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Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd

Michigan Journal of Race and Law

This Article does not challenge the prior research on sentencing discrimination between racial categories that found no significant difference in sentences given to similarly-situated African Americans and Whites. In fact, in the jurisdiction investigated- Florida- no discrimination between African Americans and Whites was found in the sentences imposed on defendants, looking only at racial category differences. Rather, the research suggests that in focusing exclusively on discrimination between racial groups, the research has missed a type of discrimination related to race that is taking place within racial categories: namely, discrimination on the basis of a person's Afrocentric features. By Afrocentric features, …

Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman

Fordham Urban Law Journal

This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Cambell

Irish Journal of Applied Social Studies

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. The long-established practice of diverting certain young offenders from prosecution ensures that children are not drawn into the criminal justice system and are not given a criminal record (Goldson, 2000: 35). A non-statutory diversion programme entitled the Garda Liaison Scheme was established in Ireland in 1963, which diverted less serious young offenders from prosecution (Report of the Committee Appointed to Monitor the Effectiveness of the Diversion …

Legislative Oversight Of Police: Lessons Learned From An Investigation Of Police Handling Of Demonstrations In Washington, D.C., Mary M. Cheh

GW Law Faculty Publications & Other Works

There are various ways to oversee police behavior including internal discipline, civilian review boards, civil law suits, and criminal prosecutions. These are important tools but an equally important but less examined mechanism is legislative oversight, and, in particular, the legislative investigation. A legislature may choose to review police policies concerning the use of surveillance, informants and undercover operatives, the implementation of community policing, the use of force, eradication of gang activity, and perhaps most prominently in the post 9/11 world, counter terrorism initiatives. All of these matters involve policy decisions at the departmental level and not actions taken at the …

Juveniles' Attitudes Toward The Police As Affected By Prior Victimization., Joshua A. Hardin

Electronic Theses and Dissertations

The purpose of this study was to analyze juveniles' attitudes toward the police and how their attitudes were affected by prior victimization and delinquency, controlling for race, gender, and city of residence. All variables used in this study came from the Gang Resistance Education and Training (G.R.E.A.T.) data collected by Esbensen (1999). The analysis indicated that females held more favorable attitudes toward the police than males, Whites held more favorable attitudes toward the police than non-Whites, and juveniles living in small rural/suburban areas held more favorable attitudes than those living in large urban areas. The major finding of this study …

Beyond Police Conduct: Analyzing Voluntary Consent To Warrantless Searches By The Mentally Ill And Disabled, Brian S. Love

Saint Louis University Law Journal

No abstract provided.

Social Divisions And Coercive Control In Advanced Societies: Law Enforcement Strength In Eleven Nations From 1975 To 1994., Stephanie L. Kent, David Jacobs

Sociology & Criminology Faculty Publications

Conflict theory suggests that economic stratification poses a threat to order, so we should expect increased inequality to lead to a greater capacity for coercive control. The police are the primary agency that uses force to preserve order, yet we know little about the effects of economic divisions on police size in advanced nations besides the United States. The generality of findings based on a fixed-effects panel design applied to 11 developed nations should provide increased insight about how coercion is used to preserve domestic order. Other social divisions that should matter include minority presence and unemployment. With economic development, …

The Effects Of Firearm Use On Police Officers, Quinn M. Beers

Sociology & Criminal Justice Theses & Dissertations

The use of firearms by police officers is a subject that has not received much attention in past research. It is a rare occurrence for police officers to have fire their weapon in the line duty, which has also made this area of law enforcement difficult to study. In addition, little data is kept on the extent of firearm use by police officers. Several theories have been proposed to explain firearm use by police officers as well as how officers decide to use their weapon or not.

Ninety-two police officers from the city of Newport News, Virginia completed a survey …

Vehicular Police Pursuits, Bradley B. Drayna

Honors Capstones

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

Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson

ExpressO

Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …

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.

State V. Patton, Orit Tulchinsky

NYLS Law Review

No abstract provided.

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

Articles

The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …

Culture Clash: Making The Case For A New Paradigm In Police Cultural Training, Hal S Edwards

UNLV Retrospective Theses & Dissertations

Hiring standards in most police agencies result in most officer candidates having little, if any, meaningful exposure to the "oppositional" culture of the urban, minority poor. Given the current popularity of the Community Oriented Policing paradigm---with its emphasis on positive police/community relations---current police hiring and training practices handicap police agencies in their efforts to gain the trust of urban, minority communities. A content analysis of United States Department of Justice Civil Rights Division investigations under the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141) was found to support the hypothesis that the interface between the police …

'But I Thought He Had A Gun' - Race And Police Use Of Deadly Force, Cynthia Lee

GW Law Faculty Publications & Other Works

It is undisputed that Blacks are disproportionately represented among the victims of police shootings. In a comprehensive review of the literature on police use of deadly force, James Fyfe reports that every study that has examined this issue [has] found that blacks are represented disproportionately among those at the wrong end of police guns. Although Blacks represent approximately 13 percent of the population in the United States, in parts of the country they constitute 60 to 85 percent of the victims of police shootings. On average, Blacks are more than six times as likely as Whites to be shot by …

The Paradox Of Criminal Justice Education In The United States: A Study Of The Perceptions Of Criminal Justice Faculty As A Paradigm Of An Academic Discipline And The Congruence With The Literature, Daniel A. Posluszny

Seton Hall University Dissertations and Theses (ETDs)

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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.

Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.

“America's Greatest Criminal Barracks”: The Tombs And The Experience Of Criminal Justice In New York City, 1838-1897, Timothy J. Gilfoyle

History: Faculty Publications and Other Works

New York City's Halls of Justice, better known as “the Tombs,” was the physical representation of nineteenth-century criminal justice. Considered by many to be the most famous prison on the continent, the Tombs contained the entire corpus of criminal law: judges, juries, magistrates, attorneys, courtrooms, and cells of incarceration. The daily operation, living conditions, and organization of the Tombs departed sharply from nineteenth-century ideas of penal reform. The Tombs embodied an ideology more reminiscent of older, preindustrial forms of punishment—the absence of penal routine and labor; the lack of special diets; few prisoners locked in separate cells; and easy access …

Garda Youth Diversion Project Guidelines, L. Ryan, A. Warren, L. Caldwell

Reports

Research carried out for the Department of Justice, Equality and Law Reform, Government of Ireland, 2003.

Police Training And Specialized Approaches For Responding To People With Mental Illnesses, Judy Hails, Randy Borum

Mental Health Law & Policy Faculty Publications

Eighty-four medium and large law enforcement agencies reported the amount of training provided on mental-health-related issues and the use of specialized responses for calls involving people with mental illnesses. Departments varied widely in the amount of training provided on mental-health-related topics, with a median of 6.5 hours for basic recruits and 1 hour for in-service training. Approximately one third of the agencies (32%) had some specialized response for dealing with calls involving people with mental illnesses. Twenty-one percent had a special unit or bureau within the department to assist in responding to these calls; 8% had access to a mental …

Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert

Michigan Journal of Race and Law

This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …

The New Paradigm Of Police Accountability: The U.S. Justice Department “Pattern Or Practice” Suits In Context, Samuel Walker

Saint Louis University Public Law Review

No abstract provided.

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, …

Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman

Publications

No abstract provided.

Crawford V. Washington, Richard D. Friedman

Articles

On June 9, by granting certiorari in Crawford v. Washington, 02-9410, the Supreme Court signaled its intention to enter once again into the realm of the Confrontation Clause, in which it has found itself deeply perplexed. This time there was a difference, however, because the grant indicated that the Court might be willing to rethink its jurisprudence in this area. Crawford, like Lee v. Illinois, 476 U.S. 530 (1986), and Lilly v. Virginia, 527 U.S. 116 (1999), presents a classic case of what might be called station-house testimony. Michael Crawford was accused of stabbing another man. His wife, Sylvia, was …

In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar

Articles

think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.

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.

(E)Racing The Fourth Amendment, Devon W. Carbado

Michigan Law Review

It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …