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Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, Falco Anthony Muscante Ii

University of Miami Race & Social Justice Law Review

When Derek Chauvin knelt on George Floyd’s neck for more than nine minutes, and when Jason Van Dyke fired sixteen rounds at Laquan McDonald who was walking away from the responding officers, were Chauvin and Van Dyke acting exclusively of their own volition, or were their actions indicative of a deeper, systemic issue? Nearly 60% of law enforcement officers enjoy collective bargaining protections from their police unions, but these protections create a lack of accountability.

Police unions can bargain collectively with police departments because of state legislation, which typically allow for negotiation over matters affecting wages, hours, and terms and …

Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership, Beth Caldwell

Washington Law Review

The “gang” label has been so highly racialized that white people who self- identify as gang members are almost never categorized as “gang members” by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are labeled gang members, yet this two-track system is justified under the guise that the racially disparate treatment is legitimate because of gang association.

This Article takes one concrete example—culturally specific tattoos—and unmasks how racial markers are used to attach the gang label. Specifically, …

Implementing Nims: Lessons Learned From The Boston Marathon Bombing, James M. Duggan, John Petrozzelli, Jay Slattery

Journal of Strategic Security

Many opportunities to learn from the 2013 Boston Marathon bombing have not been capitalized on. The terrorist attack was launched in the heart of Boston, a densely populated urban area with a population of approximately 670,000. Those numbers are amplified by the hundreds of thousands of spectators that line the streets along the Marathon route, with most at the finish line on Boylston Street. Two pressure cooker bombs were detonated in the finish line area, killing three and injuring 264. Among the injured were 16 who suffered traumatic amputations. Numerous reviews of the response and investigation identified positive aspects to …

Pathways To Success: Unleashing Experiential Learning In Higher Education For Aspiring Law Enforcement Professionals, Leonard A. Averhoff

Seton Hall University Dissertations and Theses (ETDs)

This generic qualitative inquiry (GQI) explores experiential learning in higher education for students interested in law enforcement careers. Through interviews and focus group discussions, the study aimed to uncover insights into the perceptions and experiences of students engaging in a university student security program (USSP). The USSP allows full-time students to work as uniformed, unarmed paid employees of the university’s police department providing various law enforcement type functions. The research identified five themes that emerged from the data analysis: exposure, career development, training, leadership, and personal growth.

The theme of exposure highlighted the importance of hands-on learning, allowing students to …

Breaking Down Bias: A Comparative Analysis Of General Public And Police Officer Attitudes Toward Mental Illness And Officer Decision-Making In Mental Health Crises, Therese L. Todd

Dissertations, Theses, and Capstone Projects

Police responses to persons with mental illness (PMIs) compared to those without appear to be more likely to result in negative outcomes, underscoring the importance of understanding these interactions and the factors that may influence them. Relatively little research has examined officer attitudes toward mental illness, and no study has examined implicit bias toward mental illness among police officers or how police culture may impact outcomes in mental health crises. The present study sought to: 1) measure explicit and implicit bias toward PMIs among the general public and police officers to understand how these constructs may vary among these populations; …

Exploring And Evaluating The Effectiveness Of Greeley’S Mental Health Co-Responder Program And “Squad 1”, Mikelle Angiuli

Master's Theses

Law enforcement officers are often the de facto emergency response for mental health crises despite having little to no mental health training. With nearly 20% of U.S. adults reporting experiencing a mental illness and recent police reform movements bringing attention to alternative policing practices and policies, there is arguably a need for comprehensive mental health treatment and emergency response in the U.S. (Mental Health America, n.d.). The cities of Greeley and Evans, Colorado have implemented a mental health co-responder program that involves individual mental health clinicians and a mental health ambulance, Squad 1, responding alongside police on mental health calls …

The Future Of Deep Fakes: Analyzing The Potential Future Consequences Of The Widespread Use Of Deepfakes On The Policing Sector, Maryam Salem Alshamsi

Theses

In today’s world there is a growing uncertainty in terms of the truthfulness of what we see and hear. People digest a great amount of information throughout the day using their devices, yet the quality and credibility of content is in question. People question if we are experiencing and perceiving the same reality at this point. This issue is not novel, however, it has progressed and developed to a level of realism that deceives people and affect their comprehension of information. Rapid technological advancement has raised the concern of what is referred to as “Deepfakes”, a machine learning technique that …

The Utilization Of Employee Assistance Programs In Law Enforcement: Breaking The Stigma, Kristi Lynn Shalton

Doctoral Dissertations and Projects

The purpose of this grounded theory study is to not only describe and understand what current resources exist for officers after experiencing a critical incident during the course of their job duties and responsibilities, but to also develop an understanding of their unique needs and how the stigma that often coincides with the desire to ask for assistance from such resources, affects officer mental health and wellness and ultimately, their ability to effectively and efficiently do their job. The theory guiding this study is grounded theory, a methodology first used in the 1960s by Glaser and Strauss, which incorporates interactionism …

Leadership In A Military Criminal Investigative Organization: Perceptions Of Authentic Leadership Among Special Agents, Precious Jeanbatiste

Doctoral Dissertations and Projects

Genuine, effective leadership in law enforcement establishes the climate of the organization. Scholars have comprehensively explored the influence of different leadership styles in various criminal justice organizations from multiple facets; however, minimal information exists about how authentic leadership is perceived by special agents assigned to a military criminal investigative organization. This qualitative phenomenological study will provide an increased understanding of authentic leadership from the perspective of special agents assigned to the Criminal Investigation Division (CID), the U.S. Army's primary criminal investigative organization, and the Department of Defense's (DoD) premier investigative organization. The researcher will use a qualitative research design to …

Internal Perceptions: A Look At The Fayetteville Police Department's Partnership With Social Workers, Melissa Gute

Graduate Theses and Dissertations

The development of co-response models where law enforcement partner with social workers or mental health clinicians to respond to individuals in mental health crises or with other social needs is on the rise throughout the United States. The Fayetteville, AR Police Department (FPD) developed their program with a University of Arkansas School of Social Work (UA) intern in 2021. The newly created Crisis Intervention Response Team (CIRT) now has two full-time, two-person co-response teams along with two social work interns and has plans for growth. This study looks at FPD sworn and civilian employees’ perceptions of embedding social workers/advocates into …

The Perceived Needs Of First Responders To Identify And Support Sex Trafficking Victims: A Case Study, Raja Kumar

Graduate Theses and Dissertations

Researchers have found that sex trafficking in the 21st century is a growing human rights atrocity. This qualitative case study investigates law enforcement professionals’ perceived needs as first responders to identify and support sex trafficking victims. Specifically, this study examines resources, training, and support that they perceive to be critical to their success. The primary research question that guides this study is what do first responders need to identify and support sex trafficking victims? To answer this question, the following sub-questions facilitate the inquiry: A) What resources do law enforcement professionals need to identify and support victims of sex trafficking? …

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …

Law Enforcement Officers And The Domestic Violence Advocacy Referral Process, Aaron Allen Cubbage

Doctoral Dissertations and Projects

Domestic violence incidents impact the daily activities of the law enforcement agencies responsible for responding to these calls for service. Legislators and law enforcement leaders have expended countless hours, staffing, and finances to adequately protect the victims of domestic violence. In Virginia, an essential component of protecting victims of domestic violence involves the referral process, used by law enforcement officers to connect victims of domestic violence to domestic violence advocacy groups. The Code of Virginia and law enforcement agencies receiving accreditation through the Virginia Law Enforcement Professional Standards Commission (VLEPSC) require these referrals. There is available research regarding the referral …

Faithful Execution In The Fifty States, Zachary S. Price

Georgia Law Review

Amid heightened political conflict over criminal-justice policy, norms surrounding prosecutorial discretion have shifted rapidly. Under the prior mainstream approach, prosecutors exercised broad charging discretion, but generally did so tacitly and in case-by-case fashion out of deference to statutory law’s primacy. Under an emerging alternative approach, associated for the moment with progressive politics, prosecutors categorically and transparently suspend enforcement of laws they consider unjust or unwise. The federal government under President Obama employed this theory in high-profile policies relating to marijuana crimes, as well as immigration and the Affordable Care Act. More recently, a number of self-described “progressive prosecutors” have employed …

Law Enforcement’S Use Of Social Media: It Is More Then Just A Post, Brad Litke

Master of Arts in Criminal Justice Leadership

Social media has become a preferred way to communicate for many and can be a look into the user’s personal life. However, law enforcement also knows this. Law enforcement’s use of social media for investigations has been proven to be effective in monitoring gatherings and helping to solve crimes. While legal, law enforcement also has an ethical responsibility to the community and have strong policies in place to prevent misuse of this tool. This is not the only use of social media by law enforcement. Social media is also used to interact with the community. Reviewing the good and bad …

Culture Of Wellness Toward Resiliency, Shelby Stemig

Master of Arts in Criminal Justice Leadership

Stress and burnout are increasingly prevalent amongst law enforcement officers and civilian staff due to job demands and job-related traumas. A culture of wellness planning is how administrations can build resiliency against stress and burnout. A wellness plan should emphasize organizational responsibility, officer responsibility, formal and informal leadership, and external collaborations. Agencies can also utilize the same cognitive behavioral therapies that supervised release agents find beneficial for clients. There are great similarities between the utilization of cognitive behavioral interventions, evidence-based models, and thought behavioral links between supervised release clients and law enforcement staff members. Often, cognitive behavioral therapies are used …

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee

Journal of the National Association of Administrative Law Judiciary

While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.

Persons In Crisis: Law Enforcement's Response To Mental Health Calls, Sean Farnham

Master of Arts in Criminal Justice Leadership

This research paper provided insight and the history surrounding the mental health epidemic in the United States, the burden that is placed upon the law enforcement profession and offered strategies to address to the problem. The paper offered suggestions on how the various strategies can be implemented within a law enforcement organization, considering funding, personnel, and policy and procedure. The paper offered research surrounding several response methods for law enforcement to utilize when responding to calls involving mental health factors, the ethics concerns surrounding the response methods, and offered suggestions on how organizations can begin to implement new response methods …

National De-Escalation Training Center - Year 1 In-Person Data Archive, Morgan Steele

Criminal Justice Research Data

This dataset includes the demographics, education, perceptions, and assessment of de-escalation skills of law enforcement officers, and other professionals, which were collected as a part of in-person de-escalation training. Many of these trainings were funded as a part of the Office of Community-Oriented Policing Services (U.S. Department of Justice). All of the data is anonymous, and can be linked based on the trainee generated identification number. This data was collected across three separate activities. The first was a pre-training survey that included questions about the trainees' demographics, perceptions, and experiences, and was collected via a Qualtrics survey link. The second …

Strengthening Policies And Structures To Combat Illicit Tobacco Trade In The Philippines, John Rafael Y. Arda, Alen Josef A. Santiago

Ateneo School of Government Publications

The Philippines has been seeing an increase in illicit tobacco trade in recent years, undermining the impacts of legal measures such as tobacco products' taxation and regulation due to circumvention of established avenues and costing the government its revenue. Currently, the country has twelve policies related to the prevention of illicit tobacco trade with gaps identified in its lack of licensing systems for tobacco retailers and policies on law enforcement cooperation, which manifests in the country being fully compliant to only 5 of the 16 articles under the World Health Organization's Illicit Tobacco Trade Protocol. It is recommended that the …

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Martin Luther King Jr.: Legal And Moral Gatekeeper Rights, James B. Taschner

Western New England Law Review

America is more politically divided than ever, especially regarding issues of racial justice. In the wake of the 2020 George Floyd protests, many people became politically active and began speaking out who had previously remained on the sidelines. But joining the conversation on race in America comes with criticism from all sides. Using the case example of Justin Bieber and his 2021 album Justice, which uses audio recordings of Martin Luther King, Jr.’s most famous speeches, this article will explore the question of who has a claim to MLK’s legacy. Criticized and praised for his use of MLK’s words and …

Stories Of Midwest Higher Education Public Safety Administrators, The Clery Act, And Keeping Campuses Safe, Bryant Jackson

Dissertations and Theses

The purpose of this narrative inquiry qualitative analysis study is to examine the lived experiences of Midwest higher education public safety administrators regarding the Clery Act. Since 1990 when the Clery Act became law, higher education public safety administrators have been required to implement this law at their institutions. While research on the Clery Act has been limited, it is critical to examine the lived experiences of those tasked with its implementation and compliance. Three themes were identified when examining the lived experiences of the Midwest public safety administrators experiences with the Clery Act. The first theme explored overall impressions …

Prior Parental Incarceration And The Impact Towards Attitudes About Law Enforcement As Adults, Jennifer Spencer

Undergraduate Honors Theses

The number of incarcerations has been climbing drastically, especially in the United States. A forgotten minority which remains understudied is those children of incarcerated individuals. Many studies have found parental separation to be associated with problematic behavior in children. However, little to no information is known on the attitudes of offspring of incarcerated people toward law enforcement and the police. The current study examined just this, researching children of incarcerated parents’ attitudes towards legitimacy and confidence in the police during adulthood. Participants (N = 55) were undergraduate students at a small university who gained extra credit for voluntary participation. …

A Comparative Analysis Of The Quality Of Homicide Evidence Provided To Law Enforcement, Reilly Calloway

Theses

The present study investigated the perceived quality of homicide evidence provided to law enforcement by the coroner versus medical examiner systems. Respondents (N=15) from county law enforcement agencies in three different Southeastern states that utilize either the coroner, medical examiner, or combination of both systems were presented with a 17-question virtual survey that included questions regarding personal background, educational background, employment history, knowledge of the medical examiner versus coroner systems, and personal experience with one or both systems involving homicide investigations. Participants who resided in the state that utilizes the medical examiner system reported mostly negative feedback regarding the collection, …

Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown

Washington and Lee Journal of Civil Rights and Social Justice

The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …

African American Mothers’ Perceptions Of Trust Of Law Enforcement, Caisha Wilkes

Walden Dissertations and Doctoral Studies

AbstractFor many years, African American mothers have endured negative experiences with law enforcement (LE) involving themselves, their children, or both. These personal experiences with LE contribute to the lack of trust African American mothers have in LE. The purpose of this study was to explore African American mothers’ perceptions of LE in terms of trust. Social conflict theory was used as the conceptual framework for this study. Eight African American mothers residing in the United States were recruited by means of snowball sampling to participate in semistructured interviews. The resulting interview transcripts were coded via the six-steps method, and the …

The Law Enforcement Lobby, Stephen Rushin, Zoe Robinson

Faculty Publications & Other Works

The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby operates largely without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that often institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the …

Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks

Washington and Lee Law Review

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …

Law Enforcement Leaders’ Perceptions Of The Attributes Of Emotional Intelligence, Gordon A. Broussard

Walden Dissertations and Doctoral Studies

AbstractAlthough there have been numerous studies conducted on emotional intelligence and effective leadership, there is a need for increased emotional intelligence among law enforcement leaders. This study aimed at determining how law enforcement leaders perceive the importance of emotional intelligence attributes when leading their organization. A phenomenological qualitative study was used with purposive and snowball sampling of 12 participants who held senior leadership positions for over five years as chiefs and sheriffs throughout the United States. Semistructured interviews were conducted to determine participants’ perceptions of the importance of the four attributes of emotional intelligence: self-awareness, self-management, social awareness, and relationship …