Digital Commons Network^™

Police Training As An Instrument Of Accountability, David A. Klinger

Saint Louis University Public Law Review

No abstract provided.

The Numbers Dilemma: The Chimera Of Modern Police Accountability Systems, James F. Gilsinan

Saint Louis University Public Law Review

No abstract provided.

One More Good Reason For In-Car Videotaping Of Traffic Stops: An Accurate Assessment Of "Consent", Robert L. White

University of Michigan Journal of Law Reform Caveat

There are a number of reasons why legislative reform mandating the use of in-car cameras in police cruisers would benefit the criminal justice system in Illinois. In-car cameras provide evidence for cases involving traffic violations or intoxicated motorists. They produce instantly available training materials. They also assist victims of police misconduct, as well as officers defending themselves against misconduct claims. This Comment looks to add to this list of benefits the role in-car cameras can play in assessing the validity of consents to search that officers obtain during traffic stops.

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Reviews

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.

Institutionalizing Police Accountability Reforms: The Problem Of Making Police Reforms Endure, Samuel Walker

Saint Louis University Public Law Review

No abstract provided.

An Exploratory Study On Social Learning Theory, Social Bond Theory, Experiences With Police And Demographic Effects On College Student Attitudes Toward Police, Tyson Allen Mclean

Graduate Student Theses, Dissertations, & Professional Papers

Research on public attitudes toward police is principally conducted through survey methods focused on analyzing the effects of experiences with police, satisfaction with police services and respondent demographics. Most research collects data from the general public, which overall reports high levels of satisfaction with the police. However, few studies focus on the college student population and fewer integrate theoretical frameworks to explore this complex issue. This research incorporates tenets from social learning and social control theories as a conceptual framework from which the analysis is built. It also explores the role that personal and vicarious contact and demographic influences play …

How Patrol Officers Make Decisions : Comparing A Structural Model To A Process Model, Heidi Bonner

Legacy Theses & Dissertations (2009 - 2024)

A heavy research emphasis on the discretionary decision-making actions by police has led researchers to conduct a substantial amount of work regarding the individual, situational, organizational, and neighborhood influences on police behavior. The culmination of all this work results in one main conclusion - the majority of findings regarding the causes of police behavior are mixed. Further, current models of police behavior account for only a small amount of the variation.

Occupational Stress And The Homosexual Police Officer, David John Barton

Legacy Theses & Dissertations (2009 - 2024)

This dissertation analyzed occupational stress among homosexual officers. Previous researchers have investigated occupational stresses experienced by racial, ethnic and gender minority police officers; however, research has not examined the occupational stresses experienced by homosexual officers. This study utilized an internet survey to gather quantitative data that were statistically analyzed for similarities and differences in how homosexual officers perceive stressors common to all officers and stressors experienced only by minority subgroups, including discrimination. Because homosexual officers have the unique ability to disguise their minority status, this study also examined whether the officers' choices to reveal or conceal their sexual preference affected …

Confrontation And Forensic Laboratory Reports, Round Four, Richard D. Friedman

Articles

Crawford v. Washington radically transformed the doctrine governing the Confrontation Clause of the Sixth Amendment to the Constitution. Before Crawford, a prosecutor could introduce against an accused evidence of a hearsay statement, even one made in contemplation that it would be used in prosecution, so long as the statement fit within a "firmly rooted" hearsay exception or the court otherwise determined that the statement was sufficiently reliable to warrant admissibility. Crawford recognized that the Clause is a procedural guarantee, governing the manner in which prosecution witnesses give their testimony. Therefore, a prosecutor may not introduce a statement that is testimonial …

Graffiti Offenders' Patterns Of Desistance From, And Persistence In, Crime: New Insights Into Reducing Recidivist Offending, Myra Taylor, Umneea Khan

Research outputs 2012

While graffiti is a gateway crime towards more serious criminal offending, little is known about graffitists' patterns of desistance from, and persistence in, crime. This paper addresses this knowledge shortfall through an examination of the Western Australian Police Information Management System (IMS) database for three age-groups (i.e. preteens, adolescents, adults) and three categories of graffiti offenders (Early Desisters, Limited Persisters, Chronic Persisters). Descriptive and chi-squared statistics reveal that: i) nearly three-quarters of all of the 667 preteen, adolescent and adult graffiti offenders desisted from further offending after their first or second contact with police; ii) the mainly adolescent cohort of …

Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger

NYLS Law Review

No abstract provided.

Adversarial Inquisitions: Rethinking The Search For The Truth, Keith A. Findley

NYLS Law Review

No abstract provided.

Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor

NYLS Law Review

No abstract provided.

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

NYLS Law Review

No abstract provided.

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

NYLS Law Review

No abstract provided.

The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar

Articles

There has been a good deal of talk lately to the effect that Miranda1 is dead or dying-or might as well be dead.2 Even liberals have indicated that the death of Miranda might not be a bad thing. This brings to mind a saying by G.K. Chesterton: "Don't ever take a fence down until you know the reason why it was put up."4

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Faculty Publications

Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …

January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Brazil slum raids impress, but what's the impact?” By Bradley Brooks. Huffington Post, November 14, 2011.

National Security Federalism In The Age Of Terror, Matthew C. Waxman

Faculty Scholarship

National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding the …

Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee

Scholarly Works

No abstract provided.

Race, Gender, And Tokenism In Policing: An Empirical Elaboration, Meghan S. Stroshine, Steven G. Brandl

Social and Cultural Sciences Faculty Research and Publications

According to tokenism theory, “tokens” (those who comprise less than 15% of a group’s total) are expected to experience a variety of hardships in the workplace, such as feelings of heightened visibility, isolation, and limited opportunities for advancement. In the policing literature, most previous studies have defined tokenism narrowly in terms of gender. The current research extends prior research by examining tokenism as a function of gender and race, with an examination of racial/ethnic subgroups. Particular attention is paid to Latino officers as this study represents the first known study of tokenism and Latino police officers. Quantitative analyses reveal that, …

Modern Police Practices: Arizona V. Gant's Illusory Restriction Of Vehicle Searches Incident To Arrest, Seth W. Stoughton

Faculty Publications

In 2009, the Supreme Court overturned thirty years of precedent with a decision that purported to dramatically cut back on the ability of law enforcement officers to conduct warrantless vehicle searches incident to the arrest of a vehicle occupant. Scholars and commentators celebrated Arizona v. Gant’s constraint of police, and subsequent scholarship has focused exclusively on peripheral concerns such as alternative justifications for warrantless searches and Gant’s effect on non-vehicle searches. This Note challenges the core assumption that Gant will substantially limit vehicle searches incident to arrest, contending that Gant is far more permissive than it appears. In most cases, …

Anchorage Community Survey 2009: Anchorage Police-Related Results, Sharon Chamard

Anchorage Community Survey (2005-2009)

A sample of 2,080 adult residents of the Municipality of Anchorage were included in the final dataset for a survey conducted by the Justice Center in the summer and fall of 2009 — the third in a series of biannual surveys of the Anchorage municipality. This volume presents those results of particular relevance to the Anchorage Police Department on racism, violence, community disorder, fear of crime, satisfaction with police services, police effectiveness, and contact with police. Results are presented in summary form for the entire municipality and also by community council area.

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Faculty Publications

Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …

The Police Caution As A Diversionary Mechanism. An Analysis Of The Garda Síochána Adult Caution Scheme, Graham Tolan

Dissertations

The Garda Síochána Adult Caution Scheme was established in 2006. It is among a range of alternate methods which have been introduced in recent years that are designed to divert adults away from the criminal justice system. The scheme provides a mechanism by which individuals receive a formal police caution in lieu of prosecution before the courts. It is only available to certain persons against whom there is evidence of the commission of a scheduled criminal offence and where the prosecution of such an offence is not in the public interest (An Garda Síochána, 2006:2009). This thesis examines the scheme …

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …

Alaska Justice Forum ; Vol. 28, No. 2-3 (Summer / Fall 2011), Antonia Moras, N/A Bureau Of Justice Statistics

Vols 21-30 (2004-2014)

The Summer/Fall 2011 issue of the Alaska Justice Forum features articles on immigration in Alaska, a pilot project for Anchorage probation violators, Alaska's five-year plan for offender reentry, and the impact of Village Public Safety Officers (VPSOs) in violence against women cases.

Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill

Seattle University Law Review

Racial profiling violates the United States Constitution’s premise that all people are equal under the law, as well as the Fourth Amendment’s guarantee that people should be free from unreasonable searches and seizures. Racial profiling has been found to result from individual officer racism or stereotyping, from institutionalized biases, and from the organizational culture of law enforcement agencies. We begin this Article by discussing the history of racial profiling before proceeding to consider various studies from a select number of American jurisdictions. We then examine important methodological and theoretical issues in conducting research on racial profiling and racially biased policing, …

Analyzing Stops, Citations, And Searches In Washington And Beyond, Mario L. Barnes, Robert S. Chang

Seattle University Law Review

Racial disproportionality in the criminal justice system is a fact. But the fact of racial disproportionality is the beginning and not the end of the conversation. The fact that blacks are overrepresented in stop, arrest, charge, pretrial detention, conviction, and incarceration statistics demonstrates only correlation and not causation. A number of commentators caution that disproportionality and the overrepresentation of blacks, Native-Americans, and Hispanics in Washington State’s prisons do not prove racial discrimination. Further, the fact of disproportionality at each stage of criminal justice processing does not prove that racial discrimination occurs at each particular stage. For example, the observed disproportionality …

Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert

University of Michigan Journal of Law Reform

Both case law and legal literature have recognized that all, and not just clearly statistical, evidence is probabilistic. Therefore, we have much to learn from the laws of probability with regard to the evaluation of evidence in a criminal trial. The present Article focuses on the confession. First, we review legal and psychological literature and show that the probability of a false confession and, consequently, a wrongful conviction, is far from insignificant. In light of this, we warn against the cognitive illusion, stemming from the fallacy of the transposed conditional, which is liable to mislead the trier of fact in …