Digital Commons Network^™

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …

Winning The Battle, Losing The War?: Judicial Scrutiny Of Prisoners' Statutory Claims Under The Americans With Disabilities Act, Christopher J. Burke

Michigan Law Review

When he was convicted in 1994 of drunken driving, escape, and resisting arrest, Ronald Yeskey was sentenced to serve 18 to 36 months in a Pennsylvania prison. In addition, the judge recommended that Yeskey be sent to a motivational boot camp operated by the state. Upon successful completion of the boot camp program, Yeskey's sentence would then be reduced to six months. Although he eagerly wanted to participate, the prison refused him entrance into the boot camp program because of his history of hypertension, and also denied him admission into an alternative program for the disabled. As a result, he …

Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert

Faculty Publications

To make unbiased decisions about whether to pursue a fleeing vehicle, officers must understand both the costs and the potential benefits of a pursuit. This manuscript describes an approach that identifies and assesses the impact of pursuit characteristics on pursuit costs. Data from official pursuit forms generated by officers in the Miami-Dade police department were used as a basis of the study. Log-linear models were used to identify direct and interactive effects of the pursuit characteristics. Upon finding significant effects, odds ratios were calculated. The findings indicate that there are certain pursuit characteristics, including number of units and speed, that …

Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes

Buffalo Law Review

No abstract provided.

Protecting Privacy On The Front Page: Why Restrictions On Commercial Use Of Law Enforcement Records Violate The First Amendment, Jason L. Cagle

Vanderbilt Law Review

An individual is involved in an automobile accident and is arrested for driving under the influence. A few days after being re- leased, he receives several letters in the mail. One is from a chiropractor offering services to treat his injuries. Another is from an alcohol abuse treatment center. Yet another is from an attorney who defends traffic offenses. Each of the solicitors obtained the individual's name and address from publicly available records concerning the incident. The letters are truthful and not misleading, but utilize publicly available information for purely commercial purposes at the expense of the individual's privacy.

Several …

Future Dangerousness: Issues And Analysis, Jason J. Solomon

Capital Defense Journal

No abstract provided.

Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke

University of Arkansas at Little Rock Law Review

No abstract provided.

It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden

University of Arkansas at Little Rock Law Review

No abstract provided.

The Influence Of Extra-Legal Factors On The Sentencing Of Drug Offenders In A Determinant Sentencing State, Ramonsa D. White

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate how extralegal factors such as race, gender, and age influence judicial sentencing decisions. This research utilizes data collected by the Washington State Sentencing Guidelines Commission for the fiscal years of July 1989 to July 1992. For the purpose o~ this study, only data specifically relating to drug convictions were analyzed.

Multivariate analyses were conducted to see if extralegal factors were significantly related to sentence length, whether or not offenders receive a prison sanction, and whether or not offenders receive the first time offender waiver. Analysis was done using both legal and extra-legal …

Female Inmate Labor Force Participation & Distribution Of Inmate Earnings, Brenda V. Smith, Gus Faucher, Linda Haithcox, Harry Holzer, Wendell Primus, Steve Schwalb, Charles Sullivan, Gregory Woodhead

Presentations

Hosted by The George Washington University

"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown

UF Law Faculty Publications

In the public arena, issues of race continue to command center stage. The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary. Still others dismiss it as tertiary. These varied positions, ranging from "race has nothing to do with this" to "race has everything to do with this" have in some ways canceled out any meaningful discussion of racial issues. Each of the racial camps has been allowed …

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

When Officers Get The "Blues": Factors That May Determine Which Officer Is More Inclined To Feel Job Stress, Olivia Poppy Nelson

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to investigate what factors may determine which officers may feel job stress. In today's law enforcement agencies stress is becoming an important topic to study. With the knowledge of what factors may determine stress in officers, stress can be reduced to avoid departmental loss. The data collection was conducted in 1998, during the Christmas season at a California law enforcement agency. This thesis looks at the impact of age, education, and job satisfaction on stress. It also looks at the relationship of age and education to job satisfaction. Multiple regression was run on all …

Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller

Brigham Young University Education and Law Journal

No abstract provided.

Communicating With Capital Juries: How Life Versus Death Decisions Are Made, What Persuades, And How To Most Effectively Communicate The Need For A Verdict Of Life, Melissa E. Whitman

Capital Defense Journal

No abstract provided.

Two Decades Of Death: Trashing The Rule Of Law In Virginia, William S. Geimer

Capital Defense Journal

No abstract provided.

Anatomy Of An Affirmative Duty To Protect: 42 U.S.C. Section 1986, Linda E. Fisher

Washington and Lee Law Review

No abstract provided.

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.

The Move To Community Oriented Policing And Problem Solving: The Community As Partners For Progress, Wayne Everett Miles

Theses Digitization Project

No abstract provided.

Law Enforcement Organizational Culture: A Comprehensive Study Of Sworn Vs. Non-Sworn Personnel In Relation To Attrition Caused By Non-Sworn Personnel Career Ceilings, Geraldine Anne Gour

Theses Digitization Project

No abstract provided.

Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon

Michigan Journal of Gender & Law

This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …

The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile

Michigan Journal of Race and Law

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman

Michigan Journal of International Law

The time has come to move beyond howls of alarm to a public discussion of what policies should be adopted or reformed. That discussion should proceed even as crucial questions remain only partially answerable: How realistic is the possibility of catastrophic terrorism? How easy is it to make a catastrophic device that actually works? Why would any person or group want to kill hundreds, thousands, or tens of thousands of innocent victims?

Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Regulating The Market For Snitches, Ian Weinstein

Buffalo Law Review

No abstract provided.

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner

Animal Law Review

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …

Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin

Dianne Pothier Collection

The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …

Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley

Journal Articles

Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Reviews

In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …