Law Commons^™

The Effects Of Firearm Use On Police Officers, Quinn M. Beers

Sociology & Criminal Justice Theses & Dissertations

The use of firearms by police officers is a subject that has not received much attention in past research. It is a rare occurrence for police officers to have fire their weapon in the line duty, which has also made this area of law enforcement difficult to study. In addition, little data is kept on the extent of firearm use by police officers. Several theories have been proposed to explain firearm use by police officers as well as how officers decide to use their weapon or not.

Ninety-two police officers from the city of Newport News, Virginia completed a survey …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Overview: Four Models Of Police-Government Relationships, Kent Roach

Conferences and Workshops

This chapter provides an introduction to police-governmental relations in Canada. It does so by outlining the law and history of police-government relations in Canada, constructing four different models of police-governmental relations and identifying critical issues that distinguish different approaches to police independence.

The first part of the chapter examines the contested legal basis for claims of police independence from government with a focus on the Supreme Court of Canada’s pronouncements on this issue in R. v. Campbell and Shirose. The second part examines highlights of the history of police-government relationships. Controversies such as the Nicholson affair, the Airbus, Doug Small …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Idea Of The Political "Independence" Of The Police: International Interpretations And Experiences, Philip Stenning

Conferences and Workshops

This chapter serves to clarify some of the key concepts. By graphically illustrating the relationship between degrees of ‘control’ and degrees of accountability it is argued that the two concepts are not incompatible. The term independence is then used in the chapter to refer only to decision-making that falls in what is pictured as the fourth quadrant: ‘full accountability’ with ‘no control’. The chapter then outlines the scope or range of the potentially ‘independent’ decision-making tasks.

Stenning discusses the growth of the ‘doctrine of police independence’. It is argued that what we might assume is a widely held value favouring …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Memorandum Re June 28-29, 2004 Symposium

Conferences and Workshops

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: Agenda

Conferences and Workshops

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Oversight Of Executive Police Relations In Canada: The Constitution, The Courts, Administrative Processes And Democratic Governance, Lorne Sossin

Conferences and Workshops

This chapter critically examines two central questions. First, what are the mechanisms which constrain and define executive accountability and police oversight in Canada? Second, can the need for the police to remain above partisan politics and beyond manipulation by the government of the day be reconciled with these mechanisms of governance and accountability? Sossin argues that an apolitical and autonomous model is best suited to the dynamics of policing in a constitutional democracy such as Canada, and has the potential to balance the need for political input into policing while countering inappropriate political interference in policing.

The executive-police relationship is …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Legal Sites Of Executive-Police Relations: Core Principles In A Canadian Context, Dianne L. Martin

Conferences and Workshops

This chapter provides an overview of the multiple sites where the governance of police in a democratic society is negotiated, with examples and solutions drawn from policy documents, public inquiries, legislation, and case law. Multiple factors bear on the ways that this intricately structured legal relationship is worked out in day-to-day situations, including political, institutional and legal influences. Bearing in mind the political and institutional contexts, this chapter examine the legal instruments and institutions that both structure the relationship and are part of resolving the inevitable conflicts that arise between these two very general concepts. The central argument is that …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The History And The Future Of The Politics Of Policing, Margaret Beare

Conferences and Workshops

This chapter examines the operational realities of the police executive linkages—beyond the official dictates of the law and the desired position expressed in ideological discourses on police independence. Paper draws primarily on historical and criminological literature and research, and public inquiries.

The central argument of this paper is that, while there may be a somewhat clear-cut division between the’ policy’ versus the ‘operational’ control of the police by the State in law and in rhetoric, the reality is quite different. The relationship between the State and the police is a dynamic relationship that changes to reflect the nature of the …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Police-Government Relations In The Context Of State-Aboriginal Relations, Gordon Christie

Conferences and Workshops

Common debates over government-police relations share a certain structure – the main realm of contention revolves around questions about how to resolve tension between the concern that the police should be free to act independent of political interference and the concern that the police should, in a liberal democracy, be held accountable for their actions. This paper looks at this tension in the context of state- Aboriginal relations, a process of contextualization that casts a critical eye on the efficacy of the typical forms of analysis that arise from this debate.

The first stage of analysis provides a contrast for …

Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson

All Faculty Scholarship

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal …

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas

All Faculty Scholarship

Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Michigan Law Review

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …

Private Rap Sheet Or Public Record? Reconciling The Disclosure Of Nonconviction Information Under Washington's Public Disclosure And Criminal Records Privacy Acts, Lynette Meachum

Washington Law Review

Division I of the Washington State Court of Appeals misapplies Washington's Criminal Records Privacy Act (CRPA) in determining whether entire files of police investigative information should be available for public review. The plain text and legislative history of the CRPA indicate that the Washington State Legislature intended the CRPA to apply only to the disclosure of criminal history record information, or the data that appears on a subject's criminal rap sheet. Washington courts should interpret the CRPA narrowly, as an exemption to the broad policy of disclosure established by the state's Public Disclosure Act (PDA). This approach would reconcile the …

Pleas' Progress, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …

The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler

All Faculty Scholarship

This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by …

Tucker V. Ozmint 350 F.3d 433 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

Quiet Eyes: The Need For Defense Counsel's Presence At Court-Ordered Psychiatric Evaluations, Maxwell C. Smith

Capital Defense Journal

No abstract provided.

The Criminal Brain: Frontal Lobe Dysfunction Evidence In Capital Proceedings, Jessie A. Seiden

Capital Defense Journal

No abstract provided.

Wilson V. Ozmint 352 F.3d 847 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

(Jerry) Jackson V. Commonwealth 590 S.E.2d 520 (Va. 2004)

Capital Defense Journal

No abstract provided.

Johnson V. Commonwealth 591 S.E.2d 47 (Va. 2004)

Capital Defense Journal

No abstract provided.

Palmer V. Clarke 293 F. Supp. 2d 1011 (D. Neb. 2003)

Capital Defense Journal

No abstract provided.

Prejudiced By The Presence Of God: Keeping Religious Material Out Of Death Penalty Deliberations, Terrence T. Egland

Capital Defense Journal

No abstract provided.

Standby Me: Self-Representation And Standby Counsel In A Capital Case, Meghan H. Morgan

Capital Defense Journal

No abstract provided.

Mitchell V. Esparza 124 S. Ct. 7 (2003) (Per Curiam)

Capital Defense Journal

No abstract provided.

Orbe V. True No. 03-4, 2003 Wl 22920337, At *1 (4th Cir. Dec. 11, 2003)

Capital Defense Journal

No abstract provided.

Reid V. True 349 F.3d 788 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

United States V. Higgs 353 F.3d 281 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

Hudson V. Commonwealth 590 S.E.2d 362 (Va. 2004)

Capital Defense Journal

No abstract provided.