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Full-Text Articles in Law

Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley Jan 2025

Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley

Social Justice | Senior Theses

My senior thesis project delves into Restorative Justice's role in addressing the school-to-prison pipeline in Marin County. Restorative Justice prioritizes repairing the harm caused by crime to individuals, relationships, and communities, advocating for offenders to take responsibility and make amends rather than solely facing punishment (Restorative Justice Exchange, 2022). My capstone aims to pinpoint factors driving student exclusion from schools and subsequent entanglement in the legal system while highlighting how restorative approaches can prevent such outcomes. Additionally, it discusses the benefits of removing police officers from schools and reducing reliance on law enforcement within educational settings. My research will use …


Burnout And Employee Satisfaction Of Mental Health Clinicians In Corrections, Jeremy C. Capuyon, Lindsay Gietzen Nov 2024

Burnout And Employee Satisfaction Of Mental Health Clinicians In Corrections, Jeremy C. Capuyon, Lindsay Gietzen

Pacific Journal of Health

Approximately 1.9 million individuals are currently incarcerated within the United States. Rehabilitation and preparation for parole back into the community is common goal amongst correctional facilities. Mental health clinicians (social workers and psychologists) within the correctional facilities are providers who assist in the rehabilitation of inmates. Unfortunately, mental health clinicians in correctional facilities experience high rates of burnout and low levels of job satisfaction, resulting in an increase in turnover rates. This research project looks to investigate the impact burnout and employee satisfaction has on mental health clinicians who work in correctional settings. Furthermore, this research project compares burnout and …


The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis Nov 2024

The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis

Touro Law Review

In 2015, the Supreme Court in Kingsley v. Hendrickson held that a pretrial detainee claiming excessive force on the part of the state must only show that the force used was objectively unreasonable. Prior to the adoption of the purely objective standard, many courts around the country were analyzing such cases through a subjective standard to determine whether the officers subjectively knew that the force used against a pretrial detainee was unreasonable. The absence of this objective standard essentially allowed state officials to use excessive force against pretrial detainees without violating an individual’s Constitutional rights. The Supreme Court reasoned that …


The Courts, Congress, And The Bureau Of Prisons: Using The First Step Act As An Impetus For Accountability And Legal Reform Of The Federal Carceral System, Sarah E. Ryan Oct 2024

The Courts, Congress, And The Bureau Of Prisons: Using The First Step Act As An Impetus For Accountability And Legal Reform Of The Federal Carceral System, Sarah E. Ryan

Journal of Civil Rights and Economic Development

(Excerpt)

On December 18, 2018, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, or First Step Act, became law. The Act reflected decades of social, racial, and economic justice advocacy and years of legislative work. In the five years preceding the Act’s passage, lawmakers built a new case for criminal justice reform.

...

From 2018 to today, the First Step Act has galvanized discussions about what comes next in criminal justice reform. Most observers have criticized the limited architecture and implementation of the Act, but some have hailed the Act’s utility during the COVID-19 pandemic and …


Dictionaries Denied: Information Poverty In Michigan Prison Libraries, Nicholas Norton, Meghan Mcgowan Oct 2024

Dictionaries Denied: Information Poverty In Michigan Prison Libraries, Nicholas Norton, Meghan Mcgowan

Journal of Civil Rights and Economic Development

(Excerpt)

In June of 2022, the Michigan Department of Corrections (“MDOC”) made national news when NPR reported that non-English language dictionaries were banned in state prisons. The rationale for this policy was specious—with an MDOC spokesperson stating: “If certain prisoners all decided to learn a very obscure language, they would be able to then speak freely in front of staff and others about introducing contraband or assaulting staff or assaulting another prisoner.” For instance, Spanish and Swahili dictionaries were restricted or banned based on safety, even though both languages are spoken by millions of people. Dictionaries and other reference materials …


Referenda To Secure The Rights Of Incarcerated People, Jaclyn Kurin Oct 2024

Referenda To Secure The Rights Of Incarcerated People, Jaclyn Kurin

Journal of Civil Rights and Economic Development

(Excerpt)

In May 2021, Allegheny County became the first jurisdiction in U.S. history to ban solitary confinement at a jail by voter referendum. This article covers the drafting, passing, implementing, and litigating of voter referenda to ban solitary confinement and the use of weapons in correctional facilities in Pennsylvania. The benefits of voter referenda extend beyond recognizing the legal rights of those incarcerated and reducing mistreatment. This article explains how prior community engagement with key issues involving the Allegheny County Jail (“ACJ”) paved the way for the referendum’s success. Specifically, in the year leading up to the Allegheny County referendum, …


Equalizing Disproportionate Death And Punishment In Black And Brown Communities: An Emergency Shutdown On Death, Inequality, And Deliberate Indifference, Angela Dixon Oct 2024

Equalizing Disproportionate Death And Punishment In Black And Brown Communities: An Emergency Shutdown On Death, Inequality, And Deliberate Indifference, Angela Dixon

Journal of Civil Rights and Economic Development

(Excerpt)

According to an old saying, “death is the great equalizer.” But is it? It may be in the sense that absent a contravening force, it is an appointment that all must keep. Yet data indicates that all do not die equally. Socioeconomic status (“SES”), which includes levels of occupation, education, income, and wealth, all delay or advance mortality. People of a higher SES outlive, generally, people of a lower SES; moreover, such disparities continue to widen as trends of income inequality intensify.

Perhaps predictably, race, just like class, exacerbates inequities. Black Americans in the United States remain the pivotal …


Don't Be Cruel: Cruelty, Complicity, Self-Knowledge, And Growth, Sherman J. Clark Oct 2024

Don't Be Cruel: Cruelty, Complicity, Self-Knowledge, And Growth, Sherman J. Clark

Journal of Civil Rights and Economic Development

(Excerpt)

The papers in this symposium, and the larger body of scholarship to which this symposium is a contribution, ask us to attend to the often brutal and inhumane conditions in American jails and prisons. But why should we do that? Why should we confront the suffering of the incarcerated? Why should we ask ourselves whether that suffering is unjust, unnecessary, or even unconstitutional? The main reason, of course, is that we want to remedy those injustices. We care about the suffering of our fellow human beings, and people do not cease to be our fellow human beings merely because …


State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron Oct 2024

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …


The Problem Of Third-Party Consent In Fourth Amendment Searches: Toward A "Conservative" Reading Of The Matlock Decision, Robert Deschene Oct 2024

The Problem Of Third-Party Consent In Fourth Amendment Searches: Toward A "Conservative" Reading Of The Matlock Decision, Robert Deschene

Maine Law Review

In United States v. Matlock, the United States Supreme Court delivered its most recent and comprehensive statement on the doctrine of third-party consent. Under the doctrine, police may search a defendant's home or effects without first obtaining a judicially issued search warrant. Instead of this traditional prerequisite for a valid fourth amendment search, the police need only have the voluntary consent of a third person who possesses "common authority" over or a "sufficient relationship" to the area to be searched. At that point, the defendant's own consent becomes largely irrelevant. Both the United States and Maine constitutions provide protection against …


State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron Oct 2024

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …


The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani Oct 2024

The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the ways in which RJ [restorative justice] has been co-opted, argues that RJ’s core principles can never coexist with the criminal punishment system, and analyzes how RJ co-optation is a barrier to abolitionist goals. It proceeds in three parts. In Part I, I present the fundamental principles upon which RJ processes should be based. While many scholars and practitioners have identified the lack of a consistent RJ definition by which to guide the work, I propose that there are fundamental principles that serve to guide RJ, and these are in stark contrast with the principles and realities …


Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose Sep 2024

Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose

Faculty Scholarship

This Article considers three related questions. First, is a person “seized” under the Fourth Amendment when law enforcement restricts a person’s movements in their home and limits their ability to leave or go about their business? Second, does the answer to this seizure inquiry turn on the person’s citizenship status? And third, how do lawyers ensure that courts discard bad law? This last question is not a qualitative assessment— with good and bad law being tied to one’s legal ideology. Rather, certain legal holdings, dating back over half a century, have been whittled away if not entirely eroded. When this …


Role Overload And Perceived Stress In U.S. Police Officers: A Replication Study, Michelle A. Hanna Collins Aug 2024

Role Overload And Perceived Stress In U.S. Police Officers: A Replication Study, Michelle A. Hanna Collins

Seton Hall University Dissertations and Theses (ETDs)

The current study sought to replicate a prior study (Duxbury & Halinski, 2018), conducted with Canadian police officers, to further explore the generalizability of their theoretical model of work- and family-role overload as sources of stress for male and female police officers in the United States. The Canadian study supported the proposed relationships between work-role overload, including four antecedents (Competing Demands, Outside Work of One’s Mandate, Non-supportive Culture, Employed Hours Worked), family-role overload (Dependent Care Hours), and police officer stress. A total of 357 United States law enforcement officers participated in the present study. A multivariate analysis was conducted utilizing …


Victim-Centred Policing: A Strategy For Effective Planning And Response To Mass Victimization Incidents, Karen D. Collins Aug 2024

Victim-Centred Policing: A Strategy For Effective Planning And Response To Mass Victimization Incidents, Karen D. Collins

The Dissertation in Practice at Western University

It is becoming increasingly important for police departments to develop internal capacity to address the needs of crime victims who are affected by serious incidents such as active shooters or terrorist attacks. Supporting the family and friends of victims, witnesses and others affected by a tragic incident is a key function of the investigating police agency. Victims seek information and require support from police investigators through all phases of the response. This dissertation-in-practice addresses the lack of refined victim-centred practices in planning for, and responding to mass victimization incidents at the X Police Department (a pseudonym). Adaptive and ethical leadership …


Mental Health Response To 911 Calls: Defunding The Police, Now With All Of The Danger And None Of The Protection, Marcia M. Ziegler Aug 2024

Mental Health Response To 911 Calls: Defunding The Police, Now With All Of The Danger And None Of The Protection, Marcia M. Ziegler

University of the District of Columbia Law Review

No abstract provided.


Black Lives Still Matter: The Unconstitutionality Of The Reasonableness Standard In The Doctrine Of Qualified Immunity, Angela D. Minor, Esq. Aug 2024

Black Lives Still Matter: The Unconstitutionality Of The Reasonableness Standard In The Doctrine Of Qualified Immunity, Angela D. Minor, Esq.

University of the District of Columbia Law Review

No abstract provided.


Negotiating Police Reform, Cynthia Alkon Jul 2024

Negotiating Police Reform, Cynthia Alkon

Faculty Scholarship

In the summer of 2020, after the murder of George Floyd, the national conversation around police reform intensified and was part of a conversation with students at Texas A&M University School of Law. Students wanted more discussion and teaching about police, police misconduct, police reform, and defunding the police. Following those discussions, I created a simulation on local level police reform that, as of this writing, I have used twice in my negotiation class. Simulations are helpful teaching tools in a variety of settings, including law schools. Simulations can be particularly useful to help students discuss difficult topics in different …


Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma Jun 2024

Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma

The Scholarship Without Borders Journal

A large body of literature substantiates women’s difficulties integrating into all levels of law enforcement. To understand the experiences of women police officers in the force, and to understand how law enforcement leaders view the role of women in leadership positions, this study focused on the perception of six women police officers–specifically, women police chiefs towards women who already assumed leadership positions, overcame challenges entering law enforcement and advancing into leadership positions, and collected their input on organizational decisions, policy, and recruitment of women officers. This study employs a qualitative phenomenological methodology and interviews six women police chiefs in depth. …


The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace Jun 2024

The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace

Pepperdine Dispute Resolution Law Journal

By their very nature, policing and mediation are viewed as disparate professions. However, since the inception of policing, police officers have traditionally been involved in managing and handling conflict situations and thus, mediation type interventions have historically been an important component of police work. For the most part, police officers are untrained in mediation; however, many police officers are comfortable serving as go-between for neighbors, families, and communities in conflict using their intuition. As a result of acting as a ‘mediator’ for conflicting parties, without any formal mediation training, many former and current police officers eventually engage in mediation training …


Letter From The Editor, Reeve Lanigan Jun 2024

Letter From The Editor, Reeve Lanigan

Pepperdine Dispute Resolution Law Journal

To foster dialogue and encourage community engagement surrounding these issues, this year The Pepperdine Dispute Resolution Law Journal (DRLJ) hosted its annual symposium in collaboration with the Straus Institute for Dispute Resolution and the Weinstein International Foundation to explore how elements of alternative dispute resolution can apply to community policing strategies to prevent and deescalate crime. The symposium, “The Tactics of Resolution: Exploring International Innovation in Law Enforcement and Conflict Resolution,” brought students, law enforcement officials, academics, and policymakers together to engage in enriching conversations on how to establish safer and more harmonious global community


Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts Jun 2024

Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts

Pepperdine Dispute Resolution Law Journal

Metropolitan cities face a myriad of social challenges, including increased crime, homelessness, and declining business vitality. These issues are interrelated, demanding solutions that are multifaceted and systemic. Solutions backstopped by law enforcement are needed to foster an environment conducive to business growth, job creation, and reducing homelessness. However, a widespread lack of trust in local law enforcement complicates addressing these challenges, highlighting the importance of community engagement and cooperation for effective policing and crime prevention. A comprehensive approach is necessary to address these social challenges. Integrating the stakeholder and sectors models with insights from literature focusing on community policing, economic …


Thusi Selected As John Hope Franklin Prize Recipient, James Owsley Boyd Jun 2024

Thusi Selected As John Hope Franklin Prize Recipient, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Law and Society Association will honor an Indiana University Maurer School of Law professor this week at its 2024 Annual Meeting in Denver from June 6-9.

Professor India Thusi will receive the John Hope Franklin Prize, recognizing exceptional scholarship in the field of Race, Racism and the Law.

Thusi’s winning work, “The Racialized History of Vice Policing,” was published in the UCLA Law Review in 2023.

“The article provides an enduring scholarly contribution at the intersection of policing, abolition, and legal history,” according to the LSA. “Thusi adopts an abolitionist framework and provides a much-needed analysis of vice policing …


Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma Jun 2024

Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma

Education Division Scholarship

A large body of literature substantiates women’s difficulties integrating into all levels of law enforcement. To understand the experiences of women police officers in the force, and to understand how law enforcement leaders view the role of women in leadership positions, this study focused on the perception of six women police officers–specifically, women police chiefs towards women who already assumed leadership positions, overcame challenges entering law enforcement and advancing into leadership positions, and collected their input on organizational decisions, policy, and recruitment of women officers. This study employs a qualitative phenomenological methodology and interviews six women police chiefs in depth. …


Overcoming Recruitment And Retention Challenges In Law Enforcement: A Systematic Review, Richard Odin Segovia Jun 2024

Overcoming Recruitment And Retention Challenges In Law Enforcement: A Systematic Review, Richard Odin Segovia

Faculty Publications and Presentations

Purpose: This systematic review explores the recruitment and retention challenges in law enforcement, focusing on their impact on operational effectiveness and community safety. The goal is to synthesize existing literature to identify research gaps and suggest directions for future studies. By examining qualitative and quantitative research, this review aims to provide practical strategies to improve recruitment and retention in law enforcement. Methods: Searches were conducted using Google Scholar, JSTOR, and ProQuest to capture a broad range of law enforcement recruitment and retention studies. The selection process involved a systematic search that yielded 135 records. After removing duplicates, 42 studies were …


Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony May 2024

Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

There are many issues related to noncommunicable disease care in federal prisons, which fall under the management of the U.S. Bureau of Prisons, a federal agency. Although there are many noncommunicable diseases, this comment specifically focuses on diabetes because of its prevalence (how common it is in individuals), especially in incarcerated individuals. Prison and incarceration are not conducive to the management of diabetes because diabetes may not even show symptoms until an individual mismanages the disease for a long time. An individual could first appear normal and then suffer a diabetic emergency, which could lead to consequences like heart attack …


Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall May 2024

Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall

Barry Law Review

No abstract provided.


Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta May 2024

Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Why We Should Stop Talking About Violent Offenders: Storytelling And Decarceration, Mira Edmonds May 2024

Why We Should Stop Talking About Violent Offenders: Storytelling And Decarceration, Mira Edmonds

Articles

The movement to decarcerate risks foundering because of its failure to grapple with so-called violent offenders, who make up nearly half of U.S. prisoners. The treatment of people serving sentences for offenses categorized as violent is a primary reason for the continued problem of mass incarceration, despite widespread awareness of the phenomenon and significant bipartisan interest in its reduction. People convicted of “violent offenses” are serving historically anomalous and excessively long sentences, are generally denied clemency and compassionate release, and are excluded from a wide array of legal reform and policy changes with decarceral aims. Keeping these people in prison …


Sexual Abuse: A Multi-Faceted Problem, Marcus Venable May 2024

Sexual Abuse: A Multi-Faceted Problem, Marcus Venable

LSU Doctoral Dissertations

On average, US citizens have experienced approximately 400,000 sexual assaults per year, which results in enormous immediate and long-term consequences for individuals, as well as society in general.

In the U.S., the principal method of combatting this crime has been the creation of Sex Offender Registries used to notify the public of the identity and location of convicted sex offenders who may be living in proximity to their residence. In addition to the Registry, laws have been passed forbidding convicted sex offenders from residing within buffer zones around areas of high child concentration [schools/parks/etc.].

The efficacy and consequences of these …