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O'Dell V. Netherland 117 S. Ct. 1969 (1997) United States-Supreme Court Sep 1997

O'Dell V. Netherland 117 S. Ct. 1969 (1997) United States-Supreme Court

Capital Defense Journal

No abstract provided.


Arnold V. Evatt 113 F.3d 1352 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit Sep 1997

Arnold V. Evatt 113 F.3d 1352 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.


Murphy V. Netherland 116 F.3d 97 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit Sep 1997

Murphy V. Netherland 116 F.3d 97 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.


The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin Jul 1997

The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin

Osgoode Hall Law Journal

This article is divided in two parts. In Part I, Ray Kuszelewski details the history of setbacks in representing street prostitutes faced by community-based initiatives at Parkdale Community Legal Services (PCLS). It is a personal, anecdotal, account of the clinic's evolutionary role in tackling the perils of poverty for street prostitutes. In Part II, Dianne Martin complements the first section by addressing the specific problem of police misconduct. The commentary is historical and theoretical in examining prior efforts at reform and argues for the development of a new, collaborative approach. The context is local and particularized in a community legal …


Dispatchers' Perceptions Of Computer-Aided Dispatch (Cad) In Police Communications Operations: An Exploratory Study, Anthony L. Luckman Jul 1997

Dispatchers' Perceptions Of Computer-Aided Dispatch (Cad) In Police Communications Operations: An Exploratory Study, Anthony L. Luckman

Sociology & Criminal Justice Theses & Dissertations

Since the 1970s, law enforcement officials, policy makers and academics have promoted the use of computer-aided dispatch (CAD) as a way of improving both the efficiency and effectiveness of police operations. Past literature on CAD focused on the technology's assumed capabilities for meeting certain goals. However, little if any research has, either objectively or subjectively, tested CAD's ability to meet these goals. This study utilizes subjective data collected from both dispatchers currently using CAD and those who are awaiting its implementation to determine their perceptions of CAD's ability to meet some of these goals. Of primary interest here was CAD' …


Introduction, William S. Geimer Mar 1997

Introduction, William S. Geimer

Capital Defense Journal

No abstract provided.


Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli Feb 1997

Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli

Faculty Publications

No abstract provided.


Temporary Tactic To Combat Drug Cartels, Porcher L. Taylor Iii Feb 1997

Temporary Tactic To Combat Drug Cartels, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

In an effort to wipe out the profits in illegal drug trafficking and thus strike a lethal blow against this business, Congress should consider a one-year suspension of the probable cause requirement for property search warrants for drugs under the Fourth Amendment, but without the concomitant arrests and prosecutions.


A Model Training Program To Prepare Candidates For Employment As Police Officers In Taiwan, George Gwo-Fang Jien Jan 1997

A Model Training Program To Prepare Candidates For Employment As Police Officers In Taiwan, George Gwo-Fang Jien

All Graduate Projects

The purpose of this project was to design a model training program to prepare candidates for employment as police officers in Taiwan. To accomplish this project, a review of current literature regarding training for basic police work was conducted. Additionally related information from Central Police University, Taoyuan, Taiwan, was obtained and analyzed.


Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold Jan 1997

Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold

UIC Law Review

No abstract provided.


The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur Jan 1997

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.


Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.


Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler

UIC Law Review

No abstract provided.


Race, Cops, And Traffic Stops, Angela J. Davis Jan 1997

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …


Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Michigan Journal of Race and Law

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates …


Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant Jan 1997

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant

Law Faculty Scholarship

Crime control through law enforcement is generally considered to be a two-part process of appre­hending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harass­ment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …


Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles

Faculty Scholarship

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …


The "Agony Of Suspense": How Protracted Death Row Confinement Gives Rise To An Eighth Amendment Claim Of Cruel And Unusual Punishment, Kathleen M. Flynn Jan 1997

The "Agony Of Suspense": How Protracted Death Row Confinement Gives Rise To An Eighth Amendment Claim Of Cruel And Unusual Punishment, Kathleen M. Flynn

Washington and Lee Law Review

No abstract provided.


State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton Jan 1997

State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton

Richmond Journal of Law & Technology

With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …


The Case Against The Prison-Industrial Complex, Ira P. Robbins Jan 1997

The Case Against The Prison-Industrial Complex, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews Jan 1997

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …


Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles

Michigan Journal of Race and Law

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …


Watts: The Decline Of The Jury, William T. Pizzi Jan 1997

Watts: The Decline Of The Jury, William T. Pizzi

Publications

No abstract provided.


Police Discretion And The Quality Of Life In Public Places: Courts, Communities, And The New Policing, Debra A. Livingston Jan 1997

Police Discretion And The Quality Of Life In Public Places: Courts, Communities, And The New Policing, Debra A. Livingston

Faculty Scholarship

The advent of community and problem-oriented policing – the so-called "quality-of-life" policing philosophies – raises complex questions concerning police discretion in addressing minor street misconduct and judicial response to that discretion. In this Article, Debra Livingston addresses these questions by reassessing the ways in which courts have employed the facial vagueness doctrine to limit police discretion in the performance of "order maintenance" tasks. Livingston contends that aggressive employment of the facial vagueness doctrine is an inadequate mechanism for limiting police discretion and at the same time could impair positive change in the direction of community and problem-oriented policing. As an …


Testilying: Police Perjury And What To Do About It, Christopher Slobogin Oct 1996

Testilying: Police Perjury And What To Do About It, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …


Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court Sep 1996

Gray V. Netherland 116 S.Ct. 2074 United States Supreme Court

Capital Defense Journal

No abstract provided.


Bennett V. Angelone 92 F.3d 1336 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit Sep 1996

Bennett V. Angelone 92 F.3d 1336 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.


O'Dell V. Netherland 95 F.3d 1214 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit Sep 1996

O'Dell V. Netherland 95 F.3d 1214 (4th Cir. 1996) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.


Cooper V. Oklahoma 116 S. Ct. 1373 (1996) United States Supreme Court Sep 1996

Cooper V. Oklahoma 116 S. Ct. 1373 (1996) United States Supreme Court

Capital Defense Journal

No abstract provided.


Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell Sep 1996

Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell

Washington and Lee Law Review

No abstract provided.