Digital Commons Network^™

Statement Of The District Task Force On Jails And Justice Before The Committee On Transportation And The Environment Of The Council Of The District Of Columbia. Budget Oversight Hearing For The District Department Of Transportation, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - 2021-2024

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes

Reports

The purpose of this review is to examine and evaluate current approaches to reducing violent crime. The review reports on supportive techniques, strategies, programs, and practices that are evidence-informed to combat criminal activity, delinquency, and community disorder. Ineffective techniques, strategies, and programs are also included. The review provides potential strategies and programs that require additional empirical research to show whether they work. This review includes the integration of education, employment, social services, and public health services into efforts to reduce crime and ease the burden on law enforcement and justice systems. Recommendations for reducing violent crime are included.

Responding To Abolition Anxieties: A Roadmap For Legal Analysis, Jamelia Morgan

Michigan Law Review

A Review of We Do This ’Til We Free Us. By Mariame Kaba.

The Progressive Love Affair With The Carceral State, Kate Levine

Michigan Law Review

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict

Washington and Lee Law Review

Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.

Courts rarely, if ever, examine FRT’s role in establishing …

Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast

Vanderbilt Law Review

In the 1980s, the Supreme Court held that courts must consider the “totality of the circumstances” when deciding the reasonableness of a police officer’s conduct in an excessive force suit. To this day, the precise meaning of “reasonableness” remains elusive. For years, courts around the country have struggled to articulate what police conduct should and—equally as saliently— should not be considered during reasonableness determinations. Thus far, the Supreme Court has been unwilling to substantively clarify its reasonableness doctrine. This lack of clarity has led to an untenable patchwork of differing legal frameworks throughout the United States.

This issue exists in …

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Factors For Thriving In Law Enforcement, Kelly K. Wedley

Doctor of Education (Ed.D)

The purpose of this non-experimental and quantitative study was to evaluate the degree to which law enforcement officers perceive themselves as thriving. The sample for this study was convenient, non-probable, and purposive and comprised of 214 law enforcement officers from one large law enforcement agency in the State of Florida. The study’s researcher-constructed survey instrument was determined to be internally consistent and reliable. A one sample t-test was used to assess the statistical significance of study participant mean score response to perceptions of thriving and the results were statistically significant. The use of between-subjects analytic techniques was used to compare …

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson

Law Faculty Scholarship

The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (“ACEs”) represent the “single greatest unaddressed public health threat facing our nation today” according to Dr. Robert Block, former President of the American Academy of Pediatrics.

ACEs are traumatic events that occur in early childhood, which can range from abuse and neglect to experiences derived from household and community dysfunction, such as losing a caregiver, being incarcerated, or living with a household member suffering from mental illness. …

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Developing Police, Madalyn K. Wasilczuk

Buffalo Law Review

No abstract provided.

Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li

ProAcademy

The article analyzes the legislation on appeals of individuals and legal entities of advanced developed countries and member states of the Commonwealth of Independent States. In the comparative legal analysis of the legislation of these countries, the place of the prosecutor’s offices in them in the state register is emphasized by dividing them into groups with special attention. This article presents a scientific, theoretical and practical study of the implementation of national legislation on the appeals of individuals and legal entities of the Republic of Uzbekistan on the positive aspects contained in their normative legal acts, in the presentation of …

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.

The Dignitary Confrontation Clause, Erin Sheley

Washington Law Review

For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …

Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi

The Indonesian Journal of Socio-Legal Studies

This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …

Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.

Buffalo Law Review

The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.

Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …

Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner

Pace Law Review

No abstract provided.

Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the Metropolitan Police Department. February 17, 2022.

Hope V. Harris: Brief Of Amici Curiae Current And Former Prosecutors And Department Of Justice Officials In Support Of Petitioner, Barbara Mcquade

Appellate Briefs

Amici are 45 current and former federal, state, and local prosecutors, state attorneys general, and Department of Justice officials with experience prosecuting and establishing policies for prosecuting serious crimes. Amici recognize that humane conditions of incarceration are important to the community’s trust in the fairness of the criminal justice system and, in turn, to individuals’ willingness to report crimes, act as witnesses, and serve as fair and impartial jurors. As stewards of public safety, amici also have an interest in ensuring that incarcerated people—the vast majority of whom are eventually released—are given the opportunity to rejoin society successfully and refrain …

Rights And Legitimate Interests Of The Victim From The Perspective Of The Concept Of Criminal Procedure Of The Republic Of Uzbekistan: Problems And Ways To Solve Them, Bazarova Dildora Bakhadirovna

ProAcademy

The article deals with the issues of ensuring the rights and legitimate interests of victims in the law of criminal procedure of the Republic of Uzbekistan. The author notes that the rights and legitimate interests of victims in comparison with suspects and accused persons are largely limited and not provided for by law, the very concept of the Code of Criminal Procedure of the Republic of Uzbekistan is aimed at ensuring the speedy disclosure of the criminal case, a fair consideration of the case and ensuring that the innocent person is not brought to justice, as well as the rights …

The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich

ProAcademy

The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …

Adree Edmo, The Eighth Amendment, And Abolition: Evaluating The Fight For Gender-Affirming Care In Prisons, Mike Greene

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

This Comment argues that the Eighth Amendment litigation strategy to secure gender confirmation surgery for incarcerated transgender people is a non-abolitionist “reformist” reform that expands the criminal punishment system that perpetuates state violence against transgender people. This Comment proposes an abolitionist framework as a transformative approach to evaluating criminal punishment system reforms and securing gender-affirming care for transgender people, incarcerated or otherwise. This Comment then proposes two abolitionist steps towards trans justice, health, and liberation.

This Comment will first provide background on gender-affirming medical care, current medical standards for assessing gender-affirming care, and the standards that courts use to evaluate …

Critical Legal Studies And The Police, Nirej Sekhon

Cardozo Law Review

Constitutional police regulation is a complex tangle of substantive rights, remedies, and procedural rules. Together, they appear to scaffold a cohesive system of police restraint. Legal scholars tend to focus criticism on specific rules, impelled by faith that the system can be made to serve its core purpose: protecting civilians against police overreach and abuse. Drawing on critical legal studies, this Article contends that constitutional police regulation is incapable of realizing its putative purpose. Constitutional police regulation frames policing as a series of isolated, individual police-civilian encounters. This is compounded by the unpredictable interpretive interplay between substantive, remedial, and procedural …

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental, & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are …