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Series

2002

Law Enforcement and Corrections

Articles 1 - 16 of 16

Full-Text Articles in Law

A Lessons Learned Repository For Computer Forensics, Warren Harrison, George Heuston, Mark Morrissey, David Aucsmith, Sarah Mocas, Steve Russelle Oct 2002

A Lessons Learned Repository For Computer Forensics, Warren Harrison, George Heuston, Mark Morrissey, David Aucsmith, Sarah Mocas, Steve Russelle

Computer Science Faculty Publications and Presentations

The Law Enforcement community possesses a large, but informal, community memory with respect to digital forensics. Large, because the experiences of every forensics technician and investigator contribute to the whole. Informal because there is seldom an explicit mechanism for disseminating this wisdom except “over the water cooler”. As a consequence, the same problems and mistakes continue to resurface and the same solutions are re-invented. In order to better exploit this informal collection of wisdom, the key points of each experience can be placed into a Repository for later dissemination. We describe a web-based Lessons Learned Repository (LLR) that facilitates contribution ...


Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson May 2002

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

Faculty Scholarship at Penn Law

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice ...


Amusing Monsters, Anthony P. Farley Mar 2002

Amusing Monsters, Anthony P. Farley

Boston College Law School Faculty Papers

In this review of Austin Sarat’s important book When the State Kills: Capital Punishment and the American Condition, the reviewer invokes Thomas Hobbes’ Leviathan to inform our understanding of the killing state. Because capital punishment is carried out pursuant to the democratic processes, the execution involves us all, done as it is in our name. Those committed to the end of the killing state, and to the end of the violent hierarchies that allow the killing state to exist, will find Surat’s book “a valuable articulation of a committed and responsible approach to the problems of our time.”


Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii Jan 2002

Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii

Faculty Publications

Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September ...


Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi Jan 2002

Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi

Articles

No abstract provided.


Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg Jan 2002

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Reports

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings ...


America’S Death Penalty: Just Another Form Of Violence, John Bessler Jan 2002

America’S Death Penalty: Just Another Form Of Violence, John Bessler

All Faculty Scholarship

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.


Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper Jan 2002

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis ...


Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin Jan 2002

Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In 1995 New York State revived the death penalty as a punishment for certain categories of murder, and established a “death row” for condemned men at the Clinton Correctional Facility in Dannemora, New York (variously, “Clinton” or the “Prison”). Four years later, in October 1999, two committees of the Association of the Bar of the City of New York (the “Association”) joined together to study the conditions of confinement on this death row--or, as it is officially called, the Unit for Condemned Persons (the “UCP”). These committees--the Committee on Corrections and the Committee on Capital Punishment--formed a joint subcommittee (the ...


Hate Crimes And Everyday Discrimination: Influences Of And On The Social Context, Lu-In Wang Jan 2002

Hate Crimes And Everyday Discrimination: Influences Of And On The Social Context, Lu-In Wang

Articles

This article discusses aspects of hate crime that make it somewhat unexceptional. By making these points, I do not in any way mean to imply that hate crime is not a problem worthy of attention in the law. To the contrary, I believe that to point out the unexceptional aspects of hate crimes is to highlight just how important a problem hate crime is, and may help us to develop more effective ways of addressing it. My points are based largely on lessons drawn from social science and historical research on the effects of and motivations behind bias-related violence. Specifically ...


Law Enforcement Under Incomplete Law: Theory And Evidence From Financial Market Regulation, Chenggang Xu, Katharina Pistor Jan 2002

Law Enforcement Under Incomplete Law: Theory And Evidence From Financial Market Regulation, Chenggang Xu, Katharina Pistor

Faculty Scholarship

This paper studies the design of law-making and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure, defined as the social-welfare loss that results from the regime's inability to deter harmful actions. As a potential remedy a regulatory regime is introduced. The major functional difference between courts and regulators is that courts enforce law reactively, that is only once others have initiated law enforcement procedures, while regulators enforce law proactively, i.e. on their own initiative. Proactive law enforcement may be superior in preventing ...


Racial Profiling Under Attack, Samuel R. Gross, D. Livingston Jan 2002

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in ...


Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames Jan 2002

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

Articles

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been ...


Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky Jan 2002

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.


Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater Jan 2002

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

Articles in Law Reviews & Other Academic Journals

The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As ...


The Preventive Effects Of Arrest On Intimate Partner Violence: Research, Policy And Theory, Christopher D. Maxwell, Joel H. Garner, Jeffrey A. Fagan Jan 2002

The Preventive Effects Of Arrest On Intimate Partner Violence: Research, Policy And Theory, Christopher D. Maxwell, Joel H. Garner, Jeffrey A. Fagan

Faculty Scholarship

This research addresses the limitations of prior analyses and reviews of five experiments testing for the specific deterrent effect of arrest on intimate partner violence by applying to individual level data consistent eligibility criteria, common independent and outcome measures, and appropriate statistical tests. Based on 4,032 cases involving adult males who assaulted their female intimate partners, multivariate regression analyses show consistent but modest reductions in subsequent offenses targeting the original victim that is attributable to arresting the suspect. Although the reductions attributable to arrest are similar across all five studies, other factors, such as the suspect's prior arrest ...