Digital Commons Network^™

Attitudes Toward Hiring And Working With Homosexuals In Southern California Law Enforcement Agencies, James Frederick Doyle

Theses Digitization Project

The purpose of this research is to examine the acceptability of male homosexuals in law enforcement as determined by those currently employed as sworn officers in Southern California. Law enforcement has historically been reluctant to accept "outsiders" within its ranks. It has only been within the last 25 years that women and minorities have sought to enter the law enforcement profession in significant numbers, and it took legislative action and law suits to make this a reality.

The Continuing Evolution Of Policing: Community Oriented Policing In The Civilian Sector And Its Applicability In The Military Environment, Ralph George Schindler

Theses Digitization Project

The history of urban policing paints an evolutionary picture describing the various forces that impinged on society's earliest efforts at public policing and led to numerous reforms culminating in what has been termed the professional model of policing. The dynamics of an ever-changing urban society continued to present new challenges to policing and have driven police administrators and politicians to seek new methods of responding to society's criminal element.

Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman

UIC Law Review

No abstract provided.

Furthering The Accountability Principle In Privatized Federal Corrections: The Need For Access To Private Prison Records, Nicole B. Cásarez

University of Michigan Journal of Law Reform

As American prisons face unprecedented overcrowding, both the federal and various state governments have engaged private entrepreneurs to operate correctional facilities on a for-profit basis. In the federal context, one overlooked consequence of prison privatization involves decreased public access to prison records. When a federal agency delegates a public function, like the provision of correctional services, to a private contractor, the agency frustrates the purpose of the Freedom of Information Act. Prison records that otherwise would have been available to the public become insulated from disclosure by virtue of the contractor's nonagency status. To safeguard prisoners' liberty interests and well-being, …

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

All Faculty Scholarship

This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence

Michigan Law Review

This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.

The distinction between …

A Search For Solutions: Evaluating The Latest Anti-Stalking Developments And The National Institute Of Justice Model Stalking Code, Kimberly A. Tolhurst

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

Beatings by men are the leading cause of injury for American women.' Many people ask why these women do not leave their batterers. The answer often has its roots in the crime of stalking. As the mother of a battered woman who was stalked and murdered by her abuser explains, "People ask 'Why don't battered women leave?' They get killed. That's why."2 Unwilling to relinquish control, "batterers [can] become stalkers, pursuing their victims after the victims leave the abusive relationship."3 Stalking is a problem faced not only by domestic violence victims or women in general. Virtually anyone can fall prey …

Simmons V. South Carolina 114 S. Ct. 2187 (1994) United States Supreme Court

Capital Defense Journal

No abstract provided.

Chichester V. Commonwealth 448 S.E.2d 638 (Va. 1994) Supreme Court Of Virginia

Capital Defense Journal

No abstract provided.

Murder, Capital Punishment, And Deterrence: A Review Of The Evidence And An Examination Of Police Killings., William C. Bailey, Ruth Peterson

Sociology & Criminology Faculty Publications

This paper reviews and assesses the empirical literature on murder, capital punishment, and deterrence. There is a large body of evidence regarding these issues, with studies yielding a rather consistent pattern of nondeterrence. However, most investigations are limited because they rely upon the general homicide rate as the criterion variable, although both legally and theoretically, different types of murder may be differentially subject to deterrence. As an example of how deterrence investigations may benefit from examining different types of homicide, we conduct a monthly time-series analysis of the possible deterrent effect of the provision for capital punishment, levels of execution, …

Dying To Get Out: A Study On The Necessity, Importance, And Effectiveness Of Prison Early Release Programs For Elderly Inmates And Inmates Suffering From Hiv Disease And Other Terminal-Centered Illnesses, Susan Lundstrom

Brigham Young University Journal of Public Law

No abstract provided.

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston

Michigan Law Review

A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe

New York's Loyalty To The Spirit Of "Miranda": Simply The Best For Twenty-Five Years, Lorraine J. Adler

Vanderbilt Law Review

The landmark Supreme Court decision Miranda v. Arizona, recognized a defendant's right to be informed of the rights guaranteed by the Fifth Amendment's self-incrimination clause, including the right to counsel. The Miranda Court realized that a suspect may feel compelled to waive his Fifth Amendment privilege while in official detention. The Court held that the police must read the now-familiar warnings to a subject in custodial interrogation before he can waive his rights. Therefore, the Court in Miranda chose to strike the balance between effective law enforcement and protecting a subject's constitutional rights at the point of informing the subject …

Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonathan M. Smith

University of the District of Columbia Law Review

In 1909, a presidential commission made the following comment about the conditions that prevailed in the District of Columbia's jail: That men and women should be sent to these narrow and confined cells, the lazy to be fostered in laziness, the industrious to be deprived of every form of employment, in one promiscuous assembly, to corrupt and be corrupted by each other, to be fed like beasts and maintained at the public charge, with no prospect for improvement in condition, with the moral certainty that they will come out far worse than they went in, is a fact that has …

Confessions And The Mentally Retarded Capital Defendant: Cheating To Lose, Silvia Linda Simpson

Capital Defense Journal

No abstract provided.

Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.

Brigham Young University Journal of Public Law

No abstract provided.

The Police And Violent Crime, Joseph D. Mcnamara

Washington and Lee Law Review

No abstract provided.

Mentoring With Youthful Offenders: An Implementation Evaluation, R. Steve Lowe

Theses Digitization Project

No abstract provided.

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …

Process And Prediction: A Return To A Fuzzy Model Of Pre-Trial Detention, Jack F. Williams

Faculty Publications By Year

No abstract provided.

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston

Faculty Scholarship

In January 1994, President Clinton invited Kevin Jett, a thirtyone-year-old New York City police officer who walks a beat in the northwest Bronx, to attend the State of the Union Address. Jett stood for Congress's applause as the President called for the addition of 100,000 new community police officers to walk beats across the nation. The crime problem faced by Officer Jett and community police officers like him, the President said, has its roots "in the loss of values, the disappearance of work, and the breakdown of our families and communities." According to the Clinton administration, however, the police – …

Corrections Law: The Supreme Court And Treatment In Correctional And Forensic Mental Health Facilities: Recent Trends And Decisions, Michael L. Perlin

Articles & Chapters

No abstract provided.

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …

Health Care In New York State Prisons, Linda Sollish Sikka

In the Public Interest

No abstract provided.

Chabrol V. Commonwealth 245 Va. 327, 427 S.E.2d 374 (1993)

Capital Defense Journal

No abstract provided.

What Every Virginia Capital Defense Attorney Should Know About The Federal Drug Kingpin Statute, Paul M. O'Grady

Capital Defense Journal

No abstract provided.

Murphy V. Commonwealth 246 Va. 136, 431 S.E.2d 48 (1993)

Capital Defense Journal

No abstract provided.