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Full-Text Articles in Law

Unreasonable Traffic Stops, Sam Kamin May 2024

Unreasonable Traffic Stops, Sam Kamin

William & Mary Law Review

In 1996, the Supreme Court announced in Whren v. United States that a traffic stop is constitutional if there is probable cause to believe a traffic infraction has occurred. So long as the officers who stop an individual can point—even after the fact—to any violation of the traffic laws, their actual, subjective motivations for initiating a stop are legally irrelevant. Case-by-case determination of reasonableness is unnecessary in the traffic stop context, the Court concluded, because the balancing of interests has already been done. Unlike warrantless entries into homes, the use of deadly force, or unannounced warranted entries, a traffic stop …


Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis Apr 2022

Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis

William & Mary Law Review

In Terry v. Ohio, the Supreme Court granted law enforcement broad power to perform a limited stop and search of someone when an officer has reasonable suspicion that the person is engaged in criminal activity. The resulting “Terry stop” created a way for police officers to investigate a suspicious person without requiring full probable cause for an arrest. The officer need only have “reasonable suspicion supported by articulable facts” based on the circumstances and the officer’s policing “experience that criminal activity may be afoot.” Reasonable suspicion is—by design—a broad standard, deferential to police officers’ judgment. Law enforcement officers …


Race-Based Remedies In Criminal Law, Ion Meyn Oct 2021

Race-Based Remedies In Criminal Law, Ion Meyn

William & Mary Law Review

This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring public safety. As jurisdictions assiduously attempt race-neutral fixes, they also acknowledge the shortcomings of such interventions. Nevertheless, jurisdictions dismiss the feasibility of deploying more effective race-conscious strategies due to the shadow of a constitutional challenge. The apprehension is understandable. Debates around affirmative action in higher education and government contracting reveal fierce hostility toward race-based remedies.

This Article, …


The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher Feb 2016

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.


Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred Apr 2014

Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred

William & Mary Law Review

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …


The Good Cop: Knowing The Difference Between Lawful Or Effective Policing And Rightful Policing — And Why It Matters, Tracey L. Meares May 2013

The Good Cop: Knowing The Difference Between Lawful Or Effective Policing And Rightful Policing — And Why It Matters, Tracey L. Meares

William & Mary Law Review

My Essay will proceed in four parts. First, I will lay out the two often-used metrics of police evaluation, lawfulness and crimefighting effectiveness. Next, I will explain the theoretical foundation underlying the third way, which is what I am calling rightful policing. In the third Section, I will present an overview of empirical work that I have done in collaboration with my colleague, Tom Tyler, and others. This work demonstrates that ordinary people care a great deal about the theoretical precepts underlying rightful policing. In the Essay’s last Section, I will conclude with some implications of both the theory and …


Contracting For Performance: Restructuring The Private Prison Market, Peter H. Kyle May 2013

Contracting For Performance: Restructuring The Private Prison Market, Peter H. Kyle

William & Mary Law Review

No abstract provided.


Exempting Police From 18 U.S.C. § 924(C) , Noah A. Kuschel Mar 2010

Exempting Police From 18 U.S.C. § 924(C) , Noah A. Kuschel

William & Mary Law Review

No abstract provided.


Federal Habeas Corpus: Limitations On Successive Applications From The Same Prisoner, Richard A. Williamson Dec 1973

Federal Habeas Corpus: Limitations On Successive Applications From The Same Prisoner, Richard A. Williamson

William & Mary Law Review

No abstract provided.


Justifiable Use Of Deadly Force By The Police: A Statutory Survey, Nicholas J. Deroma Oct 1970

Justifiable Use Of Deadly Force By The Police: A Statutory Survey, Nicholas J. Deroma

William & Mary Law Review

No abstract provided.


Judicial Intervention In Prison Administration, Charles E. Friend Oct 1967

Judicial Intervention In Prison Administration, Charles E. Friend

William & Mary Law Review

No abstract provided.


Crime Control - Whose Responsibility Is It?, Howard B. Gill Jan 1964

Crime Control - Whose Responsibility Is It?, Howard B. Gill

William & Mary Law Review

No abstract provided.