Digital Commons Network^™

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Publications

No abstract provided.

Assessing Levels Of Cooperation Between Pace And Patrol Officers In The City Of Norfolk Virginia Police Department, Michael G. Goldsmith

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to evaluate two facets of the Norfolk Police Department's Police Assisted Community Enforcement, or PACE, program. While there has been much research on how community policing affects officer and citizen attitudes, there has been very little that focuses on organizational aspects of implementing this philosophy. This research uses a survey instrument to examine how Norfolk's structuring of their community policing program may have an impact on the way the officers involved cooperate with one another. Levels of cooperation and training are measured, as well as the effects that years on the department and education …

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.

Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan

Michigan Law Review

Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

The American "Adversary System"?, William T. Pizzi

Publications

No abstract provided.

The Express: November 7, 1997, Taylor University Fort Wayne

1997-1998 (Volume 2)

Frost Illustrated accusations denied — Questions raised by Frost Illustrated — Police Institute offers value to community — Editorials — Soldier vs. Civilian — Love is a beautiful thing at Blimpie’s — Dining Out — Friendship from across the ocean — Fresh Face of Chapel — Quickness is key for mens basketball team — Taylor’s Top 10 — Up tempo game should make for an exciting season — Jam Session

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.

A Model Training Program To Prepare Candidates For Employment As Police Officers In Taiwan, George Gwo-Fang Jien

All Graduate Projects

The purpose of this project was to design a model training program to prepare candidates for employment as police officers in Taiwan. To accomplish this project, a review of current literature regarding training for basic police work was conducted. Additionally related information from Central Police University, Taoyuan, Taiwan, was obtained and analyzed.

Leaving Well Enough Alone—Why The "Would Have" Standard Works Well For Determining Pretext Stops In Washington State: A Critical Analysis Of The Whren Decision, Kelly Montgomery

Seattle University Law Review

This Note argues that the "could have" standard makes a mockery of the probable cause protections provided by the Fourth Amendment and that the Washington courts should not adopt that standard. Instead, because Washington courts have traditionally held that Article 1, Section 7, of the Washington Constitution provides broader protection than the Fourth Amendment of the Federal Constitution, the Washington courts should continue to use the "would have" standard to determine whether a stop is pretextual under Article 1, Section 7.11. Part II of this Note briefly describes the applicable search and seizure doctrine and tracks the split in the …

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. …

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Michigan Journal of Race and Law

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates …

An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston

Touro Law Review

No abstract provided.

Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave

Michigan Law Review

At least the title indicates that the article is somehow concerned with "the Fourth Amendment," though for anyone who knows me or is at all familiar with my work, that piece of information hardly would come as a revelation. The fact of the matter is that I almost always write about the Fourth Amendment; I am in an academic rut so deep as to deserve recognition in the Guinness Book World of Records. Search and seizure has been my cheval de bataille during my entire time as a law professor and even when I was a mere law student. …

A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler

Michigan Law Review

Supreme Court decisions have vacillated between two incompatible readings of the Fifth Amendment guarantee that no person "shall be compelled in any criminal case to be a witness against himself." The Court sometimes sees this language as affording defendants and suspects a right to remain silent. This interpretation - a view that countless repetitions of the Miranda warnings have impressed upon the public - asserts that government officials have no legitimate claim to testimonial evidence tending to incriminate the person who possesses it. Although officials need not encourage a suspect to remain silent, they must remain at least neutral toward …

Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker

Michigan Law Review

For the purposes of my argument, I adapt Professor Meir Dan-Cohen's distinction (which he in turn borrowed from Jeremy Bentham) between "conduct" rules and "decision" rules. Bentham and Dan-Cohen make this distinction in the context of substantive criminal law; for their purposes, "conduct" rules are addressed to the general public in order to guide its behavior (for example, "Let no person steal") and "decision" rules are addressed to public officials in order to guide their decisionmaking about the consequences of violating conduct rules (for example, "Let the judge cause whoever is convicted of stealing to be hanged"). But as any …

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America

Survey On The Seriousness Of Crime: A Comparison Of Three Police Departments, Terry J. Comnick

Theses Digitization Project

No abstract provided.

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …

The Mandatory Arrest Law: Police Reaction, Kevin Walsh

Pace Law Review

The mandatory arrest requirement in certain domestic violence situations is unique, due to the fact that no other class of offense requires arrest. The Criminal Procedure Law states that a police officer "may arrest" for all other classes of offenses. The new subdivision states that a police officer "shall arrest a person, and shall not attempt to reconcile the parties or mediate .... ." The use of the word "shall," in contrast to "may," indicates obligation or necessity. Why has this class of offenses been singled out for mandatory arrest? What factors brought this mandatory arrest law about?

Chopping Miranda Down To Size, Michael Chertoff

Michigan Law Review

A Review of Confessions, Truth, and the Law by Joseph D. Grano

Improving Constitutional Criminal Procedure, Welsh S. White

Michigan Law Review

A Review of The Failure of the Criminal Procedure Revolution by Craig M. Bradley

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.

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 …

Walking The Thin Blue Line: An Assessment Of The Nature Of Stress Within The Arcata Police Department, Tyler Michael Trevor

Cal Poly Humboldt theses and projects

The findings of the Arcata Police Stress Survey have produced a variety of important discoveries. These results can not only be used to help reduce the stress experienced by APD personnel, but can also help create awareness amongst the public and governmental sectors. Above all, this research directs the attention of its readers to three major facets of police stress: levels and groups experiencing stress, sources of stress, and coping strategies. First, stress levels within APD reveal that the majority of personnel are experiencing moderate to high levels of stress. In particular, one group stands out and illicits attention. Those …

The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar

Articles

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston

Michigan Law Review

A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe