Law Commons^™

College Students’ Perceptions Of Law Enforcement And Legal Careers, Courtney Alley

Undergraduate Honors Theses

Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the …

Reversing The Decriminalization Of Sexual Violence, Lisa Avalos

Journal Articles

Sexual violence has largely been decriminalized in the United States through disbelief of victims, apathy on the part of law enforcement officers, and inaction on the part of institutions. Indeed, these mechanisms are so effective at burying the problem that most people are not aware of the extent of unprosecuted sexual violence, the woefully deficient law enforcement response, and the need for sweeping reform. The Article proceeds in two parts. Part I maps the extent of this problem and argues that the weakest link in the societal response to sexual assault lies at the juncture between victim and law enforcement. …

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Law Enforcement Welfare Checks And The Community Caretaking Exception To The Fourth Amendment Warrant Requirement, Andrea L. Steffan

Loyola of Los Angeles Law Review

No abstract provided.

Tasing The Constitution: Conducted Electrical Weapons, Other Forceful Arrest Means, And The Validity Of Subsequent Constitutional Rights Waivers, Andreas Kuersten

William & Mary Bill of Rights Journal

Conducted electrical weapons (CEWs)—the most famous and widely used of which are offered under the TASER brand—are ubiquitous tools of law enforcement, carried by the vast majority of law enforcement officers and routinely deployed. These devices subdue targets by coursing electric current through their bodies, thereby causing individuals to collapse as their muscles involuntarily contract. Yet this method of operation has raised concerns—voiced by researchers, advocates, and criminal defendants alike—that CEWs influence cognitive capacity in addition to muscle function as electric current potentially transits through the brain via the central nervous system. In the context of an arrest, this implicates …

The Politicization Of Crime And Its Implications, Komysha Hassan

The Pegasus Review: UCF Undergraduate Research Journal

The relationship between law enforcement and the public has recently come under scrutiny after a number of high-profile deaths of African-Americans at the hands of police officers. The ensuing public outcry has given way to a wide-ranging debate about the origins of such tension and why it has continued to manifest with such vigor despite apparent progress. This research attempts to uncover the underpinnings of this tension through a historical review of the development of the law enforcement institution and the narrative of crime in society. Specifically, this research investigates the role of federalization and politicization on crime and its …

Psychopathy And Police Officers: A Cross-Sectional Analysis Of The Relationship Between Psychopathic Traits And Police Work Across Temporal Factors, Hunter N. Moore

Student Theses

It’s estimated that psychopathic personalities constitute about 1% of the general population but is seen at elevated rates in particularly stressful and harsh environments (Babiak & Hare, 2006; Hare, 1996). A career in law enforcement is one known to be uniquely stressful (Lucas et al., 2012), and the trauma from their career seems to be having an impact on their personality (Wills & Schuldberg, 2016). While psychopathy traits have been reported in police officers (Próchniak, 2012), these traits have yet to be assessed as a function of time. The current study explores these relationships by assessing psychopathy traits, as measured …

Law Enforcement, Public Opinion, The Media, And Its Effects, Aaron Borcyk

Theses/Capstones/Creative Projects

The United States Bureau of Labor Statistics estimates that, in 2018, law enforcement workers made up about .8% of the country’s workforce. Given that they make up such a large percentage of the workforce plus the extreme public visibility of the profession by nature, law enforcement is a highly discussed topic. After the controversial officer-involved shootings of Michael Brown, Walter Scott, and Freddie Gray between 2014 and 2016 the credibility and integrity of law enforcement came into question. Law enforcement is depicted on many media platforms in many different ways; The current research leverages qualitative data obtained from in-depth oral …

Tear Gas + Water Hoses + Dispersal Orders: The Fourth Amendment Endorses Brutality In Protest Policing, Karen Pita Loor

Faculty Scholarship

Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable seizures. However, the Court showed extreme deference to law enforcement’s use of force by using a permissive reasonableness analysis that bestows on police great leeway to make quick split-second decisions in tense and rapidly evolving circumstances. The result is a test that, from its inception, has been too forgiving of police violence and misconduct. This lax reasonableness standard, along with qualified immunity principles, has shielded police from § 1983 civil rights …

State V. Pinkham: Erosion Of Meaningful Forth Amendment Protection For Vehicle Stops In Maine?, Roger M. Clement Jr.

Maine Law Review

In State v. Pinkham, the Maine Supreme Judicial Court, sitting as the Law Court, held that a police officer's stop of a motorist to inquire and advise about the motorist's improper-but not illegal-lane usage did not necessarily violate the Fourth Amendment's proscription against unreasonable seizures. The Pinkham decision is the first time that the Law Court has validated the stop of a moving vehicle in the absence of either a suspected violation of law or an imminent, ongoing threat to highway safety.
This Note considers whether the Law Court was correct in sustaining the police officer's stop of Ronald Pinkham. …

Digital Forensic Readiness: An Examination Of Law Enforcement Agencies In The State Of Maryland, James B. Mcnicholas Iii

Masters Theses & Doctoral Dissertations

Digital forensic readiness within the law enforcement community, especially at the local level, has gone mostly unexplored. As a result, a current lack of data exists that examines the digital forensic readiness of individual agencies, the possibility of proximity relationships, and correlations between readiness and backlogs. This quantitative, crosssectional research study sought to explore these issues by focusing on the state of Maryland. The study resulted in the creation of a digital forensic readiness scoring model that was then used to assign digital forensic readiness scores to thirty (30) of the one-hundred-forty-one (141) law enforcement agencies throughout Maryland. It was …

Clergy & Police A Semiotic Analysis Of Clergy On Patrol, Ricardo Estevan Reyes

Communication & Theatre Arts Theses

The Clergy On Patrol (COP) program is a collaboration between the Norfolk Police Department and community faith leaders of the Norfolk Urban Renewal Center. This study analyzed themes and patterns in the communicative relationship between police and clergy members, using a semiotic approach and the scholarship of intergroup communication. Additionally, an added secondary analysis of media coverage helped focus the results of the study using themes. This thesis merged the two semiotic analyses to examine a style of community policing that has lacked a closer eye.

This thesis guided itself by the argument that clergy-police collaborative programs structure …

Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur

Journal of Race, Gender, and Ethnicity

No abstract provided.

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Troubling Alliance Between Feminism And Policing, Aya Gruber

Publications

No abstract provided.

Job Stress Effects On Job Satisfaction And Attrition In 9-1-1 Call Centers, Damarys Jaile Gilligan

Theses and Dissertations

In 9-1-1 call centers across the nation the personnel shortage has become a crisis. The nature of the job of a 9-1-1 telecommunicator is stressful due to the high volume of emergency calls. This applied dissertation was designed to learn if there is a relationship between job stress, burnout levels, and job satisfaction in 9-1-1 telecommunicators. This was a nonexperimental quantitative survey research with a correlational approach. The population was a nonprobability convenience sample recruited through the Survey Monkey Audience platform. Data was collected at one point in time. A total of 37 participants took part in the study. All …

Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright

Journal of Race, Gender, and Ethnicity

No abstract provided.

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

All Faculty Scholarship

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …

A New Era: Digital Curtilage And Alexa-Enabled Smart Home Devices, Johanna Sanchez

Touro Law Review

No abstract provided.

In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis

Touro Law Review

No abstract provided.

Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell

Faculty Scholarship

Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …

Racial Profiling: Past, Present, And Future, David A. Harris

Articles

It has been more than two decades since the introduction of the first bill in Congress that addressed racial profiling in 1997. Between then and now, Congress never passed legislation on the topic, but more than half the states passed laws and many police departments put anti-profiling policies in place to combat it. The research and data on racial profiling has grown markedly over the last twenty-plus years. We know that the practice is real (contrary to many denials), and the data reveal racial profiling’s shortcomings and great social costs. Nevertheless, racial profiling persists. While it took root most prominently …

Profiling And Consent: Stops, Searches, And Seizures After Soto, Jeffrey A. Fagan, Amanda Geller

Faculty Scholarship

Following Soto v. State (1999), New Jersey was the first state to enter into a Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New Jersey Turnpike …