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Articles 1 - 12 of 12
Full-Text Articles in Law
Unreasonable Traffic Stops, Sam Kamin
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
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
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
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
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
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
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
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
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
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
Judicial Intervention In Prison Administration, Charles E. Friend
William & Mary Law Review
No abstract provided.
Crime Control - Whose Responsibility Is It?, Howard B. Gill
Crime Control - Whose Responsibility Is It?, Howard B. Gill
William & Mary Law Review
No abstract provided.