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A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Faculty Publications

No abstract provided.

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …

From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt

Faculty Scholarship

Criminal law in the United States experienced radical change during the course of the twentieth century. The dawn of the century ushered in an era of individualization of punishment. Drawing on the new science of positive criminology, legal scholars called for diagnosis of the causes of delinquency and for imposition of individualized courses of remedial treatment specifically adapted to these diagnoses. States gradually developed indeterminate sentencing schemes that gave corrections administrators and parole boards wide discretion over treatment and release decisions, and by 1970 every state in the country and the federal government had adopted a system of indeterminate sentencing. …

Developing A Support-Based Program To Decrease The Complaints Of Racial Profiling In The Miami-Dade Police Department, Richard E. Holton

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to focus on the problem that African American citizens are complaining about being stopped and detained unnecessarily by police officers and treated unfairly for no apparent reason in Miami-Dade County. National police organizations, special interest groups, and local citizens have defined this action as Racial Profiling or Driving While Black (DWB). The Miami-Dade County Commission adopted a resolution prohibiting racial profiling; however this problem continues to exist. Minorities have argued in town hall meetings and filed complaints, indicating that the criminal justice system has been insensitive to what appears to be a system that supports …

Penalty Enhancement For Hate Crimes: An Economic Analysis, Dhammika Dharmapala, Nuno Garoupa

Economics Working Papers

The issue of bias-motivated crimes has attracted consderable attention in recent years. In this paper, we develop an economic framework to analyze penalty enhancements for bias-motivated crimes. We extend the standard model by introducing two different groups of potential victims of crime, and assume that a potential offender's benefits from a crime depend on the group to which the victim belongs. We begin with the assumption that the harm to an individual victim from a bias-motivated crime is identical to that from an equivalent non-hate crime. Nonetheless, we derive the result that a pattern of crimes disproportionately targeting an identifiable …

Officer Drug- And Alcohol-Related Workload Daily Activity Log: User's Guide, Brad A. Myrstol

Reports

This guide provides instructions to officers of the Anchorage Police Department for recording daily log forms as part of a study of the extent to which Anchorage patrol officer activities are the result of, or are in some way associated with, drugs and/or alcohol. Data collection was conducted over a seven-day period in August 2002.

Alaska Justice Forum ; Vol. 19, No. 2 (Summer 2002), Uaa Justice Center

Vols 11-20 (1994-2004)

The Summer 2002 issue of the Alaska Justice Forum features articles on community-oriented policing services-in Alaska, children of incarcerated parents, and correctional populations in 2001.

The Fourth Amendment In The Twenty-First Century: Technology, Privacy, And Human Emotions, Andrew E. Taslitz

Law and Contemporary Problems

Police and local political officials in Tampa FL argued that the FaceIt system promotes safety, but privacy advocates objected to the city's recording or utilizing facial images without the victims' consent, some staging protests against the FaceIt system. Privacy objects seem to be far more widely shared than this small protest might suggest.

Fighting The War On Drugs In The Twenty-First Century: A Prosecutor's Perspective, William H. Ryan Jr.

Villanova Law Review (1956 - )

No abstract provided.

A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii

Oklahoma Law Review

No abstract provided.

Encoding Of Face Categories In Short-Term Memory : Do Racial And Emotional Shifts Show A Release From Proactive Ibhibition [Sic]?, Brent M. King

Theses and Dissertations

No abstract provided.

Mobile Computing & Law Enforcement: An Examination Of Its Application In The Field And Its Consequences, Lanny Lockhart Jr

Theses

The following study has been conducted in the pursuit of a Masters Degree of Science in Information Technology. The functional purpose of this study was to examine three basic concepts (officer efficiency, safety, and arrest rates) within law enforcement and to attempt to determine if a specific type of information technology (wireless data computers) has had any positive impact on those concepts. To that end, the author has reviewed the history of technology in law enforcement and surveyed a group of patrol officers in the Wilmington Police Department. Difficulties associated with gathering research data from law enforcement agencies has also …

Development Of A Curriculum For Mercyhurst North East Students Enrolled In Technology Crime Classes, Art Amann

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was that adult students engaged in law enforcement work were not receiving adequate education and training regarding technology crime. Information received by way of input from regional police chiefs and other criminal justice administrators supported this premise. The purpose of this study was to develop a curriculum for technology crime that would be available to criminal justice students at Mercyhurst College North East. The two research questions were: "What are the appropriate and valid criteria for the development of a curriculum for criminal justice technology training?", and "What are the valid and appropriate components and delivery …

Mapping Sex Offender Addresses: The Utility Of The Alaska Sex Offender Registry As A Research Data Base, Richard W. Curtis, Maurice Godwin, Robert H. Langworthy, N. E. Schafer

Reports

The registration of sex offenders was part of a national effort to enhance public safety by permitting law enforcement officials to track the location of convicted sex offenders after their release. All fifty states have enacted legislation requiring persons convicted of various sex-related offenses to register with law enforcement agencies; many states also grant public access to all or a portion of their registries. This document reports on the Alaska Statistical Analysis Center's efforts to improve data accuracy in the Alaska Sex Offender Registry, maintained by the Alaska State Troopers, and to assess the registry's utility as a research tool.

Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero

Faculty Publications

As the philosophy of policing moves from a traditional to a community-oriented approach, performance measures must shift as well. Unlike the typical police performance measures of arrest and crime rates found in traditional police philosophies, community-oriented policing performance measures are more general and tend to measure the extent to which police affect the quality of life in the communities they serve as well as the problems they solve. This manuscript begins the process of developing effective community policing performance measures and presents three case studies through which objectives and performance measures are conceptualized.

Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez

Kentucky Law Journal

No abstract provided.

"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman

Faculty Scholarship

With each report of violent crime statistics (whether rising or falling) or of the latest firearms outrage, we hear the antiphony of the gun control debate. Advocates of increased federal regulation decry the inadequacies of a regime that permits relatively free access to firearms and argue that the availability of guns is itself a spur to more deadly violence. Advocates of minimal regulation, for their part, condemn measures that, they say, will primarily penalize law-abiding citizens, and instead call for more vigorous enforcement of existing laws, targeting "criminals," not their weapons. When the antiphony intrudes on funerals, the effect can …

The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In passing the Civil Asset Forfeiture Reform Act of 2000, Congress instituted some badly needed reforms to a system that had spawned a good deal of governmental abuse, media investigation, and popular outrage. Unfortunately, however, CAFRA does not address the aspect of asset forfeiture law that is perhaps most responsible for fueling overzealous, sometimes lawless use of the forfeiture power: federal forfeiture law continues to authorize law enforcement agencies to retain the drug-related assets they seize for their own use, and many state laws do as well. With facilities, cruisers, computer and other equipment, salaries and positions sometimes dependent on …

Mediating Citizen Complaints Against The Police: An Exploratory Study , Samuel Walker, Carol Archbold

Journal of Dispute Resolution

This article examines the subject of mediating citizen complaints against the police. It reviews the history of citizen complaints, presents data on existing police complaint mediation programs, and discusses the potential contributions of mediation to police accountability.

Alaska Justice Forum ; Vol. 17, No. 2 (Summer 2000), Wood S. N/A, Sharon Araji

Vols 11-20 (1994-2004)

The Summer 2000 issue of the Alaska Justice Forum features findings from a study of officer turnover in Alaska's Village Public Safety Officer (VPSO) program, a review essay of the book "A Natural History of Rape" by Randy Thornhill and Craig T. Palmer, and national data on rape rates in the U.S. from 1973 to 1999 based on figures from the National Crime Victimization Survey (NCVS).

Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder

Animal Law Review

Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.

Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate

Faculty Publications

"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …

Law And Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community Relations?, William J. Bratton, Andrew G. Celli, Paul Chevigny, Johnnie L. Cochran

Fordham Urban Law Journal

This roundtable discusses crime reduction and police-community relations. Professor Chevigny asserted that violation of rights is an unacceptable trade-off for more effective law enforcement and advocated problem-solving policing. Commissioner Bratton discussed the compatibility of civil liberties and civil police and his work as commissioner. Attorney Lynch discussed the federal government's role in handling law enforcement as it relates to community relations by discussing the cases the federal government handles and the federal government 's powers and abilities in this area. Mr. Celli discussed the Attorney General Office's study of the New York City Police Department, theories behind the New York …

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt

Faculty Scholarship

The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …

Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert

Faculty Publications

To make unbiased decisions about whether to pursue a fleeing vehicle, officers must understand both the costs and the potential benefits of a pursuit. This manuscript describes an approach that identifies and assesses the impact of pursuit characteristics on pursuit costs. Data from official pursuit forms generated by officers in the Miami-Dade police department were used as a basis of the study. Log-linear models were used to identify direct and interactive effects of the pursuit characteristics. Upon finding significant effects, odds ratios were calculated. The findings indicate that there are certain pursuit characteristics, including number of units and speed, that …

Adjustment Of Status For Alien Material Witnesses: Is It Coming Three Years Too Late?, Christina M. Ceballos

University of Miami Law Review

No abstract provided.

Protecting Privacy On The Front Page: Why Restrictions On Commercial Use Of Law Enforcement Records Violate The First Amendment, Jason L. Cagle

Vanderbilt Law Review

An individual is involved in an automobile accident and is arrested for driving under the influence. A few days after being re- leased, he receives several letters in the mail. One is from a chiropractor offering services to treat his injuries. Another is from an alcohol abuse treatment center. Yet another is from an attorney who defends traffic offenses. Each of the solicitors obtained the individual's name and address from publicly available records concerning the incident. The letters are truthful and not misleading, but utilize publicly available information for purely commercial purposes at the expense of the individual's privacy.

Several …

Comparison Of Cost And Selected Characteristics Of Police Services In Onondaga County, Syracuse University. Maxwell School. Community Benchmarks Program

Community Benchmarks Program

This study is intended to aid government officials and the public by comparing the cost and selected characteristics of 16 law enforcement departments in Onondaga County, excluding coverage provided by the New York State Police. This report is part of the ongoing research activities of the Community Benchmarks Program (CBP) at Syracuse University’s Maxwell School of Citizenship and Public Affairs.

Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii

Fordham Urban Law Journal

This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …