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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.

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

Faculty Articles and Other Publications

No abstract provided.

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …

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 …

Fit For Duty? Cops, Choirpractice, And Another Chance For Healing, Sally Gross-Farina

University of Miami Law Review

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 Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Michigan Journal of International Law

This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.

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.

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.

American Popular Culture's View Of The Soviet Militia: The End Of The Police State?, Sharon F. Carton

Nova Law Review

The now-defunct Soviet Union and the term "police state" have

been synonymous for many years, at least from the Stalinist era until,

possibly, the Gorbachev era.

Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely

University of Michigan Journal of Law Reform

Part I of this article reviews background matters bearing on our research - in particular, we discuss the Court's framework for analyzing exclusion as a deterrent safeguard, the research questions that need to be raised within that framework, and the research strategy we adopted in light of the Court's approach to exclusion. Part II analyzes our findings on police knowledge of the rules of search and seizure. Part III analyzes our findings on officers' willingness to obey the law. Part IV evaluates our findings in light of policy questions concerning the exclusionary rule. We consider whether the Court should retain …

Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones

West Virginia Law Review

No abstract provided.

Florida V. Bostick: Voluntary Encounter Or The Power Of Police Intimidation?, Margaret Fanjul Montalvo

Nova Law Review

On August 27, 1985, two officers from the Broward County Sheriff's

Department boarded a Greyhound bus in Fort Lauderdale, Florida.

One of the officers, Detective Nutt, carried in his hand a zippered

pouch containing a pistol.

Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave

Michigan Law Review

In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .

Clearly "the …

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.

Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger

University of Michigan Journal of Law Reform

Part I provides an overview of the development of British confession law, including the changes under PACE. Part II examines PACE's impact on related subjects, such as detention conditions, access to legal advice, and waiver of the right of access to a solicitor. Finally, Part III suggests that the British experience in developing a statutory framework to regulate these issues can serve as a model for undertaking such reforms in the United States.

Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez

Northern Illinois University Law Review

Professor Balos and Judge Gomez combine to produce this model policy dealing with domestic assault cases. The foundation of this policy is the result of research comparing jurisdictions requiring varying degrees of police intervention and court involvement in such cases. The authors conclude that a policy, such as the one proposed here, which mandates arrest of the perpetrator in addition to requiring various police and court procedures is most effective in protecting the rights of the victim as well as the defendant.

Police Discretion: A Comparative Perspective, Gregory H. Williams

Indiana Law Journal

No abstract provided.

Tempered Zeal: A Columbia Law Professor's Year On The Streets With The New York City Police, Carol J. Sulcoski

Michigan Law Review

A Review of Tempered Zeal: A Columbia Law Professor's Year on the Streets with the New York City Police