Digital Commons Network^™

Marginal Deterrence In The Enforcement Of Law: Evidence From Distributed Denial Of Service Attack, Kai-Lung Hui, Seung-Hyun Kim, Qiu-Hong Wang

Research Collection School Of Computing and Information Systems

By studying a panel dataset of distributed denial of service attack across 240 countriesover 5 years, we find that enforcing the Convention on Cybercrime had increasedthe intensity of attack by 43 to 52 percent. It did not significantly reducethe chance for a country to be selected for the attack. We conducted a batteryof identification and falsification tests to show that such increased attack intensityarose because of failure in marginal deterrence, instead of other theories such asbrutalization, stigmatization, or defiance, or general forms of endogeneity. We showthat raising the standard of proof of conviction is one way to facilitate marginaldeterrence, but …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern

Pace Law Review

This Article discusses whether inmates have a First Amendment interest in receiving unsolicited publications, and whether a publisher has a First Amendment interest in distributing unsolicited publications. Part II will discuss the history of prisoners’ First Amendment rights, specifically in relation to publications and communications, and how the standard for First Amendment violations of prisoner rights has evolved over time. Part III will focus on the Supreme Court case Turner v. Safley and how the test articulated in Turner applied to cases that followed. Part IV will address whether the Turner standard was the appropriate test to apply to whether …

Taking Mistakes Seriously, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …

Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass

Pepperdine Law Review

No abstract provided.

Not-So-Sweet Sixteen: When Minor Convictions Have Major Consequences Under Career Offender Guidelines, Andrew Tunnard

Vanderbilt Law Review

This Note looks beyond the circuit split to the larger juvenile justice issues implicated by these sentencing practices. Part II provides a brief overview of the juvenile justice system, juvenile transfer statutes, and the Guidelines. Part III explores the interpretive issues that have led to this circuit split. Part IV explains why resolving this circuit split requires more than choosing one side, and expands the discussion by analyzing the impact of recent judicial and scientific trends on the treatment of juvenile offenders in the adult system. Part V proposes that convictions occurring before the age of eighteen should not be …

Against Proportional Punishment, Adam J. Kolber

Vanderbilt Law Review

Many criminal defendants are held in detention while they await trial. Though conditions in pretrial detention are much like those in prison, detention is technically not punishment. Since detainees are merely accused of crimes, they are presumed innocent.' Their detention is not intended to punish them, and so, the Supreme Court has said, it is not punishment at all. Rather, detention is a means of promoting public safety, reducing witness intimidation, and preventing people accused of crimes from fleeing before trial. Nevertheless, defendants who are convicted generally receive credit at sentencing for time served in pretrial detention. An offender who …

Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1967, the President's Commission on Law Enforcement and Administration of Justice recommended team policing, which involves the decentralization of patrol officers and investigators to the same, defined geographical area, as a way to more effectively organize police officers and improve crime control. Despite initial enthusiasm from police officers and administrators, team policing quickly faded from use during the 1970s because its design was incompatible with the centralized model of policing prevalent at that time. However, the implementation of community-oriented policing, which promotes various organizational changes and the use of problem-focused strategies, has changed police departments in recent years and …

The Good Cop: Knowing The Difference Between Lawful Or Effective Policing And Rightful Policing — And Why It Matters, Tracey L. Meares

William & Mary Law Review

My Essay will proceed in four parts. First, I will lay out the two often-used metrics of police evaluation, lawfulness and crimefighting effectiveness. Next, I will explain the theoretical foundation underlying the third way, which is what I am calling rightful policing. In the third Section, I will present an overview of empirical work that I have done in collaboration with my colleague, Tom Tyler, and others. This work demonstrates that ordinary people care a great deal about the theoretical precepts underlying rightful policing. In the Essay’s last Section, I will conclude with some implications of both the theory and …

Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Traffic-related incidents were the leading cause of fatal injuries to officers in 14 of 15 years between 1997 and 2012. Vehicle crashes occur at the individual officer level, but chiefs are responsible for agency performance, creating and implementing police policy, and developing organizational culture. This quantitative survey research study draws from organizational culture theory and asks chiefs in state, county, and city police organizations what they believe are salient factors in crashes causing injuries and death to police officers in the United States. Independent variables include safety belt laws, written driving policies (including communication technology commonly used in police vehicles), …

Federal Incarceration By Contract In A Post-Minneci World: Legislation To Equalize The Constitutional Rights Of Prisoners, Allison L. Waks

University of Michigan Journal of Law Reform

In the 2012 case Minneci v. Pollard, the United States Supreme Court held that federal prisoners assigned to privately-run prisons may not bring actions for violations of their Eighth Amendment right against cruel and unusual punishment and may instead bring actions sounding only in state tort law. A consequence of this decision is that the arbitrary assignment of some federal prisoners to privately-run prisons deprives them of an equal opportunity to vindicate this federal constitutional right and pursue a federal remedy. Yet all federal prisoners should be entitled to the same protection under the United States Constitution-regardless of the type …

Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer

Michigan Law Review

Universally admired, and viewed with great affection, even love, by all who knew him, Harvard law professor Bill Stuntz died in March 2011 at the age of fifty-two, after a long, courageous battle with debilitating back pain and then insurmountable cancer. In a career that deserved to be much longer, Stuntz produced dozens of major articles on criminal law and procedure. He was a leader in carrying forward the work of scholars who had analyzed criminal justice through the lens of economic analysis, and he added his own distinctive dimension by insisting on the importance of political incentives, with their …

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff

Michigan Law Review

The incarceration rate in the United States has undergone an unprecedented surge since the 1970s. Between 1925 and 1975, the U.S. incarceration rate hovered around 100 per 100,000. Since then, that rate soared to 504 in 2009, dropping only slightly to 500 in 2010. In absolute numbers, the U.S. prison population grew from 241,000 in 1975 to 1.55 million in 2010. Not just exceptional by historical standards, this boom is unparalleled globally: the United States has the highest incarceration rate in the world. Despite having just 5 percent of the world's population, it houses nearly 25 percent of the world's …

What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman

Michigan Journal of Race and Law

Beginning in the 1970s, the United States embarked on a shift in its penal policies, tripling the percentage of convicted felons sentenced to confinement and doubling the length of their sentences. This shift included a dramatic increase in the prosecution and incarceration of drug offenders. As a result of its move toward long prison sentences, the United States now incarcerates so many people that it has become an outlier; this is not just among developed democracies, but among all nations, including highly punitive states such as Russia and South Africa, and also in comparison to the United States' own long-standing …

An Exploration Of Drug Trafficking Among Female Offenders In The Caribbean, Dianne Berger-Hill

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study examining drug trafficking among female offenders under the custodial care of the Trinidad and Tobago Prison Service. The female offenders were interviewed using a semi-structured interview guide that inquired into how they were recruited, why they decided to traffic drugs, did they join in with friends, were family members or relatives involved in the activity, or did they initiate it on their own, and if their childhood experiences influenced them into getting involved with drug trafficking. Themes were identified during the course of the data analysis. More than half of the female offenders were …

Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger

All Faculty Scholarship

No abstract provided.

Recidivism And Juvenile Offenders: The Role Of The Counselor, William C. Gordon

Pepperdine Law Review

No abstract provided.

The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly Iii

Pepperdine Law Review

In this article the author, by case analysis, identifies the confusion facing police officers when dealing with stop and frisk situations and suggests adoption of the Model Rules of Stop and Frisk as a possible solution to the problem.

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …

The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin Murphy

Michigan Law Review

When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States Code currently contains over twenty separate statutes that restrict both the acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to driver's licenses, educational records, health histories, telephone calls, email messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards - ranging from …

Captive Markets, Leah A. Plunkett

Law Faculty Scholarship

Today, inmates in county jails nationwide are billed for some or all of the costs of their room-and-board behind bars. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly 70% of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions — such as fines and penalties, restitution, taxes, and fees — it in fact usually belongs to a distinct model that this Article calls the “government-imposed-loan.” This Article provides an overview of the landscape of pay-to-stay programs …

Genetic Privacy And The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Law Faculty Scholarship

Genetic privacy and police practices have come to the fore in the criminal justice system. Case law and stories in the media document that police are surreptitiously harvesting the DNA of putative suspects. Some sources even indicate that surreptitious data banking may also be in its infancy. Surreptitious harvesting of out-of-body DNA by the police is currently unregulated by the Fourth Amendment. The few courts that have addressed the issue find that the police are free to harvest DNA abandoned by a putative suspect in a public place. Little in the nascent surreptitious harvesting case law suggests that surreptitious data …

Slipping Through The Cracks: The Dual Victimization Of Human-Trafficking Survivors, Allison L. Cross

McGeorge Law Review

No abstract provided.

A Primer On The 2011 Corrections Realignment: Why California Placed Felons Under County Control, Steven Thomas Fazzi

McGeorge Law Review

No abstract provided.

Go Directly To Jail: How Misaligned Subsidies Undermine California’S Prisoner Realignment Goals And What Is Possible To Maximize The Law’S Potential, Andrew M. Ducart

McGeorge Law Review

No abstract provided.

Chapter 837: Inmate Medical Release Under Realignment, Cameron Easterling

McGeorge Law Review

No abstract provided.

Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg

McGeorge Law Review

No abstract provided.

The Attitudes Of Police Officers Towards Mental Health Services, Rebecca Ann Irwin, Jill Adrianne Kays

Theses Digitization Project

The purpose of this study was to investigate the attitudes of police officers toward mental health services and the perceptions of police departments toward the promotion of dependable support systems and mandatory counseling in the work environment. Understanding the culture and norms within a law enforcement agency is critical to the well-being of officers and the communities they serve.

The Double-Edged Sword Of Prison Video Visitation: Claiming To Keep Families Together While Furthering The Aims Of The Prison Industrial Complex, Patrice A. Fulcher

Florida A & M University Law Review

Each year, the United States ("U.S.") spends billions to house the country's massive prison population. The need to board over 2.3 million incarcerated human beings has U.S. correctional departments looking for ways to increase revenues and offset costs. According to these correctional agencies, one major expense is prison visitation. In order to reduce spending and alleviate safety concerns, U.S. federal, state, and private correctional facilities have turned to video visitation as an alternative to in-person visits. The use of prison video visitation systems started in 1995. Since then, many private telecommunications companies have professed to have the solution to correctional …

Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart

Criminal Justice Policy Research Institute Research Briefs

On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.

This report examines public perceptions of PPB across four content areas that are highlighted in the DOJ settlement agreement. Data for the report were …