Law Commons^™

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

University of Michigan Journal of Law Reform

Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States. Aggressive enforcement practices and mandatory sentencing laws have an impact beyond the individuals who are arrested, convicted, and incarcerated. These policies have wide-ranging and enduring ripple effects throughout the communities that are most heavily impacted by criminal laws, predominantly urban and minority neighborhoods. Criminal justice policies broadly impact everything from voter turnout and engagement, to serving on juries, participating in popular protests, census data, and the way officials draw legislative districts. The …

Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark

BYU Law Review

The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes …

Race, Prison Discipline, And The Law, Andrea C. Armstrong

UC Irvine Law Review

No abstract provided.

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

University of Richmond Law Review

No abstract provided.

The Fiscal Savings Of Accessing The Right To Legal Counsel Within Twenty-Four Hours Of Arrest: Chicago And Cook County, 2013, Bryan L. Sykes, Eliza Solowiej, Evelyn J. Patterson

UC Irvine Law Review

No abstract provided.

Violence And Police Diversity: A Call For Research, Mary D. Fan

BYU Law Review

Deaths and protests in places where predominantly-white police forces patrol majority-black communities have focused the national spotlight on concerns over unrepresentative police forces. Responding to the controversy, mayors and police chiefs in cities across the nation are announcing goals to hire more minority officers. But does police diversification actually reduce the risk of violence in police encounters? This Article addresses this timely question of legal and practical import to communities seeking to prevent violence and pursue policies that survive constitutional scrutiny.

Drawing on restricted-access Centers for Disease Control data and social-psychological insights, this Article shows that there is a good …

Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell

St. John's Law Review

(Excerpt)

Part I traces the historical roots of the relationship between local police and federal immigration authorities, beginning with the changes in enforcement strategy precipitated by the September 11, 2001 attacks and leading up to the launch of S-Comm. The federal government's increased reliance on local police to supplement its internal enforcement efforts has raised several Tenth Amendment concerns as the states struggle to define the proper scope of their "inherent authority" to act in immigration matters, with officials in some so-called sanctuary cities insisting that their inherent authority to enforce federal immigration law is commensurate with the sovereign right …

Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota

Michigan Law Review First Impressions

Who (if anyone) is criminally responsible for the death of Freddie Gray, the 25-year-old African-American man who died from injuries suffered while in the custody of Baltimore police? This question has been at the forefront of the extensive coverage of Gray’s death, which has inspired a national discussion about law enforcement’s relationship with black communities. But it is also a question that may never be fairly resolved for reasons wholly unrelated to the topic of community policing, with which Gray’s death has become synonymous. What may ultimately hamper the administration of justice in the prosecution of the police officers involved …

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …

The Future Of Confession Law: Toward Rules For The Voluntariness Test, Eve Brensike Primus

Michigan Law Review

Confession law is in a state of collapse. Fifty years ago, three different doctrines imposed constitutional limits on the admissibility of confessions in criminal cases: Miranda doctrine under the Fifth Amendment, Massiah doctrine under the Sixth Amendment, and voluntariness doctrine under the Due Process Clauses of the Fifth and Fourteenth Amendments. But in recent years, the Supreme Court has gutted Miranda and Massiah, effectively leaving suspects with only voluntariness doctrine to protect them during police interrogations. The voluntariness test is a notoriously vague case-by-case standard. In this Article, I argue that if voluntariness is going to be the framework for …

The District Court Tried To Make Me Go To Rehab, The Eleventh Circuit Said "No, No, No": The Divide Over Rehabilitation's Role In Criminal Sentencing And The Need For Reform Following United States V. Vandergrift, Kristen Ashe

Villanova Law Review

No abstract provided.

Strip Searching In The Age Of Colorblind Racism: The Disparate Impact Of Florence V. Board Of Chosen Freeholders Of The County Of Burlington, André Keeton

Michigan Journal of Race and Law

In 2012, the Supreme Court of the United States decided Florence v. Board of Chosen Freeholders of the County of Burlington. The Court held that full strip searches, including cavity searches, are permissible regardless of the existence of basic reasonable suspicion that the arrestee is in possession of contraband. Further, the Court held that law enforcement may conduct full strip searches after arresting an individual for a minor offense and irrespective of the circumstances surrounding the arrest. These holdings upended typical search jurisprudence. Florence sanctions the overreach of state power and extends to law enforcement and corrections officers the unfettered …

Human Rights And Prison Rape, Lenny Gallo

21st Century Social Justice

Prison Rape is a common occurrence in America’s penal institutions. Sexual assault occurs most frequently on juveniles, the LGBT community, and people who are weak in stature. To combat this problem, The Prison Rape Elimination Act (PREA), passed in 2003 with bipartisan support and the backing of special interest groups, was envisioned as a human rights milestone. Prison rape is assumed by an apathetic public to be an expected part of the incarceration experience. PREA, in addition to encountering major time setbacks in implementation, has not become a human rights milestone and, even where it has been implemented, is often …

Cleaning The Dirty Laundry: Washing Out Law Enforcement's Prejudicial Comments, Ted Haller

University of St. Thomas Law Journal

No abstract provided.

Book Review: Justice Without Trial: Law Enforcement In A Democratic Society, Allan S. Hoffman

Akron Law Review

It is a well recognized fact that the vast bulk of criminal convictions are obtained by inducing the accused to plead guilty. Consequently, the natural conclusion to be drawn is that American criminal justice is for the most part administered outside of the judiciary-hence the title of this book: Justice Without Trial. The work is an examination by a sociologist (narrower in scope than the title might indicate) into the operation of a city police department, and ". . . how those who are charged with enforcing criminal law in a constitutional democracy come to interpret rules of constraint-thereby giving …

Entrapment - An End? State V. Rowan, Kenneth D. Morse

Akron Law Review

Rowan creates a trap for the individual who is confronted by the undercover narcotics agent and who had no intention of committing the crime. That the crime is more likely to occur under Rowan cannot be doubted. It is of utmost significance that the narcotics agent may sell and deliver drugs. Courts cannot ignore a change of social mores which have occurred. 25 More and more people are willing to accept the existence of conduct which was previously branded as criminal behavior. It is precisely these people that the Rowan decision sets out to trap.

Seizure By Roadblock: Decisional Law On The Constitutionality Of Drunk Driving Roadblocks, Scott Freed

Akron Law Review

This comment will examine decisions addressing the constitutionality of roadblock stops. First, it will examine Delaware v. Prouse and other Supreme Court decisions which have developed what is referred to as the neutral criteria standard for judging the reasonableness of temporary automobile seizures at roadblock-type stops. Under the neutral criteria standard, law enforcement officers may conduct suspicionless seizures of vehicles at roadblocks for certain specific purposes. The neutral criteria standard requires that the seizure be carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers. Second, the comment will examine decisions which have found …

Can Soldiers Be Peace Officers? The Waco Disaster And The Militarization Of American Law Enforcement, David B. Kopel, Paul M. Blackman

Akron Law Review

One of the most significant trends of federal law enforcement in the last fifteen years has been its militarization. The logical, perhaps inevitable, consequence of that militarization was seen in the disaster at Waco, Texas, resulting in the deaths of four federal agents, and seventy-six other men, women, and children. In this article, we use the Waco tragedy as a starting point to examine the militarization of federal law enforcement, and similar trends at the state and local level.

Part Two of this article sets forth the details and rationale of the Posse Comitatus Act--the 1878 law forbidding use of …

Kirsch V. Wisconsin Department Of Corrections: Will The Supreme Court Say "Hands Off" Again?, Owen J. Rarric

Akron Law Review

This Note examines the struggle of prison inmates to gain access to religious materials; materials that have been forbidden by prison officials. Part II of the Note will examine the historical development of inmates’ constitutional rights. It will also analyze the Supreme Court’s standard for reviewing prison regulations involving inmates’ constitutional rights. Moreover, the Note discusses Congress’ attempt to set the standard of review. The Note then examines the significance of the Kirsch decision. Finally, the Note analyzes the fourth factor of the Turner Standard used in Kirsch and explores the possible effect of a new legislative act on prisoners’ …

Bray V. Russell: The Constitutionality Of The "Bad Time" Statute, Erin Kae Cardinal

Akron Law Review

This Note analyzes the Court’s decision in Bray. Part II presents an overview of sentencing systems in the United States, the bad time penalty, and a brief background of the doctrine of separation of powers. Part III presents the facts, procedural history, and holding of Bray. Part IV analyzes the Court’s holding pursuant to the Due Process Clause rather than the doctrine of separation of powers. This Note concludes that although the bad time statute is unconstitutional as a violation of the doctrine of separation of powers, the court could have alternatively decided that the bad time statute also violates …

Tyler V. Cain: A Fork In The Path For Habeas Corpus Or The End Of The Road For Collateral Review?, Ronn Gehring

Akron Law Review

Tyler v. Cain is the latest decision in the ongoing evolution of the retroactivity doctrine in habeas corpus proceedings. The main issue this note presents is whether a state or federal inmate may apply a new constitutional rule promulgated by the Supreme Court retroactively on collateral review through a second or successive petition for habeas corpus, even though the rule was not applicable to the inmate’s original case. Under English common law, all new rules applied retroactively on both direct and collateral review. However, a divergence has occurred under American jurisprudence as to when new constitutional rules announced by the …

Sex Slavery In The Lone Star State: Does The Texas Human Trafficking Legislation Of 2011 Protect Minors?, Cheryl Nelson Butler

Akron Law Review

This Article argues that, while Texas has made great strides in its movement to combat child trafficking, there are three major areas in which further reform is needed. First, Texas should provide stronger protections for not only minors trafficked for sex, but also those trafficked for labor. Second, Texas law must shift its emphasis from prosecution of traffickers to a more balanced approach that also prioritizes the protection of minors and the prevention of future trafficking crimes against them. Third, Texas should adopt safe harbor provisions that reflect a child welfare response toward prostituted minors

Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak

Pace Law Review

This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …

Full Disclosure: Cognitive Science, Informants, And Search Warrant Scrutiny, Mary Nicol Bowman

Akron Law Review

This article aims to improve the quality of evidence gathering and interpretation at one crucial phase of investigations: the evaluation of search warrant applications. Part II of this article provides background on the search warrant application process, including how courts evaluate such applications based on informants’ tips and how defendants can subsequently challenge those decisions. Part III then discusses the ways in which cognitive biases can affect each stage of the search warrant process. Part IV provides my suggested solutions to the problems identified, all of which fall under the general umbrella of full disclosure. That part argues that education …

Criminal Mind Or Inculpable Adolescence? A Glimpse At The History, Failures, And Required Changes Of The American Juvenile Correction System, Christopher J. Menihan

Pace Law Review

This Comment provides an historical analysis of the principles, understandings and laws that have formed and altered the American juvenile correction system. Part I offers an historical synopsis of the societal understanding that juvenile offenders are less culpable than their adult counterparts and explains the process by which this concept came to permeate early American common law. By discussing the early nineteenth-century juvenile correction reformation movement and the cases that followed, Part I also illustrates the development and early failures of the American juvenile correction system. Part II explains the history of juvenile waiver laws, from their early presence in …

Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf

Pace Law Review

Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants national attention.

To reduce the …

Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey

Michigan Telecommunications & Technology Law Review

The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause. …

#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning

Pace Law Review

In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness …

The Challenges Of Preventing And Prosecuting Social Media Crimes, Thaddeus Hoffmeister

Pace Law Review

The adoption and use of social media by a broad spectrum of criminal defendants has raised some significant challenges for those tasked with crime prevention. This article will look at those challenges through the lens of three cases involving social media: United States v. Drew, United States v. Sayer, and United States v. Cassidy. However, prior to beginning that examination, this article will briefly discuss and categorize the various ways criminal defendants employ social media.