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Articles 331 - 360 of 1378
Full-Text Articles in Entire DC Network
Organizational Decline And Fiscal Distress In Municipal Police Agencies, Matthew Giblin, Jeffrey Nowacki
Organizational Decline And Fiscal Distress In Municipal Police Agencies, Matthew Giblin, Jeffrey Nowacki
Articles
In late 2007, the United States entered one of the most significant recessions in recent memory. While the consequences to individuals have been well-documented, less attention has been paid to the effects on state-sponsored organizations such as police agencies. The current study examines fiscal distress (e.g., layoffs, hiring freezes) in a sample of large municipal law enforcement agencies. According to a framework proposed by Levine (1978), departments should be most vulnerable to fiscal distress when the jurisdiction experiences economic shocks (environmental entropy), the demand for police services declines (problem depletion), the political system becomes less supportive of police agencies (political …
Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott
Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott
Articles
Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes—often with the government—is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …
The Culture Of Misdemeanor Courts, Jessica A. Roth
The Culture Of Misdemeanor Courts, Jessica A. Roth
Articles
The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …
The Nature Of The Crimes In The African Criminal Court, Charles C. Jalloh
The Nature Of The Crimes In The African Criminal Court, Charles C. Jalloh
Articles
This article examines the distinction between 'international' and 'transnational' crimes in contemporary international legal literature. It considers this traditional division through the lens of the African Union (AU) s Malabo Protocol, adopted in June 2014, which seeks to establish the first regional penal court with material jurisdiction over 14 crimes. The author argues that, while the international/transnational crimes distinction may be analytically convenient for scholars, the codification of both types of prohibitions into a regional treaty illustrates that some states are less concerned about adherence to crime categories and more interested in proscribing whatever conduct pose threats to their peace …
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Articles
Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under …
Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu
Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu
Articles
The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."
The Structural Function Of The Sixth Amendment Right To Counsel Of Choice, John Rappaport
The Structural Function Of The Sixth Amendment Right To Counsel Of Choice, John Rappaport
Articles
No abstract provided.
The Consequences Of Disparate Policing: Evaluating Stop And Frisk As A Modality Of Urban Policing, Aziz Huq
The Consequences Of Disparate Policing: Evaluating Stop And Frisk As A Modality Of Urban Policing, Aziz Huq
Articles
No abstract provided.
Factors In Fairness And Emotion In Online Case Resolution Systems, Youyang Hou, Cliff Lampe, Maximilian Bulinski, J. J. Prescott
Factors In Fairness And Emotion In Online Case Resolution Systems, Youyang Hou, Cliff Lampe, Maximilian Bulinski, J. J. Prescott
Articles
Courts are increasingly adopting online information and communication technology, creating a need to consider the potential consequences of these tools for the justice system. Using survey responses from 209 litigants who had recently used an online case resolution system, we investigate factors that influenced litigants’ experiences of fairness and emotional feelings toward court officials. Our results show that ease of using the online case resolution system, the outcome of the case, and a litigant’s perceptions of procedural justice are positively associated both with whether the litigant views the process as fair and whether the litigant ultimately feels positive emotions toward …
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold
Articles
Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …
Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus
Disentangling Miranda And Massiah: How To Revive The Sixth Amendment Right To Counsel As A Tool For Regulating Confession Law, Eve Brensike Primus
Articles
Fifty years after Miranda v. Arizona, many have lamented the ways in which the Burger, Rehnquist, and Roberts Courts have cut back on Miranda's protections. One underappreciated a spect of Miranda's demise is the way it has affected the development of the pretrial Sixth Amendment right to counsel guaranteed by Massiah v. United States. Much of the case law diluting suspects' Fifth Amendment Miranda rights has bled over into the Sixth Amendment right to counsel cases without consideration of whether the animating purposes of the Massiah pretrial right to counsel would support such an importation. This development is unfortunate …
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
Articles
This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.
The Miranda Case Fifty Years Later, Yale Kamisar
The Miranda Case Fifty Years Later, Yale Kamisar
Articles
A decade after the Supreme Court decided Miranda v. Arizona, Geoffrey Stone took a close look at the eleven decisions the Court had handed down “concerning the scope and application of Miranda.” As Stone observed, “[i]n ten of these cases, the Court interpreted Miranda so as not to exclude the challenged evidence.” In the eleventh case, the Court excluded the evidence on other grounds. Thus, Stone noted, ten years after the Court decided the case, “the Court ha[d] not held a single item of evidence inadmissible on the authority of Miranda.” Not a single item. To use …
How Private Insurers Regulate Public Police, John Rappaport
How Private Insurers Regulate Public Police, John Rappaport
Articles
No abstract provided.
Conviction Integrity Units Revisited, Barry Scheck
Conviction Integrity Units Revisited, Barry Scheck
Articles
“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …
Random If Not "Rare"? The Eighth Amendment Weaknesses Of Post-Miller Legislation, Kimberly Thomas
Random If Not "Rare"? The Eighth Amendment Weaknesses Of Post-Miller Legislation, Kimberly Thomas
Articles
First, this Article surveys the U.S. Supreme Court's decision to analogize life without parole for juveniles to the death penalty for adults, and discusses the Eighth Amendment law regarding the parameters around death penalty statutory schemes. Second, this Article examines the state legislative response to Miller, and scrutinizes it with the Court's Eighth Amendment death penalty law-and the states' responses to this case law-in mind. This Article highlights the failure of juvenile homicide sentencing provisions to: 1) narrow offenses that are eligible for life without parole sentences; 2) further limit, once a guilty finding is made, the categories of …
Community Safety, Social Cohesion And Embedded Autonomy: A Case From South-West Dublin, Matt Bowden
Community Safety, Social Cohesion And Embedded Autonomy: A Case From South-West Dublin, Matt Bowden
Articles
The article provides a case of community safety based upon an evaluative study of an community safety intervention in the south-west Dublin suburb of Tallaght. Characteristic of the Irish context for crime prevention and community safety has been the ad hoc nature of policy formation and the underdeveloped structures for urban security. The case is based primarily upon qualitative data from interviews and focus groups with key stakeholders, together with some additional observations from a household survey. The key themes centre on the way safety manifests from issues related to social integration in the pilot communities; the impact, capacity and …
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants’ Mental Illness And Disability, Sarah Gerwig-Moore
On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants’ Mental Illness And Disability, Sarah Gerwig-Moore
Articles
This Article addresses the questions of attorney error and client competency and examines the following issues: the origin and development of the legal tests for intellectual competency to stand trial or enter a plea and the tests for evaluating Sixth Amendment effective assistance of counsel claims; the range of state and federal approaches to circumstances when those two situations converge; and whether and how our legal tests should be shaped to best assess attorney error when the client likely has an intellectual disability or incompetence. When consideration of a defendant's mental illness or mental disability forms the basis of a …
Liberal Internationalism And The Populist Backlash, Eric A. Posner
Liberal Internationalism And The Populist Backlash, Eric A. Posner
Articles
No abstract provided.
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens
Articles
In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …
First Amendment Right To A Remedy, Benjamin Plener Cover
First Amendment Right To A Remedy, Benjamin Plener Cover
Articles
Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …
Hybrid Jury Strikes, Aliza Plener Cover
Hybrid Jury Strikes, Aliza Plener Cover
Articles
Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak and …
In Memoriam: M. Cherif Bassiouni, Charles C. Jalloh
Democratic Surveillance, Mary Anne Franks
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks
Articles
The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …
Radical Dissents In International Criminal Trials, Neha Jain
Radical Dissents In International Criminal Trials, Neha Jain
Articles
No abstract provided.
The History And Future Of Capital Punishment In The United States, Robert Stein
The History And Future Of Capital Punishment In The United States, Robert Stein
Articles
No abstract provided.
Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld
Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld
Articles
No abstract provided.
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld
Articles
No abstract provided.