Digital Commons Network^™

Protest Is Different, Jessica L. West

University of Richmond Law Review

No abstract provided.

Response: The Icc, Pre-Existing Jurisdictional Treaty Regimes, And The Limits Of The Nemo Dat Quod Non Habet Doctrine--A Reply To Michael Newton, Carsten Stahn

Vanderbilt Journal of Transnational Law

It is a pleasure and a privilege to provide a few reflections on Michael Newton's thought-provoking essay on "How the ICC Threatens Treaty Norms." His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC practice. Newton makes a provocative argument. He argues that the ICC might undermine sovereign law enforcement efforts and exceed its powers if it exercises jurisdiction over American forces in Afghanistan or Israeli offenses in the West Bank or the Gaza Strip. This argument is not …

Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini

Journal of Law and Policy

Police use of force has been subject to greater scrutiny in recent years in the wake of several high-profile killings of African Americans. Less attention, however, has been paid to the increasingly routine violent encounters between police and individuals with mental illness or intellectual and development disabilities (“I/DD”). This is particularly problematic, as police have become the de-facto first responders to these individuals and far too often police responses to these individuals result in tragedy.

This Note argues that the Americans with Disabilities Act requires law enforcement to provide reasonable accommodations during their interactions with and seizures of individuals with …

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory

Journal of Digital Forensics, Security and Law

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …

Job Satisfaction In Law Enforcement Officers According To Generational Cohorts, Johnathon Michael Sharp

Walden Dissertations and Doctoral Studies

Job satisfaction in law enforcement is important because it promotes continuity of a professional and cohesive police force that works well together, follows proper policy and procedures, and provides the services needed to the public. Given multigenerational law enforcement officers are now working together, its impact on job satisfaction is not known. This study focused on how generational cohort membership impacts the job satisfaction of law enforcement officers based on Mannheim's theory of generations and Locke's range of affect theory. It utilized a survey design where job satisfaction was assessed using the Job Descriptive Index, Organizational Commitment Questionnaire, and Job …

Alaska State Trooper Critical Incident Response Team And Peer Support Program Development, Cari Miller

Student Projects for Graduate Degrees

Law enforcement officers experience enormous job-related stress burdens in comparison to other career fields. Officers routinely encounter stressful situations from sources specific to their occupation, particularly their frequent exposure to dangerous situations, violence, and witnessing human suffering and depravity. Negative effects of occupational stress are exhibited in physical, physiological, emotional, and psychological changes. Law enforcement stress management programs are developed to provide resources to offset the negative effects, provide positive coping strategies to reduce stress, and increase the officer’s quality of life. This project developed program documents, policies, and procedures for the Critical Incident Response Team (CIRT) and Peer Support …

Building Trust And Breaking Down The Wall: The Use Of Restorative Justice To Repair Police-Community Relationships, Laura Merkey

Missouri Law Review

The town of Ferguson, Missouri, captured national attention when a grand jury failed to indict Darren Wilson, a white police officer who shot and killed Michael Brown, an unarmed black teenager, three months prior. Similar citizen deaths involving police in both New York City and Cleveland have magnified the tensions felt across the country, and in many cities and communities, the community-police relationships are rapidly becoming untenable. Baltimore, Maryland, is a prime example; protests, riots, and an atmosphere of mistrust pervaded the city for months after the deaths of Michael Brown, Eric Garner, and Tamir Rice. The situation was, simply …

Ferguson And Police Use Of Deadly Force, Richard Rosenfeld

Missouri Law Review

The killing of Michael Brown, an unarmed black teenager, by Darren Wilson, a white police officer in Ferguson, Missouri, sparked widespread protests in the St. Louis area and across the nation. Protests and civil unrest resumed after a St. Louis County grand jury declined to indict the police officer.2 Protesters and commentators raised several issues related to the Ferguson incident and police use of deadly force. This Article addresses four of those issues: (1) Why Ferguson? (2) Did the Ferguson killing and ensuing civil unrest increase crime rates in St. Louis? (3) What is known about police use of deadly …

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

University of Richmond Law Review

No abstract provided.

Strip Searching In The Age Of Colorblind Racism: The Disparate Impact Of Florence V. Board Of Chosen Freeholders Of The County Of Burlington, André Keeton

Michigan Journal of Race and Law

In 2012, the Supreme Court of the United States decided Florence v. Board of Chosen Freeholders of the County of Burlington. The Court held that full strip searches, including cavity searches, are permissible regardless of the existence of basic reasonable suspicion that the arrestee is in possession of contraband. Further, the Court held that law enforcement may conduct full strip searches after arresting an individual for a minor offense and irrespective of the circumstances surrounding the arrest. These holdings upended typical search jurisprudence. Florence sanctions the overreach of state power and extends to law enforcement and corrections officers the unfettered …

Federalism, Federal Courts, And Victims' Rights, Michael E. Solimine, Kathryn Elvey

Catholic University Law Review

One of the most striking developments in American criminal law and procedure in the past four decades has been the widespread establishment of victims’ rights at both the federal and state levels. A conspicuous exception to the success of the victims’ rights movement has been the failure of Congress to pass a proposed amendment to the U.S. Constitution that would uniformly establish such rights in all federal and state courts. Advanced by both private organizations and state officials, and with bipartisan support in Congress, bills establishing a Victims’ Rights Amendment (VRA) have been introduced several times in the past three …

Evaluation Of Washington State Department Of Corrections (Wadoc) Swift And Certain (Sac) Policy Process, Outcome And Cost-Benefit Evaluation, Zachary Hamilton, Jacqueline G. Van Wormer, Alex Conrad Kigerl, Christopher M. Campbell, Brianne Posey

Criminology and Criminal Justice Faculty Publications and Presentations

In 2012, the Washington State Department of Corrections (WADOC) embarked on an ambitious effort to restructure their community supervision model. These changes were driven by the passage of Senate Bill 6204, which created substantial operating changes to the Community Corrections Division (CCD) of the WADOC, including matching the level of supervision to offender’s risk level, utilizing evidence-based treatment and implementing swift and certain (yet moderate) jail sanctions for community supervision violations (Washington State Department of Corrections 2008; 2014). The Swift and Certain (SAC) policy was implemented in May of 2012, with the intent of expanding the HOPE model to a …

Alaska Justice Forum ; Vol. 32, No 1. (Spring 2015), Marny Rivera, Patrick Sidmore, Barbara Armstrong, Deborah Periman, Brad A. Myrstol, Troy C. Payne

Vols 31-36 (2014-2019)

The Spring 2015 issue of the Alaska Justice Forum presents articles on the relationship between adverse childhood experiences (ACEs) and alcohol abuse in adulthood, limiting public access to criminal records, police–public contacts in Anchorage, and officer-involved shootings in Anchorage.

Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri

Law School Blogs

No abstract provided.

The President's Task Force On 21st Century Policing: Final Report, Office Of Community Oriented Policing Services, Erin M. Kearns

Criminology and Criminal Justice Faculty Publications

The task force recommendations are presented under six topics: "Building Trust and Legitimacy," Policy and Oversight," "Technology and Social Media," "Community Policing and Crime Reduction," "Officer Training and Education," and "Officer Safety and Wellness." Each of the recommendations in these topic areas include suggested action steps. One of two overarching recommendations is that the President support the establishment of a National Crime and Justice Task Force to examine all areas of criminal justice and pose reforms. As a corollary to this recommendation, the second overarching recommendation is that the President support programs that take a comprehensive and inclusive look at …

An Analysis And Examination Of College Undergraduates' Perceptions Of Women In Law Enforcement, William T. Stone ~

Honors College Theses

Throughout the course of history, various perceptions of gender and the roles that each gender should play have been observed. As Western society has progressed, so have the rights of women in many modern, developed nations. In America, women became an integral part of the workforce during World War II. When the war was over, however, they were expected to return to a more domestic role. Today, the number of women in the workplace continues to increase; however, many disparities continue to exist. Traditionally masculine careers, such as policing, have seen smaller increases in the number of women in these …

Faculty Senate Resolution 15-04, Louisiana State University And Agricultural & Mechanical College

LSU Faculty Senate Publications

Faculty Senate Resolution on addressing institutional racism in law enforcement; postponed, not adopted.

The Challenges Of Seizing And Searching The Contents Of Wi-Fi Devices For The Modern Investigator, Dan Blackman, Patryk Szewczyk

Australian Digital Forensics Conference

To the modern law enforcement investigator, the potential for an offender to have a mobile device on his or her person, who connects to a Wi-Fi network, may afford evidence to place them at a scene, at a particular time. Whilst tools to interrogate mobile devices and Wi-Fi networks, have undergone significant development, little research has been conducted with regards to interrogating Wi-Fi routers and the evidence they may contain. This paper demonstrates that multiple inhibiting factors exist for forensic investigators when attempting to extract data from Wi-Fi routers at the scene. Data volatility means the Wi-Fi router cannot be …

Police Opinions Of Digital Evidence Response Handling In The State Of Georgia: An Examination From The Viewpoint Of Local Agencies’ Patrol Officers, Tanya Macneil

CCAC Theses and Dissertations

This research examined opinions of local law enforcement agencies’ patrol officers in the State of Georgia regarding preparedness and expectations for handling of digital evidence. The increased criminal use of technology requires that patrol officers be prepared to handle digital evidence in many different situations. The researcher’s goal was to gain insight into how patrol officers view their preparedness to handle digital evidence as well as their opinions on management expectations regarding patrol officers’ abilities to handle digital evidence. The research focused on identifying whether a gap existed between patrol officers’ opinions of digital evidence and the patrol officers’ views …

The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

Law Faculty Scholarship

This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that have …

The Dark Frontier: The Violent And Often Tragic Point Of Contact Between Law Enforcement And The Mentally Ill., Gary Howell

The Scholar: St. Mary's Law Review on Race and Social Justice

There currently exists a widespread and unacceptable risk of violence between law enforcement personnel and mentally ill suspects. The point of contact between law enforcement and the mentally ill has evolved over the last fifty years and can trace its origins to deinstitutionalization. Deinstitutionalization aimed to close centralized, state mental health institutions in favor of decentralized, community-based mental health care facilities. Deinstitutionalization, however, created a number of consequences for the mentally ill and law enforcement. For example, in the years since deinstitutionalization, an excessive number of homeless mentally ill persons and their families have had little or no access to …

Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis

Scholarly Works

Police violence against citizens lately has gripped the nation’s attention because of recent cases in Ferguson, Missouri; Staten Island, New York; Cleveland, Ohio; Baltimore, Maryland; and elsewhere. Children in those communities and nationwide have been directly and indirectly exposed to these well-publicized incidences of police killings and the aftermath of those killings.

Exposure to police violence may cause children physical, cognitive, emotional, and social trauma. Moreover, the exposure may negatively influence children’s mindsets regarding the criminal justice system and police.

Undoubtedly, these events of late are not the first and only instances in which children have been exposed to physically …

Law Enforcement And Military Members: Engaging In The Community, Karen C. Kalmbach, Randy Garner

Psychology Faculty Publications (Archived)

This chapter seeks to assist law enforcement by providing an empirical review of research on the relationship between military service and risk of dangerousness—to self (suicide) or others (violent crime). Risk posed by military members is poorly understood and largely overstated by media reports. The following discussion will reveal that—notwithstanding the unique aspects of military culture and service—most risk factors for violence (towards self and others) are similar for both military members and nonmilitary alike. However, some aspects of military service, (e.g., combat exposure), may impact the behavior and thought processes of service members who come into contact with law …

Current Issues Regarding Alaska Tribal Court Jurisdiction, Fortson N/A

Vols 31-36 (2014-2019)

This article examines some of the unresolved issues that will shape tribal court jurisdiction in Alaska in coming years.

Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.

Violence In Illicit Markets: Unintended Consequences And The Search For Paradoxical Effects Of Enforcement, James Prieger, Jonathan D. Kulick

School of Public Policy Working Papers

The textbook competitive model of drug markets predicts that greater law enforcement leads to higher black market prices, but also to the unintended consequences of greater revenue and violence. These predictions are not in accord with the paradoxical outcomes evinced by recent history in some drug markets, where enforcement rose even as prices fell. We show that predictions of the textbook model are not unequivocal, and that when bandwagon effects among scofflaws are introduced, the simple predictions are more likely to be reversed. We next show that even simple models of noncompetitive black markets can elicit paradoxical outcomes. Therefore, we …

Police Body Cameras In Missouri: Good Or Bad Policy? An Academic Viewpoint Seen Through The Lens Of A Former Law Enforcement Official, Pernell Witherspoon

Missouri Policy Journal

After the fatal shooting of an African American teenager in Ferguson, Missouri on August 9, 2014, various police departments are exploring the use of body cameras. With tensions high, it is hopeful that body worn camera policies will be based on sound research and that appropriate measures are made to achieve optimum effectiveness. The author of this writing, a former law enforcement official and current academic, presents some challenges that police administrators will need to address toward body camera implementation. Because racism is difficult to accurately measure and police are historically reluctant to provide genuine feedback for researchers, the author …

State And Local Law Enforcement Personnel In Alaska: 1982–2012, Khristy Parker

AJSAC Fact Sheet

This fact sheet presents data for 1982–2012 on state and local law enforcement personnel in Alaska, including size of law enforcement agencies by number of employed personnel, police-citizen ratio, ratio of sworn officers to civilian employees, and employment of women as sworn officers. Data is drawn from the annual Crime in Alaska report of the Alaska Department of Public Safety and the annual Crime in the United States report of the Federal Bureau of Investigation, both of which are part of the FBI's Uniform Crime Reports (UCR) program.

Postadjudicatory Juvenile Defense Attorneys: More Thoughts On Reimaging Juvenile Justice, Megan F. Chaney

Faculty Scholarship

No abstract provided.