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The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein

Vanderbilt Journal of Transnational Law

This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …

Higher Education In Law Enforcement And Perceptions Of Career Success, Domenick R. Varricchio

Seton Hall University Dissertations and Theses (ETDs)

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Contesting Government's Financial Interest In Drug Cases, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In 1984, the civil asset forfeiture law was amended to allow the U.S. Department of Justice (DOJ) and state law enforcement agencies to retain many of the "drug-related assets" they seize for their own law enforcement purposes. Under this amendment, some local law enforcement agencies have managed to double or triple their appropriated budgets by targeting such assets. As former Attorney General Richard Thornburgh has noted, "it's now possible for a drug dealer to serve time in a forfeiture-financed prison after being arrested by agents driving a forfeiture-provided automobile while working in a forfeiture-funded sting operation." The American people, however, …

Alaska Justice Forum ; Vol. 15, No. 2 (Summer 1998), Moras N/A, N/A Bureau Of Justice Statistics

Vols 11-20 (1994-2004)

No abstract provided.

Probing Probation : Issues Of Gender And Organisation Within The Probation Service, Jill Annison

School of Law, Humanities and Social Sciences Theses

This study focuses on the probation service and the changes that are impacting on this part of the criminal justice system. It develops a theoretically distinctive approach, drawing on the literature of gender and organisations, in order to investigate issues relating to the organisational structures and processes experienced by male and female probation officers in three disparate probation areas in England. The opening two chapters examine the development of the organisation in terms of the hierarchical roles within the service and the gendered distribution of probation officer staff across the various grades. This review provides a unique understanding of the …

Policing For Profit: The Drug War’S Hidden Economic Agenda, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In the following pages, we first describe in more detail how the Drug War’s financial largess has kept its soldiers in business. We then discuss the destructive impact of this economic regime, marshaling evidence to show that the corruption of law enforcement priorities and wholesale miscarriages of justice can be attributed to the operation of these incentives. Finally, we explore potential legal and legislative remedies through which law enforcement may regain its bearings.

Our investigation focuses on the economic underpinnings of current drug law enforcement policy. Drug policy also raises an extraordinarily broad range of moral, health, and criminological concerns, …

Alaska Justice Forum ; Vol. 14, No. 2 (Summer 1997), Moras N/A, John Riley

Vols 11-20 (1994-2004)

The Summer 1997 issue of the Alaska Justice Forum examines community policing — an approach that relies on officer-initiated efforts to reduce crime and public disorder — and the Anchorage Police Department’s attempt to implement community policing in the Mountain View neighborhood of north Anchorage. Dr. Robert H. Langworthy has accepted the position of Director of the Justice Center at University of Alaska Anchorage.

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant

Law Faculty Scholarship

Crime control through law enforcement is generally considered to be a two-part process of appre­hending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harass­ment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …

Testilying: Police Perjury And What To Do About It, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …

Alaska Justice Forum ; Vol. 13, No. 1 (Spring 1996), Lerman N/A, N/A Bureau Of Justice Statistics, N/A National Institute Of Justice, N/A Uaa Justice Center

Vols 11-20 (1994-2004)

The Spring 1996 issue of the Alaska Justice Forum presents an account based on historical research of the trial and execution for murder of a Native fisherman, Nelson Charles, in Juneau in 1939 — one of the last executions in Alaska, which abolished the death penalty in 1957. The Bureau of Justice Statistics reports on capital punishment in the U.S. in 1994, during which 13 states executed 31 prisoners. The second of two articles on the village component of a statewide public safety project conducted in 1994 by the Justice Center for the Alaska Department of Public Safety focuses on …

Alaska Justice Forum ; Vol. 12, No. 4 (Winter 1996), Bureau Of Justice Statistics, N. E. Schafer, Melissa S. Green

Vols 11-20 (1994-2004)

The Winter 1996 issue of the Alaska Justice Forum presents the first of two articles examining results of the village component of a statewide public safety project conducted by the Justice Center for the Alaska Department of Public Safety, in which researchers interviewed residents and officials of 28 Alaska villages on characteristics, government, and social control in predominately Alaska Native villages. The Bureau of Justice Statistics reports on the growing U.S. prison population, which increased 8.8 percent between mid-1994 and mid-1995; a sidebar story compares Alaska with states of similar population in an effort to understand the disparity in its …

The Use Of Mmpi Lie Scale Scores In The Selection Of Law Enforcement Personnel, Van-Lear Philip Eckert

Theses

The present study was designed t o determine if scores of seven or more on the Minnesota Multiphasic Personality Inventory (MMPI) Lie-scale (L) resulted in a law enforcement applicant not being hi red as a police officer . The subjects in this study were 66 applicants to police departments in the St . Louis, MO area . All of the subjects completed the MMPI as part of a preemployment psychological evaluation . The efficacy of utilizing the MMPI in law enforcement screening procedures is discussed. The legal responsibilities of police departments in relation to preemployment psychological assessment are also analyzed. …

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

American Indian Law Review

No abstract provided.

Alaska Justice Forum ; Vol. 11, No. 4 (Winter 1995), Carrie D. Longoria, N/A Bureau Of Justice Statistics, Andrea M. Fenaughty, Holly A. Massey, Dennis G. Fisher

Vols 11-20 (1994-2004)

The Winter 1995 issue of the Alaska Justice Forum examines the implementation of Anchorage Police Department’s domestic violence policy, which treats domestic violence cases as criminal offenses and reflects consistent concern for victim safety. During 1993, according to the Bureau of Justice Statistics, 38 men were executed in the U.S.; at year’s end, 34 states and the federal prison system held 2,716 prisoners under sentence of death, 5.3 percent more than at yearend 1992. As part of an national five-year study of drug users, AIDS, and HIV, researchers at the University of Alaska Anchorage have assembled data measuring the risk …

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.

Domestic Abuse Laws, William R. Strong

Brigham Young University Prelaw Review

This paper discusses legal issues regarding domestic violence in the United States. First, it includes a brief legal history of domestic violence and its legal emphasis in the past. It also notes problems today. Second, it documents positive changes which have taken place in both laws and enforcement. Finally, it discusses possible solutions for further protection.

New York's Loyalty To The Spirit Of "Miranda": Simply The Best For Twenty-Five Years, Lorraine J. Adler

Vanderbilt Law Review

The landmark Supreme Court decision Miranda v. Arizona, recognized a defendant's right to be informed of the rights guaranteed by the Fifth Amendment's self-incrimination clause, including the right to counsel. The Miranda Court realized that a suspect may feel compelled to waive his Fifth Amendment privilege while in official detention. The Court held that the police must read the now-familiar warnings to a subject in custodial interrogation before he can waive his rights. Therefore, the Court in Miranda chose to strike the balance between effective law enforcement and protecting a subject's constitutional rights at the point of informing the subject …

North Slope Department Of Public Safety Community Survey, University Of Alaska Anchorage Justice Center

Reports

This report presents the results of a public opinion survey of North Slope Borough residents conducted in summer 1993 regarding crime and public safety issues and attitudes toward and satisfaction with the North Slope Borough Department of Public Safety. The survey comprised a fifty-seven item questionnaire which was administered to 165 residents of the North Slope communities of Point Hope, Point Lay, Kaktovik, Anaktuvuk Pass, Wainwright, Nuiqsut, Atqasuk, and Barrow. Some conclusions can be drawn from the data; however, because the overall number of responses is low, individual figures should be viewed with caution.

Policing The Arctic: The North Slope Of Alaska, John E. Angell, Lawrence C. Trostle

Conference papers

Geographic size and lack of roads, among other factors, contribute to unique difficulties in providing effective law enforcement and public safety services to residents of the North Slope Borough of Alaska. Despite comprehensive plans laid in the mid-1970s, the North Slope Borough has not been successful in implementing a broad, multicultural community public safety organizational design. The more traditional professional law enforcement agency which has evolved is perceived by some people as having community and employee relations problems. This paper provides a brief history of law enforcement on the North Slope and presents selected data from a 1993 survey of …

Notes From California: Rodney King And The Race Question, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Alaska Justice Forum ; Vol. 9, No. 4 (Winter 1993), A. B. Dellinger, N. E. Schafer, N/A Bureau Of Justice Statistics, John E. Angell, Roger C. Miller

Vols 01-10 (1977-1994)

The Winter 1993 issue of the Alaska Justice Forum examines evidence from the discontinued Alaska Pretrial Intervention Program (PTI), as a basis for discussing new alternatives to incarceration in a time of crowded prisons and a runaway corrections budget. The Bureau of Justice Statistics describes drug enforcement and treatment methods being used in federal and state prisons in the U.S. Community policing as an alternative to traditional urban policing methods is examined.

The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay

Research Collection Yong Pung How School Of Law

Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.

Justice Data Base Directory, Moras N/A, Alaska Justice Statistical Analysis Unit

AJSAC reports

The Justice Data Base Directory, first published in 1988 with new chapters added annually through 1992, presents information about the primary databases maintained by Alaska justice agencies and the procedures to be followed for access to the data. Its availability should substantially reduce the work required to identify the sources of data for research and policy development in law, law enforcement, courts, and corrections. The 1992 update to the directory adds five chapters, for a total of 27 Alaska agencies whose justice-related data holdings are described: Alaska Court System; Alaska Judicial Council; Alaska Commission on Judicial Conduct; Alaska Department of …

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …

When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey

Faculty Articles

Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.

By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …

The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley

Scholarly Works

Any inquiry into the merits of an international criminal court must start with resolving three basic issues:

1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?

2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?

3. Will the recommended system improve efficiency …

Alaska Criminal History Record Information: A White Paper, Lawrence C. Trostle

Reports

In their Statutory Recommendations submitted in 1989 to the Alaska Department of Public Safety, SEARCH Group, Inc. recommended that the Alaska Public Safety Information Network (APSIN) be expanded to capture and report 18 additional events to improve Alaska criminal history record information (CHRI). This paper examines the viability of including the proposed 18 events in Alaska CHRI, and suggests a distributed data tracking system using the Arrest Tracking Number (ATN) to interface between APSIN and other Alaska justice system databases as the best and most economical means of improving Alaska CHRI. Appendices include the SEARCH report and other information bearing …

Alaska Justice Forum ; Vol. 7, No. 3 (Fall 1990), Trostle C. N/A, N/A Bureau Of Justice Statistics, Lisa Rieger

Vols 01-10 (1977-1994)

The Fall 1990 issue of the Alaska Justice Forum presents findings from a report on the progress of Los Angeles Police Department in actively recruiting women and minorities in response to a 1980 federal consent decree mandating changes in its recruitment, selection, training, and employment practices. The Bureau of Justice Statistics reports statistics on criminal victimization for 1989 from the National Crime Survey, which measures personal and household offenses, including crimes not reported to police. The Alaska Sentencing Commission, created to evaluate Alaska’s sentencing laws and practices and to recommend improvements, begins its work.