on their experiences of police encounters and subsequent mental health. Methods: We conducted a population-based phone survey of 1,261 young men in New York City. Respondents reported how many times they were approached by New York Police Department (NYPD) officers, what these encounters entailed, any trauma they attributed to the stops, and their overall anxiety. Data were analyzed using cross-sectional regression. Results: Respondents …

Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

An examination of the influence of street stops on the legal socialization of young men showed an association between the number of police stops they see or experience and a diminished sense of police legitimacy. This association was not primarily a consequence of the number of stops or of the degree of police intrusion during those stops. Rather, the impact of involuntary contact with the police was mediated by evaluations of the fairness of police actions and judgments about whether the police were acting lawfully. Whether the police were viewed as exercising their authority fairly and lawfully shaped the impact …

The Legacy Of Stop And Frisk: Addressing The Vestiges Of A Violent Police Culture, Kami Chavis Simmons

Faculty Publications

For many years, the New York City Police Department ("NYPD") has engaged in a practice known as "Stop and Frisk." This policy allows officers, based on reasonable suspicion that criminal activity is afoot, to engage in investigatory stops and to conduct a pat down of the outer clothing of the individual if there is reasonable suspicion that the suspect is armed.

While there is an abundance of analysis regarding the detrimental impact of the stop-and-frisk policy, particularly the allegations of racial discrimination, an under examined facet of this policy and its implementation is the inherently violent nature of these encounters. …

Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon

University of Michigan Journal of Law Reform

As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The …

Prison Health Care After The Affordable Care Act: Envisioning An End To The Policy Of Neglect, Evelyn Malavé

Faculty Publications

Inadequate prison health care has created a health crisis for reentering prisoners and their communities—a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any significant effect on the crisis. Next, it will argue that the Affordable Care Act (ACA) alters the Eighth Amendment analysis by triggering a change in the “evolving standards of decency” that guide the doctrine. Specifically, this Note will argue that, after the passage of the ACA, releasing sick, …