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Local Law Enforcement's Counter Terrorism Capabilities., J. Ryan Presnell Dec 2008

Local Law Enforcement's Counter Terrorism Capabilities., J. Ryan Presnell

Electronic Theses and Dissertations

The purpose of this study was to analyze local law enforcement's counter-terrorism capabilities as it relates to the varying size of United States local law enforcement agencies. Data for the study came from a study entitled "Impact of Terrorism on State and Local Law Enforcement Agencies and Criminal Justice Systems in the United States, 2004". Statistical analysis revealed that there are large disparities in the allocation of resources to intelligence gathering, analyzing, and sharing between smaller local law enforcement agencies and their larger counterparts. Furthermore, smaller agencies are not interacting with federal agencies in a manner consistent with the interactions …


Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins Oct 2008

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

University of Michigan Journal of Law Reform

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP Wien the …


Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg Oct 2008

Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg

W&M Law Student Publications

Among the many cutting edge technologies law enforcement agencies increasingly covet is radio frequency identification ("RFID"). Researchers predict RFID will become the most pervasive computer technology in history. Among the more extraordinary and controversial government uses of RFID-and the focus of this Paper-include implantation of subdermal RFID transmitters. Privacy concerns abound. Not surprisingly, critics and privacy advocates are wary of subdermal RFID implants, fearful that only afine line separates relatively innocuous, voluntary implantation from arbitrary government-mandated implantation. But for involuntary implantation of RFID chips to take root, government implantation programs would have to start on the small scale, targeting the …


What Works, What Doesn't: Revising Dui Laws In West Virginia To Reduce Recidivism And Save Lives, Jennifer L. Tampoya Sep 2008

What Works, What Doesn't: Revising Dui Laws In West Virginia To Reduce Recidivism And Save Lives, Jennifer L. Tampoya

West Virginia Law Review

No abstract provided.


Police Chiefs' Use And Executive Subordinates' Perceived Use Of Non-Performance And Performance Based Criteria In Promotional Decisions: Organizational Mobility Channels, Bill D. Press Aug 2008

Police Chiefs' Use And Executive Subordinates' Perceived Use Of Non-Performance And Performance Based Criteria In Promotional Decisions: Organizational Mobility Channels, Bill D. Press

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to investigate police promotion and channels of mobility from an "appointed perspective" by those who do the appointments, as well as those chosen for the appointment. There were two ultimate goals of this study. The first was to describe the characteristics of police chiefs and subordinate police executives, and the importance of non-performance based criteria and performance based criteria used in promotion decision making by police chiefs and perceptions of use by subordinate police executives. The second was to extend the intra-organizational mobility model developed by Beehr and Taber (1993), with four additional non-performance …


Raising The Bars: A Comparative Look At Treatment Standards For Mentally Ill Prisoners In The United States, United Kingdom, And Australia, Kim P. Turner Jul 2008

Raising The Bars: A Comparative Look At Treatment Standards For Mentally Ill Prisoners In The United States, United Kingdom, And Australia, Kim P. Turner

Cardozo Journal of International and Comparative Law

The note examines the treatment of mentally ill prisoners in the United States, the United Kingdom, and Australia, highlighting the disparity in mental health care within their prison systems. It argues that while the U.K. and Australia have integrated international human rights standards into their policies, the U.S. lags behind, relying on an outdated Eighth Amendment framework that fails to meet contemporary human rights expectations. The author advocates for the U.S. to reevaluate its approach, aligning it with international standards to ensure adequate mental health care for prisoners.


Corrections, Margo Schlanger Apr 2008

Corrections, Margo Schlanger

Book Chapters

Over the past six years, the number of people in custody in the United States has continued to grow. By the middle of 2006, the nation's prison and jail population, including federal prisons, totaled 2,245,189 persons. The number of people under correctional supervision, including those incarcerated and on probation and parole, reached more than 7 million persons in 2006. For several years, corrections has been the fastest growing component of many states' budgets. The growing number of people in prison has begun to affect the apportionment of political power between urban and rural communities.


Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi Apr 2008

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …


Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera Mar 2008

Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Caged Canary, Elizabeth Alexander Feb 2008

The Caged Canary, Elizabeth Alexander

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

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are …


Women In Prison: International Problems And Human Rights Based Approaches To Reform, Jenni Gainsborough Feb 2008

Women In Prison: International Problems And Human Rights Based Approaches To Reform, Jenni Gainsborough

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

The growth in prison populations is a world-wide phenomenon, and within the overall growth rate, many countries are seeing a disproportionate rate of increase among women. Despite differences in culture and resources, women everywhere face similar problems in prison systems, which have been designed primarily by and for men. These include sexual abuse, lack of appropriate medical care, loss of children and breakdown of families. The United States leads the world in both the overall size of its prison population and its rate of incarceration. Advocates for reform are increasingly turning to international human rights laws, standards and norms to …


Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian Jan 2008

Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian

Social Work Faculty Publications

Detaining and incarcerating juvenile delinquents is ineffective and costly juvenile justice policy. These placements, indicative of the “tough on crime” approach, become problematic for many of these youths who do not have the advantage of legal counsel because they waive this right. In addition, a majority of these youths have a mental health or special education disability that does not get addressed in correctional facilities. Alternatives for Youth's Advocacy Program (AFY) in Cleveland, Ohio (Cuyahoga County) is addressing these issues using a holistic approach that includes the provision of civil legal representation to assist youths in accessing disability services and …


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Jan 2008

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …


Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins Jan 2008

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina’s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP. When the inmates …


Pfo Law Reform, A Crucial First Step Towards Sentencing Sanity In Kentucky, Robert G. Lawson Jan 2008

Pfo Law Reform, A Crucial First Step Towards Sentencing Sanity In Kentucky, Robert G. Lawson

Law Faculty Scholarly Articles

The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications used to support repeat offender laws (Part I), a segment on the history and evolution of Kentucky's law (Part II), an examination of a selection of repeat offender laws from other states (Part III), a report …


Pfo Law Reform, A Crucial First Step Toward Sentencing Sanity In Kentucky, Robert G. Lawson Jan 2008

Pfo Law Reform, A Crucial First Step Toward Sentencing Sanity In Kentucky, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer Jan 2008

Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer

UIC Law Review

No abstract provided.


Legal Rights Group Takes Illinois State Police To Court…The Charge: Criminal Contempt Of Court For Failure To Seal Court Ordered Criminal Records. , Chantal Kazay Jan 2008

Legal Rights Group Takes Illinois State Police To Court…The Charge: Criminal Contempt Of Court For Failure To Seal Court Ordered Criminal Records. , Chantal Kazay

Public Interest Law Reporter

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden Jan 2008

Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden

Articles & Chapters

There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing theextent to which the legal system serves therapeutic or anti therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. Human rights are based on legal, social, and moral rules. The paper will propose that human rights principles can add to the normative base of therapeutic jurisprudence, and in turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights. As duty bearers, forensic …


A Game Of Cat And Mouse - Or Government And Prisoner: Granting Relief To An Erroneously Released Prisoner In Vega V. United States, Danielle E. Wall Jan 2008

A Game Of Cat And Mouse - Or Government And Prisoner: Granting Relief To An Erroneously Released Prisoner In Vega V. United States, Danielle E. Wall

Villanova Law Review (1956 - )

No abstract provided.


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Oct 2007

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.


Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard Jul 2007

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard

All Faculty Scholarship

This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.


City Of Las Vegas Municipal Court House Arrest Program Evaluation, Karen Coyne, Michele Hornstein, Timothy Shattler May 2007

City Of Las Vegas Municipal Court House Arrest Program Evaluation, Karen Coyne, Michele Hornstein, Timothy Shattler

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas operates a municipal detention facility, primarily housing offenders who have committed misdemeanor crimes within the 130 square miles of the Las Vegas City limits. Similar to many jurisdictions, within the State of Nevada, but also across the Country, the offender population is on the rise. The City’s inmate population has grown steadily at a rate of 10%, annually, for five years. This trend, when calculated as a future projection, suggests the City must be prepared for the misdemeanant population to swell from its current daily average of 1144 to more than 3000 inmates by the …


The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz Feb 2007

The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz

ExpressO

A step into just about any state prison in the United States reveals an institution plagued by over-population, with just about every prison running at more than 100% capacity. The problem, of course, is not new but one that has received great attention. In the past decade or so the solution has been privatization of state prisons. Proponents of privatization have pushed forth the idea that private institutions are the solution to prison overcrowding. However, by looking to for-profit private institutions as a means to resolving the problems of the penal system, are legislators in fact ensuring that the problems …


Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg Jan 2007

Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg

Michigan Law Review First Impressions

The website of the Santa Ana, California-version of Pay-to-Stay uses hotelier-type verbiage in describing features of its alternative jail program. It tells us that the jail “is pleased to host a full range of alternatives to traditional incarceration”; it reassures prospective “clients” seeking flexible work/jail schedules (“Work on Saturday or Sunday? No problem, your weekend days are our weekend days.”); it guarantees “24-hour on-site medical staff”; it accommodates inmates near and far (“We have helped clients with sentences from other counties as well as other states.”); and it generally brags that the jail “is the most modern and comfortable facility …


After Thirty Years, Is It Time To Change The Vehicle Inventory Search Doctrine?, Nicholas B. Stampfli Jan 2007

After Thirty Years, Is It Time To Change The Vehicle Inventory Search Doctrine?, Nicholas B. Stampfli

Seattle University Law Review

Part II of this Comment will describe the inventory search as it has developed in the Supreme Court's jurisprudence in order to provide background and understanding of the procedure as it stands today. Part III will address the difficulties in applying the Supreme Court's approach by comparing the differences in police department policies. Part IV will then closely examine Washington's somewhat laudable approach to inventory searches, the limits the state has placed on the scope of inventory searches, and the steps the state has taken to impose a consent requirement. Last, Part V will suggest much needed reforms for Washington …


Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell Jan 2007

Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell

Faculty Publications

The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.


A Study On The Effects Of Accelerated Recruit Training On Police Officer Performance At The Port Authority Bus Terminal, Michael A. Tobia Jan 2007

A Study On The Effects Of Accelerated Recruit Training On Police Officer Performance At The Port Authority Bus Terminal, Michael A. Tobia

Seton Hall University Dissertations and Theses (ETDs)

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Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser Jan 2007

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Publications

The suboptimal state of communications technology used by public safety agencies has emerged as a high profile political issue. In most cases, public safety agencies are able only to communicate using antiquated networks, engineered solely for providing voice communications and unable to interoperate beyond a select number of users. This type of system fails to provide the type of economies of scale, network flexibility, or the broader functionalities routinely used by the military and private sector enterprises. The challenge facing policymakers is thus how to develop a next generation architecture for public safety and spur adoption of a new set …