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Articles 1141 - 1170 of 2620
Full-Text Articles in Entire DC Network
Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan
Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan
Georgia Law Review
A movement toward police regulation by recording is
sweeping the nation. Responding to calls for
accountability, transparency and better evidence,
departments have rapidly adopted body cameras.
Recording policies require the police to record more law
enforcement encounters than ever before. But what
happens if officers do not record? This is an important,
growing area of controversy. Based on the collection
and coding of police department body camera policies,
this Article reveals widespread detection and
enforcement gaps regarding failures to record as
required. More than half of the major-city departments
in the sample have no provisions specifying
consequences for not recording …
Disparate Impact In Big Data Policing, Andrew D. Selbst
Disparate Impact In Big Data Policing, Andrew D. Selbst
Georgia Law Review
Data-driven decision systems are taking over. No
institution in society seems immune from the
enthusiasm that automated decision-making generates,
including-and perhaps especially-the police. Police
departments are increasingly deploying data mining
techniques to predict, prevent, and investigate crime.
But all data mining systems have the potential for
adverse impacts on vulnerable communities, and
predictive policing is no different. Determining
individuals' threat levels by reference to commercial
and social data can improperly link dark skin to higher
threat levels or to greater suspicion of having
committed a particularcrime. Crime mapping based
on historical data can lead to more arrests for nuisance
crimes …
Peran Penegakan Hukum Dalam Pembangunan Ekonomi, - Sukardi
Peran Penegakan Hukum Dalam Pembangunan Ekonomi, - Sukardi
Jurnal Hukum & Pembangunan
Economics is the backbone of the people's welfare, and science are the pillars supporting the nation's progress, but the law is the institution that ultimately determine how the public welfare can be enjoyed equitably, as well as how social justice can be realized in people's lives, and how progress of science and technology can bring progress for the people. In essence, the rule of law to support the transformation of SOEs (State-owned enterprises) as a locomotive driver of the national economy, especially in its role of guarding the whole process of public finance management and the area is clean and …
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
William & Mary Bill of Rights Journal
No abstract provided.
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker
Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker
Electronic Theses and Dissertations
Assessing the perceptions that students have of the university police officers charged with ensuring student safety is important to maintaining the overall safety of the campus. The current study sought to assess the relationship between student perceptions of university police and the fear of crime felt by students while on campus. Data collection was conducted through a survey methodology using a convenient sample of students in which a self-report survey was sent to the university email addresses of all students enrolled in a southeastern university (n=260). Through the employment of a scale developed to assess the perceptions of university police …
Time, Death, And Retribution, Chad Flanders
Time, Death, And Retribution, Chad Flanders
All Faculty Scholarship
The heart of a Lackey claim is that when a death row inmate is kept waiting too long for his execution, this delay can amount to cruel and unusual punishment — either because they delay is itself cruel and unusual, or because the execution on top of the delay is. All Lackey claims brought by death row inmates have failed, but not for want of trying. The usual complaint against Lackey claims is that those who, by their own appeals, delay their execution date cannot turn around and use that delay as an argument against their death sentences. I agree …
Police Officers’ Perceptions Of Body-Worn Cameras In The Buffalo And Rochester Police Departments, Joseph A. Gramaglia
Police Officers’ Perceptions Of Body-Worn Cameras In The Buffalo And Rochester Police Departments, Joseph A. Gramaglia
Public Administration Master’s Projects
Police body-worn cameras have been advanced as a solution to disparate perceptions among the citizenry, public officials, community leaders, and the police themselves in the highly contested arena of police-citizen encounters. However, as with previous technological innovations in policing, it is important that the police themselves are comfortable with the technology. This is a report of a survey conducted on police officers’ perceptions of body-worn cameras in Buffalo and Rochester police departments, which uses a survey instrument administered with the Los Angeles Police Department. This study found similar attitudes toward body cameras not only among Buffalo and Rochester police officers, …
Why Arrest?, Rachel A. Harmon
Why Arrest?, Rachel A. Harmon
Michigan Law Review
Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as …
Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele
Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele
William & Mary Journal of Race, Gender, and Social Justice
This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Brigham Young University Journal of Public Law
No abstract provided.
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Law Student Publications
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia‘s justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross
Cops On Trial: Did Fourth Amendment Case Law Help George Zimmerman’S Claim Of Self-Defense?, Josephine Ross
Seattle University Law Review
When police kill unarmed civilians, prosecutors and grand juries often decline to bring criminal charges. Even when police officers are indicted, they are seldom convicted at trial. There are many reasons why police are rarely convicted for violent acts. Commentators have criticized the inherent conflict of interest for prosecutors who decide whether to bring charges and the fact that police are investigating their own. However, this article considers another way that police may be treated differently than other people suspected of committing violent crimes. The Fourth Amendment, designed to protect civilians from overzealous officers, now helps insulate police suspected of …
Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric
Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric
Seattle University Law Review
Criminal sanctions are a necessary and appropriate response to crime. But extremism, especially when coupled with a slavish and unthinking adherence to traditional practices, nearly always produces unfortunate consequences. Such is the case with the rapid growth in prison numbers in the United States over the past two decades. The prime purpose of imprisonment is to punish serious offenders and to prevent them from reoffending during the period of detention. The overuse of imprisonment has resulted in the violation of the most cardinal moral prohibition associated with imprisonment: punishing the innocent. The runaway cost of the prison budget has resulted …
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Seattle University Law Review
This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes a clinical …
Redefining The Role Of The Police: Perspectives And Expectations, Richard Zitzke, Jonathan Mccombs
Redefining The Role Of The Police: Perspectives And Expectations, Richard Zitzke, Jonathan Mccombs
Learning Showcase 2016: A Celebration of Discovery, Transformation and Success
The American Policing infrastructure and much of the criminal justice system is under fire for what is perceived as racial and biased policing and Draconian enforcement tactics. The book explores the evolution of the history of policing and how the public perception of the police has changed over the decades. The exploration of a changing expectation where the police receive mixed messages from policy makers and the legal community is exacerbated by the human bias throughout the system. Police training and hiring practices have been focused on in order to achieve the greatest impact, but much work must be done …
All Perspectives Matter: A Co-Orientational Analysis Of Problem-Based Law Enforcement And Community Relationships, Jonathan Mccombs, James A. White, Joanna Williamson
All Perspectives Matter: A Co-Orientational Analysis Of Problem-Based Law Enforcement And Community Relationships, Jonathan Mccombs, James A. White, Joanna Williamson
Learning Showcase 2016: A Celebration of Discovery, Transformation and Success
The relationships between law enforcement officers and the communities they serve has been the focus of accelerating national scrutiny in light of numerous contentious and widely publicized incidents involving alleged protected police misconduct, or alternatively, citizen and government overreach.
The Tyranny Of Small Things, Yxta Maya Murray
The Tyranny Of Small Things, Yxta Maya Murray
Michigan Journal of Race and Law
In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Michigan Journal of Race and Law
This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …
Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar
Doe V. O'Donnell And New York's Sex Offender Registration Act: The Problem Of Continued Registration Under Sora After Leaving The State, Samantha R. Millar
Cardozo Law Review
No abstract provided.
Consolidating Local Criminal Justice: Should Prosecutors Control The Jails?, Adam M. Gershowitz
Consolidating Local Criminal Justice: Should Prosecutors Control The Jails?, Adam M. Gershowitz
Faculty Publications
No abstract provided.
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
Articles
Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …
A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones
A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones
University of Miami Race & Social Justice Law Review
No abstract provided.
You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino
You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino
University of Miami Race & Social Justice Law Review
No abstract provided.
Abetting Mass Prison Escape: A Defense, David W. Frank
Abetting Mass Prison Escape: A Defense, David W. Frank
University of Miami Race & Social Justice Law Review
No abstract provided.
The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith
The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith
University of Miami Race & Social Justice Law Review
No abstract provided.
Ending The Internal Affairs Farce, Rachel Moran
Ending The Internal Affairs Farce, Rachel Moran
Buffalo Law Review
No abstract provided.
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Children And International Criminal Justice, Fatou Bensouda
Children And International Criminal Justice, Fatou Bensouda
Georgia Journal of International & Comparative Law
No abstract provided.
Convening Experts On Children And International Criminal Justice, Diane Marie Amann
Convening Experts On Children And International Criminal Justice, Diane Marie Amann
Georgia Journal of International & Comparative Law
No abstract provided.