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The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions. Symposium Introduction, H. Russell Cort, Arlene L. Robinson

University of the District of Columbia Law Review

No abstract provided.

Mental Health And Incarceration: What A Bad Combination, Olinda Moyd

University of the District of Columbia Law Review

The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …

Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay

University of the District of Columbia Law Review

No abstract provided.

Suicide In Jails And Prisons: What The Numbers Tell Us, Karen L. Cropsey

University of the District of Columbia Law Review

Suicide is often the most common cause of death in correctional settings across the world. The World Health Organization (WHO) recently published a report stating that suicide "is a public health problem that demands our attention."' Across the world, one suicide attempt is made every three seconds, with one completed suicide every minute. More people die across the world from suicide than by armed conflict. The risk factors for suicide include being a young or elderly male, being indigenous, being an individual with a mental illness or substance abuse history, and being incarcerated or in custody. Further, individuals who have …

Denying Special Education In Adult Correctional Facilities: A Brief Critique Of Tunstall V. Bergeson, Thomas A. Mayes

Brigham Young University Education and Law Journal

No abstract provided.

Defense-Based Victim Outreach: Restorative Justice In Capital Cases, Kristen F. Grunewald, Priya Nath

Capital Defense Journal

No abstract provided.

Avoiding A Death Sentence In The American Legal System: Get A Woman To Do It, Janice L. Kopec

Capital Defense Journal

No abstract provided.

The "Stunning" Truth: Stun Belts Debilitate, They Prejudice, And They May Even Kill, Philip H. Yoon

Capital Defense Journal

No abstract provided.

Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero

Brigham Young University Journal of Public Law

No abstract provided.

Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks

Brigham Young University Journal of Public Law

No abstract provided.

Boot Camps: An Alternative Sanction For Better Or Worse, Angela Dawn Macdonald

Theses Digitization Project

In the past twenty years boot camps have been evaluated for effectiveness on reducing recidivism, crowding, and costs to the Departments of Corrections. Program and offender characteristics have been studied. This analysis intends to determine how well studied boot camps are, why there is so much disagreement in the findings, and what impact, if any, boot camp programming has had in corrections.

Why Do They Resist? Exploring Dynamics Of Police-Citizen Violence During Arrest Encounters, Kimberly Joy Belvedere

Theses Digitization Project

This study seeks to identify a relationship between Rational Choice/Classical thought and resisting arrest among criminal offenders. It seeks also to fill the gap that currently exists with regard to the effects of situational dynamics and police-citizen violence.

What Constitutes An Arrest Within The Meaning Of The Fourth Amendment, Thomas K. Clancy

Villanova Law Review (1956 - )

No abstract provided.

Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert

Michigan Journal of Race and Law

This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …

Dying Twice: Incarceration On Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Dying Twice is an important report. The work is a collaboration between the Corrections Committee of the Association of the Bar of the City of New York, which I chaired, and the Committee on Capital Punishment of the Association chaired by Norman Greene. The working group that researched and wrote the report was drawn from members of both committees. The attorneys and the physician who served on the committee are wonderful, talented, dedicated people. It was a pleasure to work with professionals of this caliber on such an important effort. Dying Twice was endorsed as the position of the Association …

A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos

Articles & Book Chapters

Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman

Publications

No abstract provided.

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.

Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm

UNLV Theses, Dissertations, Professional Papers, and Capstones

Selected Nevada law enforcement officers participated in the mandatory collection of traffic stop data in the calendar year 2002. The requirement was a temporary one-year study mandated by the 2001 Nevada Legislature. The primary objective of this paper is to provide insight into the behavioral response of law enforcement with respect to mandatory data collection. Data for this study was obtained from the use of a self-administered mail survey from law enforcement officers from five of the nine Nevada police agencies required to collect traffic stop data. Responses from 399 Nevada law enforcement officers surveyed (A response rate of 65 …

No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer

Seattle University Law Review

This Article will first examine how the warrant system works in Washington and how jail overcrowding and prisoner litigation has hindered the ability of law enforcement to arrest defendants wanted on misdemeanor and gross misdemeanor warrants. Second, the scope of the problem will be documented, followed by an analysis of why limited jurisdiction judges are currently unable to adequately respond to the growing problem. Finally, the harms caused by the failure to execute warrants will be detailed, followed by a survey of options available to correct the problem.

Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston

Seattle University Law Review

The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.

Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy

Faculty Scholarship

The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

The concentration of incarceration in social groups and areas has emerged in the past decade as a topic of research and policy interest. This interest was fueled by several factors: persistent continued growth of incarceration through the 1990s, even as crime rates fell nationally for over seven years; persistent racial disparities in incarceration; assessments of the collateral consequences of incarceration that potentially aggravate the causal dynamics that lead to elevated crime rates; rapid growth in the number of returning prisoners to their communities; an influx that may strain social control in neighborhoods where social and economic disadvantages have already created …

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this research is to determine if a relationship exists between higher education levels and misconduct allegations for Deputy Sheriffs. Official documentation from 128 internal affairs reports were collected from the Palm Beach County Sheriff's Office. Significant relationships were found to exist between higher education levels and the misconduct allegations. While some college exposure may be beneficial for job performance, a four-year degree may not yield the desired results.

The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions - Proceedings, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Now, you would think that I was as old as dirt after listening to that introduction. Well, the truth is, I am as old as dirt. And I told Paul Quander that we are both as old as dirt.

First, I want to thank Arlene for inviting me. Many, many months ago Arlene called and asked me if I would speak at this symposium on mental health in correctional institutions.

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …

From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman

Faculty Scholarship

Two lines of questions dominate discussions about how the nation ought to respond at home to the new (or rather newly perceived) terrorist threat: How do we ensure that information about potential terrorist activities is effectively gathered, shared, and used? And how do we ensure that the Government neither abuses the investigative authority we give it, nor demands more authority than it needs? Each line can profitably be pursued in its own terms. Yet to keep the conversations separate is to miss seeing how the very process of creating an effective domestic intelligence network may introduce a salutary level of …