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Full-Text Articles in Law

Doing Away With Disorderly Conduct, Rachel Moran Jan 2022

Doing Away With Disorderly Conduct, Rachel Moran

Boston College Law Review

Disorderly conduct laws are weapons the powerful wield against the unpopular. All fifty states and many municipalities have disorderly conduct laws that criminalize speech and conduct ranging from unreasonable noise to opprobrious language. Although these laws are facially neutral, their astounding breadth and vagueness serve as a rubber stamp for law enforcement to surveil and criminally charge marginalized people. Their targets include communities of color, people with unpopular religious or political beliefs, and people whose mental health struggles render them incapable of complying with societal expectations of order. Although courts and scholars have criticized these laws for decades, none have ...


Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick Jan 2022

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

Congressional Testimony

No abstract provided.


Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen Jan 2022

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are ...


Modern Law Enforcement Training Based On Four Classic Psychological Experiments, Mkay Bonner, Mark S. Johnson Jan 2022

Modern Law Enforcement Training Based On Four Classic Psychological Experiments, Mkay Bonner, Mark S. Johnson

Contemporary Southern Psychology

Psychology as a discipline is alive and well. Psychology is so much more than just therapy or research with rats. Psychological science is applied to real life in a myriad of ways every day. One excellent example is the use of four classic psychological experiments as a foundation for the Active Bystandership for Law Enforcement (ABLE) training curriculum. This contemporary police training program seeks to reduce harm and improve the national law enforcement culture. The four classic psychological science experiments that are used in this evidence-informed curriculum include Diffusion of Responsibility from Darley and Latane’, the Seminary Experiment from Darley ...


Crisis Deescalation: A Brief Review And Variations On A Model, Mkay Bonner, Mark S. Johnson Jan 2022

Crisis Deescalation: A Brief Review And Variations On A Model, Mkay Bonner, Mark S. Johnson

Contemporary Southern Psychology

The demand for changes in police responses to crises are loud and compelling. One such recommended change is from a Warrior mindset to a Guardian mindset. The emphasis in the Guardian philosophy is on law enforcement officers (LEOs) as protectors instead of fighters. This mindset emphasizes deescalation instead of the use of force whenever possible. Several deescalation courses existed but more have been created recently. This recent increase has been due, in part, to profiteers wanting to benefit from the change in philosophy and training. A brief history starting with the legend in deescalation, Crisis Intervention Team (CIT) Training, is ...


How To Get Away With Murder: When A White Male Police Officer Kills A Young Black Person, Mitchell F. Crusto Jan 2022

How To Get Away With Murder: When A White Male Police Officer Kills A Young Black Person, Mitchell F. Crusto

Washington and Lee Law Review Online

Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified immunity, willful intent, and objective reasonableness, as condoned by the Court, allow police officers to “get away with murder.”


Improvement Of Departmental Control Of Competent Authorities In The Field Of Juveniles, As An Important Factor In Increasing The Efficiency Of Prosecutorial Supervision Of Execution Of The Laws In This Area, Ibragimov Diyorbek Shuxrat O’G’Li Jan 2022

Improvement Of Departmental Control Of Competent Authorities In The Field Of Juveniles, As An Important Factor In Increasing The Efficiency Of Prosecutorial Supervision Of Execution Of The Laws In This Area, Ibragimov Diyorbek Shuxrat O’G’Li

ProAcademy

The article provides a comprehensive critical analysis of the activities of the competent authorities to ensure the rights and legitimate interests of juveniles in our country. Also, by using practical examples, it was identified problems and shortcomings of departmental control activities of these responsible bodies. In addition, it theoretically analyzes the similarities and differences between “departmental supervision” and “prosecutorial supervision” in the field of juveniles. At the same time, cases of violations of the law, which are allowed by the competent authorities in this area, revealed in the course of inspections carried out by the prosecutor's offices, are described ...


Barring Methadone Behind Bars: How Prisons Err When Denying Methadone Treatment To Inmates With Opioid Use Disorder, Julia Durst Jan 2022

Barring Methadone Behind Bars: How Prisons Err When Denying Methadone Treatment To Inmates With Opioid Use Disorder, Julia Durst

Mitchell Hamline Law Review

No abstract provided.


The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson Jan 2022

The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson

Mitchell Hamline Law Review

No abstract provided.


Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice, Adrienne Baker Jan 2022

Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice, Adrienne Baker

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


"Defunding" The Criminality Of Mental Illness By Funding Specialized Police Training: How Additional Training And Resources For Dealing With Mental Health Will Be Beneficial For All Sides, Margaret Ahern Dec 2021

"Defunding" The Criminality Of Mental Illness By Funding Specialized Police Training: How Additional Training And Resources For Dealing With Mental Health Will Be Beneficial For All Sides, Margaret Ahern

Journal of Law and Health

The momentous public outcry for police reform is the result of police encounters ending fatally, which is notably sixteen times more likely for individuals suffering from mental illness in the United States. These horrific incidents highlight the systemic failings of traditional police departments training and its failure to provide officers with the necessary skills to de-escalate crisis situations involving the vastly overrepresented mentally ill population involved in the United States justice system. This article demonstrates that effective police training involving crisis intervention and de-escalation techniques equip police officers with knowledge and skills that enable them to contrive more positive outcomes ...


Challenging Solitary Confinement Through State Constitutions, Alison Gordon Dec 2021

Challenging Solitary Confinement Through State Constitutions, Alison Gordon

University of Cincinnati Law Review

Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.

State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the ...


Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey Dec 2021

Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey

Arkansas Law Review

It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued the above-quoted clarion call to protect the lives of incarcerated people on May 14, 2020. At that point, the COVID-19 pandemic had brought American society to a standstill for a little more than ...


Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene Dec 2021

Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene

Dalhousie Law Journal

The importance of preventing outbreaks in prisons during a pandemic, such as COVID-19, cannot be overstated. The risk of the infection spreading rapidly once inside these institutions is much higher than in the community, due to the underlying vulnerabilities of prison populations and the congregated living nature of prisons. This article documents the Nova Scotia provincial prison system’s experience in dealing with COVID-19 during the first wave, including its uniquely swift decarceration efforts. One goal of this investigation is to identify a set of best practices that can help Canadian prisons systems with their short-term responses to crisis in ...


Prosecutorial Supervisions Of The Implementation Of Anti-Torture Legislation: An Analysis Of International Law And National Legislation, Barno Kadirova Dec 2021

Prosecutorial Supervisions Of The Implementation Of Anti-Torture Legislation: An Analysis Of International Law And National Legislation, Barno Kadirova

ProAcademy

This article examines the analysis of national legislation and international law on the prevention of torture and other cruel, inhuman or degrading treatment or punishment, international standards, principles of responsibility and the improvement of prosecutorial control over the implementation of anti-torture legislation. In addition, the role of prosecutorial oversight in the prevention of torture is based on the views of legal scholars and practitioners, as well as appeals to the prosecutor's office by the Prosecutor General's Office about illegal actions by law enforcement officers and torture by the Supreme Court. Information on criminal cases on torture is provided ...


An Occupation-Based Program For Formerly Incarcerated Youth And Staff In An Employment Re-Integration Program, Heather Fierros, Angela Blackwell, Leslie Khan-Farooqi Dec 2021

An Occupation-Based Program For Formerly Incarcerated Youth And Staff In An Employment Re-Integration Program, Heather Fierros, Angela Blackwell, Leslie Khan-Farooqi

Virtual OTD Capstone Symposium, Fall 2021

One of the most vulnerable and growing populations within the United States (U.S.) are youth involved in the juvenile justice system. Each day, approximately 60,000 youth are currently incarcerated in the U.S., signifying a necessary demand for community re-entry success. Having been incarcerated makes it more challenging for youth to attend school, obtain a license, find public housing, and attain public benefits. Furthermore, because of the effects following being a part of the juvenile justice system, the youth exemplify a lack of social interaction skills, hindered relationship patterns, altered values and beliefs. These underdeveloped skills and patterns ...


Staff Perceptions On Organizational Change And Its Impact On Occupational Participation In Institutional Settings, Shelby Pearce, Susan Macdermott, Karen Park Dec 2021

Staff Perceptions On Organizational Change And Its Impact On Occupational Participation In Institutional Settings, Shelby Pearce, Susan Macdermott, Karen Park

Virtual OTD Capstone Symposium, Fall 2021

Background: Organizational change, primarily in institutional settings, is necessary to prevent institutionalization as well as to reach the goals of the organizations. To support these goals, institutional settings, such as correctional facilities, often use restrictive measures including occupational deprivation. As a profession, occupational therapy recognizes the importance of occupational participation for all persons in society, however there is a gap in knowledge on the importance of how to promote and/or educate other entities on successful change management in different institutional settings.

Purpose: The purpose of this study is to understand how organizational culture impacts occupational participation in institutional settings ...


Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov Dec 2021

Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov

ProAcademy

Production of expertise on a scene in parallel with its survey in most cases is impossible for the reasons of procedural character: inspection of a scene is, as a rule, performed before initiation of legal proceedings that doesn't allow the investigator before making decision on its excitement to appoint expertise. At the same time to reveal signs of a crime and to fix traces it according to law requirements sometimes happens it is simply impossible without carrying out expert research. It was the cause of statement by us of a question of possibility of purpose of expertise before initiation ...


Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich Dec 2021

Legal Nature, Historical Developments Of Expertise And Comparative Analysis Of The Legislation Of Foreign Countries, Astanov Istam Rustamovich, Astanov Shuxrat Rustamovich

ProAcademy

This article is About expertise on criminal affairs is the separate give special status a type of the expertise, different carrying out research from the person possessing special knowledge. Expertise on criminal affairs differs from other types of expertise by that it is appointed and carried out according to strictly and precisely established Code of criminal procedure rather. The part second of article 153 Criminal Procedure Code of Moldova, devote interrogation the expert, consolidates norm on which it is forbidden to make interrogation before submission of the expert opinion and its studying. Fixing of such rule in part the second ...


Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass Dec 2021

Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass

Electronic Theses and Dissertations

There are numerous types of reentry programs available to inmates to help avoid the cycle of recidivism. There is little research on the impacts of reentry programs in jail populations. This current study sought to provide more research in this area by evaluating a local jail reentry program’s effect on recidivism. A quasi-experimental design was used to estimate the program’s effectiveness by comparing the recidivism statistics of inmates that have participated in the reentry program to a control group of inmates that did not. Inmates in the control group were matched according to their gender, age, race, and ...


The Impact Of A Crisis Intervention Team Program On Psychiatric Boarding, Kurtis Hooks Dec 2021

The Impact Of A Crisis Intervention Team Program On Psychiatric Boarding, Kurtis Hooks

Counseling & Human Services Theses & Dissertations

Psychiatric boarding is the phenomenon of housing individuals in emergency departments while awaiting access to mental health services in the community. The expansion of psychiatric boarding is attributed to continued deinstitutionalization and under-resourcing of mental health services. Psychiatric boarding is also associated with deleterious outcomes for individuals in need of access to behavioral health services, facilities. There is limited research on programmatic efforts to reduce psychiatric boarding as it pertains to Crisis Intervention Team programs colocated in medical settings. Crisis Intervention Team (CIT) programs are community-based, multi-stakeholder partnerships that include dedicated assessment centers crisis response and referral. This study utilized ...


Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker Dec 2021

Due Process In Prison Disciplinary Hearings: How The “Some Evidence” Standard Of Proof Violates The Constitution, Emily Parker

Washington Law Review

Prison disciplinary hearings have wide-reaching impacts on an incarcerated individual’s liberty. A sanction following a guilty finding is a consequence that stems from hearings and goes beyond mere punishment. Guilty findings for serious infractions, like a positive result on a drug test, can often result in a substantial increase in prison time. Before the government deprives an incarcerated individual of their liberty interest in a shorter sentence, it must provide minimum due process. However, an individual can be found guilty of serious infractions in Washington State prison disciplinary hearings under the “some evidence” standard of proof—a standard that ...


Sb320: A Call To Arms For Victims Of Domestic Violence, Golden Gate University School Of Law Nov 2021

Sb320: A Call To Arms For Victims Of Domestic Violence, Golden Gate University School Of Law

GGU Law Review Blog

Under California law, a person restrained by any domestic violence protection order is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the order is in effect. According to the Armed Prohibited Persons System (APPS), over 23,000 restricted people are armed in California. This number reflects only the number of known registered firearms in the state. Of these 23,000 restricted people, special agents recovered 1,243 prohibited firearms last year — 778 of those firearms were identified in APPS; however, 465 were previously unknown.

Senate Bill 320 purports to redress the inadequacy of ...


Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver Nov 2021

Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver

ProAcademy

In the article, the author highlights the lack of effective law enforcement in the field of combating transnational financial crimes as an existing problem in this area. This conclusion was made based on an analysis of the views and opinions of representatives of legal science and practitioners in this field, as well as the reporting documents of mutual assessments for compliance with international standards of Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) systems of the participating states of the Financial Action Task Force on Money Laundering (FATF). The author, dividing the ways of improving the effectiveness of the ...


On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun Nov 2021

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the ...


"Slack" In The Data Age, Shu-Yi Oei, Diane M. Ring Nov 2021

"Slack" In The Data Age, Shu-Yi Oei, Diane M. Ring

Boston College Law School Faculty Papers

This Article examines how increasingly ubiquitous data and information affect the role of “slack” in the law. Slack is the informal latitude to break the law without sanction. Pockets of slack exist for various reasons, including information imperfections, enforcement resource constraints, deliberate nonenforcement of problematic laws, politics, biases, and luck. Slack is important in allowing flexibility and forbearance in the legal system, but it also risks enabling selective and uneven enforcement. Increasingly available data is now upending slack, causing it to contract and exacerbating the risks of unfair enforcement.

This Article delineates the various contexts in which slack arises and ...


Habeas Corpus Unbound, Sheila Wildeman Nov 2021

Habeas Corpus Unbound, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin ...


Compelling Compassion: Navigating Federal Compassionate Release After The First Step Act, John F. Ferraro Oct 2021

Compelling Compassion: Navigating Federal Compassionate Release After The First Step Act, John F. Ferraro

Boston College Law Review

Prior to the First Step Act, compassionate release was rarely utilized in the federal criminal justice system. Upon the Act’s passage, the federal judiciary took a more significant role in assessing motions for compassionate release. The number of motions for compassionate release swelled as the COVID-19 pandemic became a major public health crisis in the United States, especially in prisons. Many, but not all, federal district courts departed from prior administrative guidelines that were not consistent with the statutory language of the First Step Act. These differing levels of discretion have created an inconsistent patchwork of case law across ...


Criminal Law’S Core Principles, Paul H. Robinson Oct 2021

Criminal Law’S Core Principles, Paul H. Robinson

Faculty Scholarship at Penn Law

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles ...