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Sting Operations, Undercover Agents, And Entrapment, Bruce Hay Apr 2005

Sting Operations, Undercover Agents, And Entrapment, Bruce Hay

Missouri Law Review

This Article focuses on two distinct functions of sting operations. One is the informational, or investigatory, function of identifying individuals who are engaged in (or likely to engage in) criminal activity. The second is the behavioral function of deterring individuals from engaging in (independent) criminal activity: the threat of being caught in a sting may scare individuals away from genuine criminal opportunities that would otherwise seem appealing. Though complementary in some respects, these functions are also in some tension with each other. A sting operation that does not serve informational purposes may be good for deterrent purposes, and vice versa. …

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The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke Mar 2005

The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke

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

Modern civil rights litigation stems from the Ku Klux Klan Act, otherwise known as the Civil Rights Act of 1871. Congress codified this Act in the United States Code under Section 1983 of Title 42. No other law is more central to present day police and correctional officer accountability. The Civil Rights statute effectuates broad constitutional protections set in place in the aftermath of the Civil War. Congress designed this Act to change over time and intertwine with a continuing history of expanding rights. Section 1983 provides a remedy to any person who experienced another person, acting under the color …

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Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World Jan 2005

Fordham Urban Law Journal - Essay- Local Policing In A Post - 9/11 World

Fordham Urban Law Journal

The era following September 11, 2001 will be remembered as the golden age of law enforcement, the age of a bold paradigm shift inspired by the great challenges we face. It is instructive first to reflect on the old paradigm: as law enforcement agencies, we moved like swimmers in different lanes, all going the same direction with the same mission, yet also working by and for ourselves. Each criminal justice agency dealt with its own issues, staying—for the most part—in its own lane. Then, 9/11 changed everything. Indeed, it is our turn to be the greatest generation. Just as World …

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Alaska Justice Forum ; Vol. 21, No. 4 (Winter 2005), Roberts N/A, N/A Uaa Justice Center Jan 2005

Alaska Justice Forum ; Vol. 21, No. 4 (Winter 2005), Roberts N/A, N/A Uaa Justice Center

Vols 21-30 (2004-2014)

The Winter 2005 issue of the Alaska Justice Forum focuses on bush justice in Alaska, with a description of the work of the Alaska Rural Justice and Law Enforcement Commission, a review of past studies on improving public safety in rural areas of the state, and a bibliography of reports relevant to the Village Public Safety Officer (VPSO) program. An additional article presents figures on the over $62 million in grant funds from the federal Office of Community Policing Services (COPS) received by Alaska police agencies since 1994.

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Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson Jan 2005

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

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Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert Jan 2005

Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert

Faculty Publications

Traditionally explanations of police use of force have relied on a racial threat perspective. Tests of this perspective, however, typically offer a single indicator of threat (the relative size of the black population) and fail to adequately take into account the complex relationship between racial threat and police use of force. Drawing on racial threat, social disorganization, and police use of force literature, this study hypothesizes that macro-level patterns in police use of force are embedded in the racial and structural composition of cities and the organizational climate of local politics and police departments. The present study examines these relationships …

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Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan Jan 2005

Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan

Faculty Scholarship

On November 5, 2003, concern regarding suspected drug activity led to a massive police search of Stratford High School in the Berkeley School District, north of Charleston, South Carolina. (See Police, School District Defend Drug Raid, available at http://www.cnn.com/2003/US/South/11/07/school.raid/index.html.) Fourteen police officers assumed strategic positions inside and outside the school. Accompanied by a drug-sniffing clog, officers. Some with guns drawn, secured a school hallway and ordered more than I 00 students to get on their knees and face the wall, handcuffing at least 12 who failed to immediately obey the police orders. Alerted by the clog. police physically searched students, …

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Community Self Help, Neal K. Katyal Jan 2005

Community Self Help, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper advocates controlling crime through a greater emphasis on precautions taken not by individuals, but by communities. The dominant battles in the literature today posit two central competing models of crime control. In one, the standard policing model, the government is responsible for the variety of acts that are necessary to deter and prosecute criminal acts. In the other, private self-help, public law enforcement is largely supplanted by providing incentives to individuals to self-protect against crime. There are any number of nuances and complications in each of these competing stories, but the literature buys into this binary matrix.

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Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire Jan 2005

Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire

Journal of Law and Health

Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating the problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who …

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Measuring Community Consensus In Facial Characterization Using Spatial Databases And Fuzzy Logic, James Lee Mastros Jan 2005

Measuring Community Consensus In Facial Characterization Using Spatial Databases And Fuzzy Logic, James Lee Mastros

Theses and Dissertations

Spatial databases store geometric objects and capture spatial relationships that can be used to represent key features of the human face. One can search spatial databases for these objects, and seek the relationships between them, using fuzzy logic to provide a natural way to describe the human face for the purposes of facial characterization. This study focuses on community perception of short, average, or long nose length. Three algorithms were used to update community opinion of nose length. All three methods showed similar trends in nose length classification which could indicate that the effort to extract spatial data from images …

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Al Capone's Revenge: An Essay On The Political Economy Of Pretextual Prosecution, Daniel C. Richman, William J. Stuntz Jan 2005

Al Capone's Revenge: An Essay On The Political Economy Of Pretextual Prosecution, Daniel C. Richman, William J. Stuntz

Faculty Scholarship

Most analyses of pretextual prosecutions – cases in which prosecutors target defendants based on suspicion of one crime but prosecute them for another, lesser crime – focus on the defendant's interest in fair treatment. Far too little attention is given to the strong social interest in non-pretextual prosecutions. Charging criminals with their "true" crimes makes criminal law enforcement more transparent, and hence more politically accountable. It probably also facilitates deterrence. Meanwhile, prosecutorial strategies of the sort used to "get" Al Capone can create serious credibility problems. The Justice Department has struggled with those problems as it has used Capone-style strategies …

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An Examination Of Police Service Deployment: Serious Property Crime, University Of Justice Center Jul 2004

An Examination Of Police Service Deployment: Serious Property Crime, University Of Justice Center

Series 3: Neighborhood Characteristics & Police Calls for Service (2004-2005)

This issue of Anchorage Community Indicators maps the rates by census block area and community council of Anchorage Police Department calls for service in 2003 for serious property crime in Anchorage.

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An Examination Of Police Service Deployment: Drug Offenses, University Of Justice Center Jul 2004

An Examination Of Police Service Deployment: Drug Offenses, University Of Justice Center

Series 3: Neighborhood Characteristics & Police Calls for Service (2004-2005)

This issue of Anchorage Community Indicators maps the rates by census block area and community council of Anchorage Police Department calls for service in 2003 for drug offenses in Anchorage.

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An Examination Of Police Service Deployment: Weapons Offenses, University Of Justice Center Jul 2004

An Examination Of Police Service Deployment: Weapons Offenses, University Of Justice Center

Series 3: Neighborhood Characteristics & Police Calls for Service (2004-2005)

This issue of Anchorage Community Indicators maps the rates by census block area and community council of Anchorage Police Department calls for service in 2003 for weapons offenses in Anchorage.

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An Examination Of Police Service Deployment: Serious Violent Crime, University Of Justice Center Jul 2004

An Examination Of Police Service Deployment: Serious Violent Crime, University Of Justice Center

Series 3: Neighborhood Characteristics & Police Calls for Service (2004-2005)

This issue of Anchorage Community Indicators maps the rates by census block area and community council of Anchorage Police Department calls for service in 2003 for serious violent crime in Anchorage.

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An Examination Of Police Service Deployment: Alcohol Offenses, University Of Justice Center Jul 2004

An Examination Of Police Service Deployment: Alcohol Offenses, University Of Justice Center

Series 3: Neighborhood Characteristics & Police Calls for Service (2004-2005)

This issue of Anchorage Community Indicators maps the rates by census block area and community council of Anchorage Police Department calls for service in 2003 for alcohol offenses in Anchorage.

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An Examination Of Police Service Deployment: Domestic Violence, University Of Justice Center Jul 2004

An Examination Of Police Service Deployment: Domestic Violence, University Of Justice Center

Series 3: Neighborhood Characteristics & Police Calls for Service (2004-2005)

This issue of Anchorage Community Indicators maps the rates by census block area and community council of Anchorage Police Department calls for service in 2003 for domestic violence in Anchorage.

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Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar May 2004

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …

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Vehicular Police Pursuits, Bradley B. Drayna Apr 2004

Vehicular Police Pursuits, Bradley B. Drayna

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

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Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham Apr 2004

Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham

Faculty Publications

As studies on racial profiling and biased policing have begun to proliferate, researchers are debating which benchmark is most appropriate for comparison with police traffic stop data. Existing benchmark populations, which include populations estimated from census figures, licensed drivers, arrestees, reported crime suspects, and observed drivers and traffic violators, all have significant limitations. This article offers a new, alternative benchmark for police traffic stops, a benchmark that has not been previously applied or tested in a racial profiling research setting. The analysis presented compares traffic observation data, gathered at selected, high volume intersections during an ongoing racial profiling study in …

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Alaska Justice Forum ; Vol. 21, No. 1 (Spring 2004), Myrstol A. N/A, Antonia Moras, Darryl S. Wood Feb 2004

Alaska Justice Forum ; Vol. 21, No. 1 (Spring 2004), Myrstol A. N/A, Antonia Moras, Darryl S. Wood

Vols 21-30 (2004-2014)

The Spring 2004 issue of the Alaska Justice Forum features articles on role of alcohol involvement in police patrol work, mentally ill inmates in U.S. and Alaska prisions, the state of state mental health funding to the Alaska Department of Corrections, and measures that can be used in examining effectiveness of alcohol control policies in Alaska.

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Personality Measurement In The Prediction Of Positive And Negative Police Officer Performance, Brian P. Enright Jan 2004

Personality Measurement In The Prediction Of Positive And Negative Police Officer Performance, Brian P. Enright

Dissertations

Police officer selection research has revealed a number of relationships between scores on psychological tests and performance on the job. Although a few of these predictor scales have been consistently linked with job performance, many still require further investigation. It was proposed that the personality scales most consistently linked to job performance concern two broad constructs including: (1) prosocial personality characteristics, and (2) level of psychological distress. Guided by findings from the police outcomes literature and research regarding the factor structure and intercorrelation of MMPI and CPI scales, it was proposed that Scales 4 and 9 from the MMPI and …

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Alaska Justice Forum ; Vol. 20, No. 3 (Fall 2003), Giblin N/A, N/A Uaa Justice Center Sep 2003

Alaska Justice Forum ; Vol. 20, No. 3 (Fall 2003), Giblin N/A, N/A Uaa Justice Center

Vols 11-20 (1994-2004)

The Fall 2003 issue of the Alaska Justice Forum focuses on public satisfaction in Anchorage related to public services and policing, with articles on results of a survey of Anchorage residents in relation to police performance, emergency medical services, public transportation, snow removal and schools; and further information on public satisfaction with Anchorage police derived from the Anchorage Adult Criminal Victimization Survey.

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Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence Jul 2003

Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence

Law and Contemporary Problems

No abstract provided.

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Drug Wars In Black And White, Joseph E. Kennedy Jul 2003

Drug Wars In Black And White, Joseph E. Kennedy

Law and Contemporary Problems

The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.

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Chicken Little, Three Blind Men And An Elephant, And “Racial Profiling”: A Commentary On The Collection, Analysis, And Interpretation Of Traffic Stop Data, Angela D. Crews Jan 2003

Chicken Little, Three Blind Men And An Elephant, And “Racial Profiling”: A Commentary On The Collection, Analysis, And Interpretation Of Traffic Stop Data, Angela D. Crews

Criminal Justice Faculty Research

This paper discusses the collection, analysis, and interpretation of police traffic stop data. The focus primarily is on the theoretical, statistical, and practical determination of whether law enforcement is engaging in “racial profiling.” One of the most controversial components of research in this area relates to the “baseline” or comparison group. Researchers struggle with determining whether agencies are engaging in “racial profiling” when making traffic stops without some measure of what the world would look like in the absence of “racial profiling.” We know what is, but how can we know what should be? A model is proposed that …

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War On Terrorism Or Global Law Enforcement Operation, Ronald J. Sievert Jan 2003

War On Terrorism Or Global Law Enforcement Operation, Ronald J. Sievert

Notre Dame Law Review

No abstract provided.

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An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …

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Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer Jan 2003

Drug And Alcohol-Related Workload Of Anchorage Patrol Officers: Results From Two Patrol Officer Surveys, Brad A. Myrstol, Matthew Giblin, N. E. Schafer

Reports

It is widely agreed among criminal justice professionals that alcohol and illegal drugs play a role in patterns of crime, but not much is known about how these substances influence the operation of criminal justice agencies, particularly in the area of policing. This report summarizes the findings of a study of the extent to which drug and alcohol-related incidents formed the workload of Anchorage Police Department patrol officers. The study consisted of two surveys, the first of which asked APD patrol officers to provide their best estimate of the amount of time they spent dealing with alcohol and drug-related activities, …

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Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman Jan 2003

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

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