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Gilbert & Sullivan And Scalia: Philosophy, Proportionality, And The Eighth Amendment, Ian P. Farrell

Villanova Law Review (1956 - )

No abstract provided.

How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona

UIC Law Review

No abstract provided.

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Public Interest Law Review

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …

Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson

NYLS Law Review

No abstract provided.

The Order-Maintenance Agenda As Land Use Policy, Nicole Stelle Garnett

Journal Articles

Debates about the broken windows hypothesis focus almost exclusively on whether the order-maintenance agenda represents wise criminal law policy — specifically on whether, when, and at what cost, order-maintenance policing techniques reduce serious crime. These questions are important, but incomplete. This Essay, which was solicited for a symposium on urban-development policy, considers potential benefits of order-maintenance policies other than crime-reduction, especially reducing the fear of crime. The Broken Windows essay itself urged that attention to disorder was important not just because disorder was a precursor to more serious crime, but also because disorder undermined residents’ sense of security. The later …

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

Articles

Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …

Innocence Commissions And The Future Of Post-Conviction Review, David Wolitz

Georgetown Law Faculty Publications and Other Works

In the fall of 2006, North Carolina became the first state to establish an innocence commission – a state institution with the power to review and investigate individual post-conviction claims of actual innocence. And on February 17, 2010, after spending seventeen years in prison for a murder he did not commit, Greg Taylor became the first person exonerated through the innocence commission process. This article argues that the innocence commission model pioneered by North Carolina has proven itself to be a major institutional improvement over conventional post-conviction review. The article explains why existing court-based procedures are inadequate to address collateral …

Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey A. Fagan, Amanda Geller, Garth Davies, Valerie West

Faculty Scholarship

This chapter examines the development of “order maintenance policing” in New York City. It studies the stop-and-frisk activities of New York City police officers by examining temporal and spatial patterns of stops from 1999, 2003, and 2006. Findings reveal that stop rates have increased by 500 percent since 1999 despite little change in crime rates Stop activity was greatest in poor and minority communities, and stop patterns were more closely tied to demographic and social conditions than to disorder or crime. The efficiency of stops, measured as “hit rates,” dropped considerably, with the sharpest declines occurring in minority neighborhoods. Overall, …

Retribution And Reform, Chad Flanders

All Faculty Scholarship

What is the relationship of punishment theory to punishment practice? What should this relationship be? The last twenty years have seen an amazing rise in sophisticated and elegant theories of retributive justice of a Kantian, and more recently, an expressivist variety - a “retributivist revival.” As pure philosophical theorizing goes, this must surely be counted as real progress. But, those same twenty years have also seen increases in the length of criminal sentences, in the amount of activity subject to criminal sanction, and in the sheer number of people behind bars. Professor James Q. Whitman has famously said that we …

The Governance Of Military Police In Canada, Andrew Halpenny

Osgoode Hall Law Journal

The Military Police is a special federal police force in Canada with unique authority, designed to support military commanders both in operations and in garrison. However, it has historically been under the command of non-Military Police officers, and is consequently not governed like other police forces in Canada. Part of this arrangement can be explained by its special military duties, but much of it is the result of a tradition that is at odds with current societal norms. It is the position of the author that differences in norms between the Military Police and other Canadian police forces can only …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew

BYU Law Review

No abstract provided.

Incarceration American-Style, Sharon Dolovich

Georgetown Law Faculty Publications and Other Works

In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating—that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of …

A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell

Buffalo Public Interest Law Journal

No abstract provided.

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.

Washington and Lee Law Review

No abstract provided.

Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim

Books & Book Chapters by Maurer Faculty

This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than …

Examining Re-Entry Challenges And Needs Of Trinidad And Tobago Offenders, Kamhya M. Milan

Sociology & Criminal Justice Theses & Dissertations

This research examines the challenges and needs that Trinidad and Tobago offenders face upon release from prison. The purpose of this research is to provide a foundation for policy recommendations to improve successful reintegration for prisoners corning home. Although there is a lack of re-entry literature based on Trinidad and Tobago offenders, the findings in this study show that Trinidad and Tobago offenders experience the same challenges and needs revealed by America research on offender re-entry. Study results show that policy intervention should be designed to ensure offenders returning home receive assistance with finding shelter, employment, educational resources, counseling and …

City Of Las Vegas Detention And Enforcement Accreditation Evaluation Program, Daniel Bennett

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas, Detention and Enforcement is a law enforcement organization that is significantly unique in its mission and organization. On March 15, 1982, the City of Las Vegas determined that, due to extreme overcrowding at the Las Vegas Metropolitan Police Departments holding facility, it was time to create the Las Vegas Department of Detention and Correctional Services. As the population of Las Vegas continued to grow, the Las Vegas Department of Detention and Correctional Services also increased in both size and degree of responsibilities. In 1986, the Las Vegas Park Rangers were absorbed and became the law …

Retention And Job Satisfaction Among Local Law Enforcement, Lisa N. Parron

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines the retention of police officers in the Norfolk Police Department. Focus group interviews with nine police officers provided the data for this study. Participants described aspects of their job that they enjoy and aspects of their job that could be improved. Themes identified include working conditions, supervisor relationships, interpersonal relationships, pay, responsibility, achievement and recognition, and appeal of the job.

This research was aimed at revealing what officers like and dislike about their job in order to reduce voluntary turnover and increase retention.

The findings from this study indicate that job satisfaction …

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Unjust Selection Of Justice Professionals: Balancing Fairness For Police Officer Applicants And The Potential Citizens They Will Serve, Robert W. Boyle

Master's Theses

This paper examines the effects on the community when its police officers are held to different physical standards based upon their sex. Through a Platonic analysis of the modern day "guardians of the city," it can be seen that the community is deprived of the strongest and best police force when the department compensates individuals based upon a "weakness" that thier class of applicants possesses. This process proves to be unfair to both the applicants and to the citizens they may subsequently serve.

A Validation Study Of Risk Management Systems, Bridget Kelly

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the predictive validity of Risk Management Systems (RMS) as a risk assessment instrument. To date, a published validation study does not exist for the RMS. The study employs secondary data analysis to examine the predictive validity of RMS recidivism and violence scores on three outcomes: arrest, unsuccessful termination from supervision, and technical violations. The study sample consisted of 830 probationers from the United States Probation Office, District of Nevada. The analyses showed that RMS recidivism and violence scores were moderately predictive of all three outcomes.

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Some drugs make people feel good. That is why some people use them. Some of these drugs are alleged to have side effects so destructive that many advise against their use. The same may be said about statutes that attempt to prohibit the manufacture, sale, and use of drugs. Advocating drug prohibition makes some people feel good because they think they are “doing something” about what they believe to be a serious social problem. Others who support these laws are not so altruistically motivated. Employees of law enforcement bureaus and academics who receive government grants to study drug use, for …

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …

Evaluating Punishment In Purgatory: The Need To Separate Pretrial Detainees' Conditions-Of-Confinement Claims From Inadequate Eighth Amendment Analysis, David C. Gorlin

Michigan Law Review

The Due Process Clause prohibits all "punishment" of pretrial detainees- individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of "cruel and unusual punishments" upon convicted individuals. Despite the Supreme Court's insistence that the Due Process Clause, and not the Eighth Amendment, protects pretrial detainees from deplorable and harmful conditions of confinement, most federal circuits now assess pretrial detainees' claims under Eighth Amendment standards. Under the Eighth Amendment framework, pretrial detainees must establish that conditions subjected them to a substantial risk of serious harm, and that jailers were …

Police And National Security: American Local Law Enforcement And Counter-Terrorism After 9/11, Matthew C. Waxman

Faculty Scholarship

This article examines three national security law challenges resulting from greater involvement of state and local police agencies in protecting national security, especially in combating terrorism: organizational challenges, accountability challenges, and institutional tensions with traditional local police functions. Each threatens the balance of security and civil liberties.

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey Fagan, Amanda Geller, Garth Davies, Valerie West

Faculty Scholarship

The contributions of order-maintenance policing and broken windows theory to New York City’s remarkable crime decline have been the subject of contentious debate. The dominant policing tactic in New York since the 1990s has been aggressive interdiction of citizens through street encounters in the search for weapons or drugs. Research showed that minority citizens in the 1990s were disproportionately stopped, frisked and searched at rates significantly higher than would be predicted by their race-specific crime rates, and that this excess enforcement was explained by the social structure of predominantly minority neighborhoods than by either their disorder or their crime rates. …

Pot As Pretext: Marijuana, Race And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than ten years later. This rise has been a notable component of the City’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “Stop, Question, and Frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …