Law Commons^™

Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan

Georgia Journal of International & Comparative Law

No abstract provided.

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Georgia Journal of International & Comparative Law

No abstract provided.

The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa

Michigan Journal of Race and Law

Religion plays a vital role in the daily lives of many prisoners. For incarcerated persons, a connection to the divine can provide comfort during periods of isolation from their family and community. From a policy perspective, spiritual development and religious practice promote rehabilitation and reduce recidivism in inmates. While prisoners forfeit many of their civil liberties, Congress has ensured that religious exercise is not among them. As Congress enhanced religious freedom protections for prisoners, prison facilities became increasingly concerned that prisoners would feign religiosity to gain certain religious accommodations. To counter this concern, prison facilities conditioned accommodations on the sincerity …

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Indiana Law Journal

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled …

Future Of The Fourth Amendment: The Problem With Privacy, Poverty And Policing, Kami Chavis Simmons

Faculty Publications

For decades, the reasonable expectation of privacy has been the primary standard by which courts have determined whether a "search" has occurred within the meaning of the Fourth Amendment. The Supreme Court's recent decision in U.S. v. Jones, however, has reinvigorated the physical trespass doctrine's importance when determining whether there has been a "search" triggering constitutional protection. Recognizing the unpredictability of the reasonable expectation of privacy doctrine and that doctrine's bias against the urban poor, many scholars hope that the Jones opinion may ameliorate the class divide that has developed in Fourth Amendment jurisprudence.

This Article argues that while …

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Faculty Publications

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.

New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell

Georgia Journal of International & Comparative Law

No abstract provided.

Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.

An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith

Reports

"Though many correctional agencies have taken steps to comply with PREA standards and create safer environments for individuals in their care, inmates in custody still face sexual abuse and harassment by staff or other inmates. Staff and inmates still report problems identifying those at risk of sexual abuse, reporting sexual abuse, and holding those responsible for sexual abuse accountable. This publication is a tool for educating inmates about legal and other mechanisms, including the Prison Rape Elimination Act (PREA), that can provide protection and redress from sexual abuse in custodial settings" (p. 5). Sections of this handbook are: introduction; what …

Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger

West Virginia Law Review

No abstract provided.

Study On China’S Dual Maritime Law Enforcement System, Yu Chen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Impact Of The Implementation Of Tokyo Mou New Inspection Regiem On Port State Control In Yantian Of Shenzhen And Countermeasures, Fangming Xiao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

A Study On The Domestic Application Of Maritime Labour Convention 2006 In China, Sha Yi

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger Dunham, Geoffrey Alpert

Roger G. Dunham Dr.

No abstract provided.

Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham

Roger G. Dunham Dr.

No abstract provided.

Remedial Discretion In Constitutional Adjudication, John M. Greabe

Buffalo Law Review

No abstract provided.

Examining Student Perceptions: Ethics And Misconduct In Today's Police Department, William Andrew Davis

Master's Theses

Police ethics and decision making are issues of concern to both academic scholars and police leaders. While previous studies have focused on perceptions of police officers, little research has focused on the perceptions of young people about police ethical decision-making. This study aims to capture such perceptions from a cohort of college students majoring in criminal justice. Students from an undergraduate criminal justice program (n=263) were surveyed to determine their attitudes toward various ethical components of police work, including the prevalence of misconduct and the impact of a college education on ethical decision-making. Moreover, the effect of successful completion of …

Interpersonal Needs And Suicide: Strengthening Measurement In An Offender Population, Rose Angeline Gonzalez

Dissertations

A disproportionate number of prisoners suffer from mental illness and engage in suicidal ideation or behaviors when compared to community adults (Tartaro & Lester, 2005; Torrey, Kennard, Eslinger, Lamb, & Pavle, 2010), placing a heavy burden on the correctional system for both housing and mental health treatment (Baillargeon et al., 2009). The Interpersonal-Psychological (IP) theory has been offered as a comprehensive framework for understanding and evaluating suicide risk (Joiner, 2005). The theory delineates two components that underlie both suicidal ideation and suicide behaviors, called interpersonal needs and acquired capability (Joiner, 2005). Although this theory could offer a clinically useful method …

Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger

All Faculty Scholarship

No abstract provided.

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

Joseph P. Kennedy

No abstract provided.

E-Citation $5 Fee Authorized In Tennessee, Karen Blake

Karen Blake

A short description of recent legislation permitting Tennessee cities to adopt a $5 e-citation fee for a period of 5 years.

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

All Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …

Exploring Police Shootings And Officer Survivability: A Case Study, Amanda Leigh Farrell

Sociology & Criminal Justice Theses & Dissertations

Police shootings are incidents that have lasting effects on the officers involved, the department to which they belong and the community at large, yet these events are rarely discussed holistically with consideration given to the multiple parties impacted. Given the significant impacts, officer survivability and resilience in the aftermath of a shooting incident have become a topic with which most modern police agencies are concerned. While this number of lethal incidents may seem surprisingly low, there is often a narrow focus on the shooting incident itself, with little attention paid to pre-event factors or to the long and short term …

Reconstructing Constitutional Punishment, Paulo D. Barrozo

Paulo Barrozo

Constitutional orders punish — and they punish abundantly. However, analysis of the constitutionality of punishment tends to be reactive, focusing on constitutional violations. Considered in this light, the approach to constitutional punishment rests on conditions of unconstitutionality rather than proactively on the constitutional foundations of punishment as a legitimate liberal-democratic practice. Reactive approaches are predominantly informed by moral theories about the conditions under which punishment is legitimate. In contrast, proactive approaches call for a political theory of punishment as a legitimate practice of polities. This Article integrates the reactive and proactive approaches by bridging the divide between moral and political …

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Martin A. Schwartz

No abstract provided.

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …

Police Officer Stress, Loping Mechanisms, And Family Life, Maria Apruzzese

Honors Theses

Law Enforcement Officers experience stress for a variety of reasons that are related to both the nature and the organization of police work. Consequences of stress are felt by the police department, the individual, as well as their family. Building on previous research in this area, this project describes thirteen in-depth interviews with officers and their significant others in an effort to understand the impact of police stress on work and family life and vice versa. Officers were found to struggle between balancing their police role and home life. The family serves as both a coping resource for the officer …