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Law Enforcement and Corrections

2011

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Articles 1 - 30 of 119

Full-Text Articles in Law

Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai Dec 2011

Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai

Journal Articles

No abstract provided.


Law Enforcement & Race Relations, Leshuan D Oliver, Meshia Thomas, Gloria Graham Nov 2011

Law Enforcement & Race Relations, Leshuan D Oliver, Meshia Thomas, Gloria Graham

Black Issues Conference

"Know your rights"- this presentation explores the subject of Modern Law Enforcement and Race Relations. This interactive program facilitates the opportunity to take a historical overview of the Police and the community’s relationship, discuss current perceptions, expectations, and your rights with local Law Enforcement Officials.


Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom Nov 2011

Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom

Daniel Kanstroom

Recent statutory changes to the United States immigration law have resulted in a large increase in the number of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibiilty of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the …


Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom Oct 2011

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert M. Bloom

A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court cases and …


An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard Oct 2011

An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard

Michael Pinard

This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated …


Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …


Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin Oct 2011

Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …


Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons Oct 2011

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Faculty Publications

Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …


Moms Behind Bars: Motherhood In Eshowe Correctional Center, Indiana Gowland Oct 2011

Moms Behind Bars: Motherhood In Eshowe Correctional Center, Indiana Gowland

Independent Study Project (ISP) Collection

Motherhood represents a integral part of human life. In South Africa particularly, mothers are primarily responsible for caring for their families, often with little or no help from a male partner. But what happens to the notion of motherhood when women find themselves separated from their children or raising children in a restrictive and harsh environment? This study looks at the construction of motherhood within Eshowe Correctional Facility for Women. I conducted research as an attachment to Phoenix Zululand, an organization that provides rehabilitation services to inmates in the prisons of Zululand. For two weeks, I lead Phoenix's program “Starting …


Extending Hope Into "The Hole": Applying Graham V. Florida To Supermax Prisons, Joseph B. Allen Oct 2011

Extending Hope Into "The Hole": Applying Graham V. Florida To Supermax Prisons, Joseph B. Allen

William & Mary Bill of Rights Journal

No abstract provided.


Eye On Islam: Judicial Scrutiny Along The Religious Profiling/Suspect Description Reliance Spectrum, Lucas Mcmillen Sep 2011

Eye On Islam: Judicial Scrutiny Along The Religious Profiling/Suspect Description Reliance Spectrum, Lucas Mcmillen

University of St. Thomas Law Journal

No abstract provided.


What Works In Reducing Recidivism?, Edward J. Latessa Ph.D., Christopher Lowenkamp Ph.D. Sep 2011

What Works In Reducing Recidivism?, Edward J. Latessa Ph.D., Christopher Lowenkamp Ph.D.

University of St. Thomas Law Journal

No abstract provided.


Beaten By The System And Down For The Count: Why Poor Women Of Color And Children Don't Stand A Chance Against U.S. Drug-Sentencing Policy, Nekima Levy-Pounds Sep 2011

Beaten By The System And Down For The Count: Why Poor Women Of Color And Children Don't Stand A Chance Against U.S. Drug-Sentencing Policy, Nekima Levy-Pounds

University of St. Thomas Law Journal

No abstract provided.


Restorative Processes & Doing Justice, Paul H. Robinson Sep 2011

Restorative Processes & Doing Justice, Paul H. Robinson

University of St. Thomas Law Journal

No abstract provided.


Too Many Sticks, Not Enough Carrots: Limits And New Opportunities In American Crime Policy, Samuel Walker Sep 2011

Too Many Sticks, Not Enough Carrots: Limits And New Opportunities In American Crime Policy, Samuel Walker

University of St. Thomas Law Journal

No abstract provided.


Mass Incarceration And The Proliferation Of Criminal Records, James B. Jacobs Sep 2011

Mass Incarceration And The Proliferation Of Criminal Records, James B. Jacobs

University of St. Thomas Law Journal

No abstract provided.


Exploring Alternatives To The Incarceration Crisis, Paul H. Anderson Sep 2011

Exploring Alternatives To The Incarceration Crisis, Paul H. Anderson

University of St. Thomas Law Journal

No abstract provided.


The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti Sep 2011

The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti

Buffalo Public Interest Law Journal

No abstract provided.


The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy Sep 2011

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin Sep 2011

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …


Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr. Sep 2011

Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr.

University of Michigan Journal of Law Reform

Occasionally, criminals correctly interpret the law while courts err. Litigation pursuant to the federal Armed Career Criminal Act (ACCA) includes numerous examples. The ACCA imposes harsher sentences upon felons in possession of firearms with prior "violent felony" convictions. Over time, courts defined "violent" so contrary to its common meaning that it eventually came to encompass driving under the influence, unwanted touching, and the failure to report to correctional facilities. However, in a series of recent decisions, the Supreme Court has attempted to clarify the meaning of violent in the context of the ACCA and, in the process, excluded such offenses. …


J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson Sep 2011

J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson

Michigan Law Review First Impressions

This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …


A Brave New World Of Stop And Frisk, Ron Bacigal Sep 2011

A Brave New World Of Stop And Frisk, Ron Bacigal

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons Sep 2011

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood Sep 2011

A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Blurring The Boundaries Between Immigration And Crime Control After September 11th, Teresa Miller Jul 2011

Blurring The Boundaries Between Immigration And Crime Control After September 11th, Teresa Miller

Teresa A. Miller

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.


Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone Jul 2011

Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.

There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for financial …


Settling Through Consent Decree In Prison Reform Litigation: Exploring The Effects Of Rufo V. Inmates Of Suffolk County Jail, Gregory C. Keating Jun 2011

Settling Through Consent Decree In Prison Reform Litigation: Exploring The Effects Of Rufo V. Inmates Of Suffolk County Jail, Gregory C. Keating

Gregory C. Keating

No abstract provided.


Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii Jun 2011

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

Legislation and Policy Brief

In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution. Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.” After four years of …


The Police Gamesmanship Dilemma, Mary D. Fan Jun 2011

The Police Gamesmanship Dilemma, Mary D. Fan

Articles

Police gamesmanship poses a recurring regulatory challenge for constitutional criminal procedure, leading to zigzags and murky zones in the law such as the recent rule shifts regarding searches incident to arrest and interrogation. Police gamesmanship in the “competitive enterprise of ferreting out crime” involves tactics that press on blind spots, blurry regions or gaps in rules and remedies, undermining the purpose of the protections. Currently, courts generally avoid peering into the Pandora’s Box of police stratagems unless the circumvention of a protection becomes too obvious to ignore and requires a stopgap rule-patch that further complicates the maze of criminal procedure. …