Law Commons^™

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors, Liana Brown

University of Miami International and Comparative Law Review

This note compares the training of police officers and its consequential effects in the United States versus that of Norway. In the United States, the lack of national training standards, in conjunction with an emphasis on technical skills and weaponry, has further perpetuated the “Warrior mindset.” The “Warrior mindset” reflects the rhetoric that officers are akin to combatants in a war, in which they have a duty to safeguard the rest of civilization against criminals that can strike at any moment. Contrastingly, the training programs for police officers in Norway include a consolidated and robust three-year education program that emphasizes …

Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia

University of Miami Race & Social Justice Law Review

No abstract provided.

Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman

University of Miami Race & Social Justice Law Review

The evolution of the juvenile criminal court system has involved a sharp movement away from the nineteenth century “rehabilitative ideal” to today’s state of hyperincarceration and punitive policies of control. Amongst the unintended and under-recognized harms of our carceral state includes a generation of minority children growing up with imprisoned parents. This analysis spotlights the tangible effects of parental incarceration on juvenile growth and development, which creates risks for further mass incarceration. This note suggests that restorative justice may offer an alternative method of “punishment” that can work towards breaking the connection between parental incarceration and adverse life outcomes for …

The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein

University of Miami Race & Social Justice Law Review

Although the Supreme Court’s recent decision in Obergefell v. Hodges provided some indication of equality for members of the LBGTQ community, the sad truth is that discrimination against those who do not identify as “heterosexual” reaches far deeper than the right to marry. This discrimination is especially present with regards to biased treatment by law enforcement officers and a lack of accommodations or protections within the court and prison systems. In a nation that has seen various groups of people fight for and earn their equality over and over again, it is truly concerning that the LGBTQ community is still …

Freeze, You’Re On Camera: Can Body Cameras Improve American Policing On The Streets And At The Borders?, Connie Felix Chen

University of Miami Inter-American Law Review

In the United States, recent killings of civilians by law enforcement have propelled body cameras to the forefront of solutions to the “epidemic” of police misconduct. Preliminary studies suggest that body cameras create a win-win situation for both the police and the public by producing a civilizing effect on all parties involved. The problem, however, is that not every law enforcement agency has a body camera program. And among those that do, the surprising lack of legal action raises the question: How effective are body cameras in ensuring that justice is served?

This Note discusses the use of body cameras …

Bringing Balance To The Force: The Militarization Of America’S Police Force And Its Consequences, Anta Plowden

University of Miami Law Review

The current trend in the militarization of police can be traced back to the earliest times in our country. We are soon approaching a tipping point in which the combination of aggressive military tactics, wrongful deaths and injuries, and a lack of accountability will lead to an increase in civil unrest and animosity towards those who have sworn to uphold the law. In an ironic twist of fate, the military force, which law enforcement is trying to emulate, has made sharp adjustments in the way it operates due to the missions in Iraq and Afghanistan. It has adopted more police-like …

Abetting Mass Prison Escape: A Defense, David W. Frank

University of Miami Race & Social Justice Law Review

No abstract provided.

You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino

University of Miami Race & Social Justice Law Review

No abstract provided.

The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith

University of Miami Race & Social Justice Law Review

No abstract provided.

A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones

University of Miami Race & Social Justice Law Review

No abstract provided.

Bilateral Maritime Counter-Drug And Immigrant Interdiction Agreements: Is This The World Of The Future?, Joseph E. Kramek

University of Miami Inter-American Law Review

No abstract provided.