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The Paradox Of Law Enforcement In Immigrant Communities: Does Tough Immigration Enforcement Undermine Public Safety?, David Kirk, Andrew V. Papachristos, Jeffrey Fagan, Tom R. Tyler Jan 2011

The Paradox Of Law Enforcement In Immigrant Communities: Does Tough Immigration Enforcement Undermine Public Safety?, David Kirk, Andrew V. Papachristos, Jeffrey Fagan, Tom R. Tyler

Faculty Scholarship

Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the U.S. and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities – even law abiding, cooperative individuals – from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that …


Is Punishment Relevant After All? A Prescription For Informing Juries Of The Consequences Of Conviction, Jeffrey Bellin Dec 2010

Is Punishment Relevant After All? A Prescription For Informing Juries Of The Consequences Of Conviction, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

The American jury, once heralded as "the great corrective of law in its actual administration," has suffered numerous setbacks in the modern era. As a result, jurors have largely become bystanders in a criminal justice system that relies on increasingly severe punishments to incarcerate tens of thousands of offenders each year. The overwhelming majority of cases are resolved short of trial and, even when trials occur, jurors are instructed to find only the facts necessary for legal guilt. Apart from this narrow task, jurors need not, in the eyes of the law, concern themselves with whether a conviction and subsequent …


Hope And Betrayal On Death Row, David Cole Nov 2010

Hope And Betrayal On Death Row, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Annotated Bibliography On Independent Prison Oversight, Michele Deitch Nov 2010

Annotated Bibliography On Independent Prison Oversight, Michele Deitch

Pace Law Review

No abstract provided.


Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch Nov 2010

Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch

Pace Law Review

No abstract provided.


Getting To Yes In A Plra World, Elizabeth Alexander Nov 2010

Getting To Yes In A Plra World, Elizabeth Alexander

Pace Law Review

No abstract provided.


Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard Nov 2010

Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard

Pace Law Review

No abstract provided.


Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner Nov 2010

Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner

Pace Law Review

No abstract provided.


Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck Nov 2010

Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck

Pace Law Review

No abstract provided.


The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman Nov 2010

The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman

Pace Law Review

No abstract provided.


Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers Nov 2010

Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers

Pace Law Review

No abstract provided.


The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger Nov 2010

The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger

Pace Law Review

No abstract provided.


Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle Nov 2010

Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle

Pace Law Review

No abstract provided.


The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green Nov 2010

The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green

Pace Law Review

No abstract provided.


Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach Nov 2010

Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach

Pace Law Review

No abstract provided.


From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin Nov 2010

From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin

Pace Law Review

No abstract provided.


Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch Nov 2010

Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch

Pace Law Review

No abstract provided.


A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath Nov 2010

A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath

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

No abstract provided.


Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz Nov 2010

Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz

Michigan Law Review

In 2009, the Supreme Court held in Montejo v. Louisiana that a defendant may validly waive his Sixth Amendment right to counsel during police interrogation, even if police initiate interrogation after the defendant's invocation of the right at the first formal proceeding. This Note asserts that Montejo significantly altered the Sixth Amendment protections available to represented defendants. By increasing defendants' exposure to law enforcement, the decision allows police to try to elicit incriminating statements and waivers of the right to counsel after the defendant has expressed a desire for counsel. In order to protect the defendant's constitutional guarantee of a …


Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart Oct 2010

Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart

Cardozo Public Law, Policy & Ethics Journal

This note examines the effectiveness of judicial receiverships as a last-resort remedy in institutional reform litigation, particularly in the context of prison systems. It argues that the success of receiverships depends on the court's ability to supervise effectively and ensure the receiver's independence from political influence. The analysis highlights that appointing executive agents as receivers often leads to conflicts of interest, undermining the remedy's effectiveness, and emphasizes the need for robust supervisory structures, such as Special Masters, to ensure accountability and alignment with court objectives.


Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger, Margaret C. Love, Carl Reynolds Jun 2010

Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger, Margaret C. Love, Carl Reynolds

Articles

or more than i O years, corrections professionals and others concerned about the treatment of prisoners have despaired over conditions in California's prisons. Crowding, violence, racial segregation, abysmal medical care, an obstructionist corrections union. and a state budget crisis have combined to bring the system to the point of constitutional meltdov,n. In 2008. a state appellate court found conditions of "'extreme peril to the safety of persons and property,'' and a three-judge federal court confirmed the existence of a "substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed …


Critical-Incident Response: A Study Of Training, Management, And Mitigation In North Carolina Sheriffs' Offices., Gregory Alan Minton May 2010

Critical-Incident Response: A Study Of Training, Management, And Mitigation In North Carolina Sheriffs' Offices., Gregory Alan Minton

Electronic Theses and Dissertations

The purpose of this study was to determine the amount of training each sheriff's office requires in North Carolina and if that training includes multiagency exercises designed to mitigate a critical-incident response and identify any concerns from those training events. The study also compared departmental strength (number of sworn officers per agency) with county populations and geographic area of the state the agency is located in with the number of hours required annually by each agency. Finally, each agency was asked if it had participated in a multiagency exercise and a multiagency incident and to identify any issues that occurred …


Comparative Analysis Between Routine Preventative Uniformed Police Patrols And Crime Reduction And Calls For Service, Oscar F. Vigoa May 2010

Comparative Analysis Between Routine Preventative Uniformed Police Patrols And Crime Reduction And Calls For Service, Oscar F. Vigoa

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The majority of the theoretical and empirical literature on police patrols and crime has concentrated on the logical assumption that more uniformed preventative police patrols reduce crime. However, few studies have examined the comparative relationship between more police officers doing preventative patrols in a specific area and crime rates and response to calls for service. The objective of this research was to examine whether more uniformed police officers, doing routine preventative patrols, assigned to an area the size of a small city reduces class one crimes (robbery, residential, and commercial burglary and auto theft). The principal intention of the study …


Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace May 2010

Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace

UNLV Theses, Dissertations, Professional Papers, and Capstones

High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.


Eyewitness Accuracy: Can Conformity Negatively Influence Testimony Reliability?, Monica Rhodes Apr 2010

Eyewitness Accuracy: Can Conformity Negatively Influence Testimony Reliability?, Monica Rhodes

Undergraduate Research Conference

No abstract provided.


Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie Apr 2010

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie

Graduate Research Symposium (2010 - 2017)

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …


Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii Apr 2010

Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive analyses …


Can Criminal Law Be Controlled?, Darryl K. Brown Apr 2010

Can Criminal Law Be Controlled?, Darryl K. Brown

Michigan Law Review

It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …


Why Care About Mass Incarceration?, James Forman Jr. Apr 2010

Why Care About Mass Incarceration?, James Forman Jr.

Michigan Law Review

Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more people, and for longer, than anyone else in the world. We continue to use the death penalty long after Europe abandoned it, we are the only country in the world to lock up juveniles for life, and we have prisoners serving fifty-year sentences for stealing videotapes from Kmart. Our courts offer little relief: the German Constitutional Court prohibits a sentence of life …


Statewide Capital Punishment: The Case For Eliminating Counties' Role In The Death Penalty, Adam M. Gershowitz Mar 2010

Statewide Capital Punishment: The Case For Eliminating Counties' Role In The Death Penalty, Adam M. Gershowitz

Vanderbilt Law Review

The State of Texas is known as the capital of capital punishment.' But is that reputation deserved? In a way, yes. Texas sends more people to death row than any other state, and it executes them far faster. However, in another way, it is incorrect to suggest that "the State" of Texas is a prolific user of capital punishment. Death penalty cases are prosecuted by counties, not the state, and a majority of Texas's counties have never imposed the death penalty. In fact, only a handful of Texas's 254 counties regularly seek the death penalty. Many other states have a …