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Full-Text Articles in Law

Servant Leadership: The Change Needed In Law Enforcement, Shane H. Shetler Feb 2024

Servant Leadership: The Change Needed In Law Enforcement, Shane H. Shetler

Doctoral Dissertations and Projects

Servant leadership is a moral-based form of leadership in which leaders place the well-being of followers before their own (Canavesi & Minelli, 2022). It is a theory that has gained increased notoriety over the past several decades. Despite this, there remains a limited amount of empirical research on it and its potential benefits. However, several professions have adopted it, and their results have been positive. Leadership change is needed in many professions, and law enforcement is no exception. The policing profession faces many challenges, such as recruiting quality candidates and retaining existing personnel. Furthermore, the challenges plaguing policing also exert …


Lethal Immigration Enforcement, Abel Rodríguez Jan 2024

Lethal Immigration Enforcement, Abel Rodríguez

Faculty Publications

Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clinton-era policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths per day. A record 853 border crossers died last year, and the deadliest known transporting incident took place in June 2022, with fifty-one lives lost. In addition, widespread neglect continues to cause loss of life in immigration detention, immigration enforcement agents kill migrants with virtual impunity, and immigration law ensures …


Abolition And Environmental Justice, Allegra M. Mcleod Sep 2023

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …


Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two, Patrick Oliver Jul 2023

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two, Patrick Oliver

History and Government Faculty Publications

No abstract provided.


Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short May 2023

Are Third Parties Creating A Loophole For Police Investigations?, Alexandria N. Short

Northern Illinois Law Review Supplement

This article discusses the current case law and statutory law related to the privacy of information collected by third parties. At times, we see the private sector and law enforcement working together to solve crimes. However, that may not always be a good thing. This article offers a solution to these problems of uncertainty by suggesting a uniform code to regulate the private sector, or, in the alternative, a change to the Fourth Amendment that encompasses a more modern interpretation of the information that law enforcement should have access to.


Law Enforcement Officers And The Domestic Violence Advocacy Referral Process, Aaron Allen Cubbage Apr 2023

Law Enforcement Officers And The Domestic Violence Advocacy Referral Process, Aaron Allen Cubbage

Doctoral Dissertations and Projects

Domestic violence incidents impact the daily activities of the law enforcement agencies responsible for responding to these calls for service. Legislators and law enforcement leaders have expended countless hours, staffing, and finances to adequately protect the victims of domestic violence. In Virginia, an essential component of protecting victims of domestic violence involves the referral process, used by law enforcement officers to connect victims of domestic violence to domestic violence advocacy groups. The Code of Virginia and law enforcement agencies receiving accreditation through the Virginia Law Enforcement Professional Standards Commission (VLEPSC) require these referrals. There is available research regarding the referral …


Policing, Stories, Problems, And Solutions, Katherine Mims Crocker Mar 2023

Policing, Stories, Problems, And Solutions, Katherine Mims Crocker

Popular Media

No abstract provided.


Police Officers' Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann English Jan 2023

Police Officers' Perceptions Regarding Their Interactions With The Disabled In Kankakee County, Jilliann English

Honors Program Projects

Background: Previous research shows the rate of crime against people with disabilities is significantly higher than the general population. Despite this, gaps in the training and resources for officers to assist those with disabilities may exist. Eadens et al. (2008) explored this issue by evaluating officer attitudes towards intellectual disabilities. Kankakee County has a significant disabled population, and Illinois is ranked very low in the improvement of related policies, making this a valuable area of interest.

Methods: This study utilized the modified version of the Social Distance Questionnaire (SDQ) used by Eadens et al. (2008), which is both qualitative and …


Law Enforcement Recruit Health Database, Myles C. Murphy, Simone Radavelli-Bagatini, Garth Allen, Nicolas Hart, Andrea Mosler Jan 2023

Law Enforcement Recruit Health Database, Myles C. Murphy, Simone Radavelli-Bagatini, Garth Allen, Nicolas Hart, Andrea Mosler

Research Datasets

Our study established clear demographic, mental health/physical injury, and physical performance data to be collected in a law enforcement recruit training program for injury surveillance and performance monitoring. Furthermore, we identified several items that were classified as relevant, but unlikely to be reported truthfully. These items which can help inform current practice and assist clinicians to determine the trustfulness of information received by patients when working within law enforcement environments.


Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba Nov 2022

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

Faculty Scholarship

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …


An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor Jun 2022

An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor

Faculty Scholarship

Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were …


Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke May 2022

Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke

All Faculty Scholarship

The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …


Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy May 2022

Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy

Masters Theses

In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …


What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes Apr 2022

What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes

Reports

The purpose of this review is to examine and evaluate current approaches to reducing violent crime. The review reports on supportive techniques, strategies, programs, and practices that are evidence-informed to combat criminal activity, delinquency, and community disorder. Ineffective techniques, strategies, and programs are also included. The review provides potential strategies and programs that require additional empirical research to show whether they work. This review includes the integration of education, employment, social services, and public health services into efforts to reduce crime and ease the burden on law enforcement and justice systems. Recommendations for reducing violent crime are included.


Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety Jan 2022

Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety

Articles by Maurer Faculty

This Article uses a wrongful conviction lens to compare identifications by machines, notably facial recognition software, with identifications by humans. The Article advocates for greater reliability checks on both before use against a criminal defendant. The Article examines the cascading influence of facial recognition software on eyewitness identifications themselves and the related potential for greater errors. As a solution, the Article advocates the inclusion of eyewitness identification in the Organization of Scientific Area Committees' ("OSAC") review of facial recognition software for a more robust examination and consideration of software and its usage. The Article also encourages police departments to adopt …


Distracted Walking, Michael L. Smith Jan 2022

Distracted Walking, Michael L. Smith

Faculty Articles

Throughout the United States and across the world, cities are enacting bans on "distracted walking." These bans target cell phone users who cross the street while using a telephone. Doing so in certain cities may result in a fine, community service, or even jail. Drawing inspiration from municipalities, lawmakers in several states have proposed similar statewide legislation. Pushback against these measures is rare-as many people have either directly, or indirectly, experienced the slow and oblivious behavior of "smartphone zombies."

This Article surveys these laws and demonstrates that the science is, at best, mixed on whether device usage results in distraction …


From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter Jan 2022

From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter

All Faculty Scholarship

Artificial intelligence, or “AI,” is raising alarm bells. Advocates and scholars propose policies to constrain or even prohibit certain AI uses by governmental entities. These efforts to establish a negative right to be free from AI stem from an understandable motivation to protect the public from arbitrary, biased, or unjust applications of algorithms. This movement to enshrine protective rights follows a familiar pattern of suspicion that has accompanied the introduction of other technologies into governmental processes. Sometimes this initial suspicion of a new technology later transforms into widespread acceptance and even a demand for its use. In this paper, we …


Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor Jan 2022

Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor

Faculty Scholarship

Recent reforms discourage schools from referring students to criminal law enforcement for typical disciplinary infractions. Though rightly celebrated, these reforms remain mere half-measures, as they emphasize prospective decriminalization of student conduct without grappling with the harm to generations of former students – disproportionately Black – who have been targeted by criminalizing policies of the past. Through the lens of reparations theory, this Article sets out the case for retroactive and reparations-based redress for the criminalization of students. Reparations models reposition moral norms. They acknowledge state harm, clarify the losses to criminalized students, allow for expansive forms of redress, and cast …


Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part One, Patrick Oliver Jan 2022

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part One, Patrick Oliver

History and Government Faculty Publications

No abstract provided.


Grand-Vision: An Intelligent System For Optimized Deployment Scheduling Of Law Enforcement Agents, Jonathan Chase, Tran Phong, Kang Long, Tony Le, Hoong Chuin Lau Jun 2021

Grand-Vision: An Intelligent System For Optimized Deployment Scheduling Of Law Enforcement Agents, Jonathan Chase, Tran Phong, Kang Long, Tony Le, Hoong Chuin Lau

Research Collection School Of Computing and Information Systems

Law enforcement agencies in dense urban environments, faced with a wide range of incidents to handle and limited manpower, are turning to data-driven AI to inform their policing strategy. In this paper we present a patrol scheduling system called GRAND-VISION: Ground Response Allocation and Deployment - Visualization, Simulation, and Optimization. The system employs deep learning to generate incident sets that are used to train a patrol schedule that can accommodate varying manpower, break times, manual pre-allocations, and a variety of spatio-temporal demand features. The complexity of the scenario results in a system with real world applicability, which we demonstrate through …


Reforming The High-States Gamble Of Covert Government Seizures, Jonathan Witmer-Rich Jan 2021

Reforming The High-States Gamble Of Covert Government Seizures, Jonathan Witmer-Rich

Law Faculty Articles and Essays

In a covert government seizure, police secretly enter a home when no one is present and seize contraband, often staging the scene to look like a burglary. These covert seizures are authorized by delayed notice search warrants. This Article identifies two serious problems with this practice and proposes reforms.

The first problem is that a successful covert seizure will likely provoke violent retaliation against innocent third parties. If the target of the covert seizure--say a drug dealer--believes someone has stolen a valuable drug stash, the dealer will seek to kill or harm whomever they believe conducted the burglary. The statute …


Policing And "Bluelining", Aya Gruber Jan 2021

Policing And "Bluelining", Aya Gruber

Publications

In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about …


A History Of Distrust: How Knowing The Law Impacts African American Males' Perceptions Of Police Encounters, Glynell R. Horn Jr. Jan 2021

A History Of Distrust: How Knowing The Law Impacts African American Males' Perceptions Of Police Encounters, Glynell R. Horn Jr.

Antioch University Full-Text Dissertations & Theses

From its inception American Law Enforcement was built from a racially motivated system in which African Americans were subject to discriminatory treatment. Unfortunately, that treatment still persists in modern day policing, which is highlighted by the deaths of Eric Garner and George Floyd to name a few. There is no surprise that law enforcement needs to improve trust with the African American community; however there is a dire need for a new approach. This study is unique because unlike previous research this study focuses solely on African American males that reside in disenfranchised communities that are most at risk for …


"Slack" In The Data Age, Shu-Yi Oei, Diane M. Ring Jan 2021

"Slack" In The Data Age, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

This Article examines how increasingly ubiquitous data and information affect the role of “slack” in the law. Slack is the informal latitude to break the law without sanction. Pockets of slack exist for various reasons, including information imperfections, enforcement resource constraints, deliberate nonenforcement of problematic laws, politics, biases, and luck. Slack is important in allowing flexibility and forbearance in the legal system, but it also risks enabling selective and uneven enforcement. Increasingly available data is now upending slack, causing it to contract and exacerbating the risks of unfair enforcement.

This Article delineates the various contexts in which slack arises and …


A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel Jan 2021

A World Of Difference? Law Enforcement, Genetic Data, And The Fourth Amendment, Christopher Slobogin, J. W. Hazel

Vanderbilt Law School Faculty Publications

Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene DNA with DNA profiles in a database in an attempt to identify a suspect or a family member of a suspect. Neither of these efforts implicates the Fourth Amendment, because the Supreme Court has held that a Fourth Amendment "search" does not occur unless police infringe "expectations of privacy society is prepared to recognize as reasonable" and has construed that phrase narrowly, without reference to …


Police Use Of Force Laws In Texas, Gerald S. Reamey Jan 2021

Police Use Of Force Laws In Texas, Gerald S. Reamey

Faculty Articles

At the heart of calls for police reform lie use of force laws. While policing agencies adopt and enforce their own policies regarding when and how force may be used by officers of those agencies, state laws rarely define the uniform limits under which officers operate. Policing in the United States is highly fractured; of the hundreds of law enforcement agencies operating, most are autonomous, and they determine the policies under which they operate, including those for use of force. They also decide whether and how to investigate violations of internal policies, as well as the punishment that will be …


Police Quotas, Shaun Ossei-Owusu Jan 2021

Police Quotas, Shaun Ossei-Owusu

All Faculty Scholarship

The American public is slowly recognizing the criminal justice system’s deep defects. Mounting visual evidence of police brutality and social protests are generating an appetite for something different. How to change this system is still an open question. People across the political spectrum vary in their conceptions of the pressing problems and how to solve them. Interestingly, there is one consequential and overlooked area of the criminal justice system where there is broad consensus: police quotas.

Police quotas are formal and informal measures that require police officers to issue a particular number of citations or make a certain number of …


Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor Jan 2021

Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor

All Faculty Scholarship

The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this paper, we canvas the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication …


Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli Jan 2021

Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli

All Faculty Scholarship

Civil asset forfeiture has strayed far from its intended purpose. Designed to give law enforcement powerful tools to combat maritime offenses and criminal enterprises, forfeiture laws are now used to prey upon innocent motorists and lawful homeowners who are never charged with crimes. Their only sins are that they are carrying legal tender while driving on busy highways or providing shelter in their homes to adult children and grandchildren who allegedly sold small amounts of low-level drugs. Civil forfeiture abuses are commonplace throughout the country with some police even armed with legal waivers for property owners to sign on the …


Police As Community Caretakers: Caniglia V. Strom, Christopher Slobogin Jan 2021

Police As Community Caretakers: Caniglia V. Strom, Christopher Slobogin

Vanderbilt Law School Faculty Publications

What is the proper role of the police? That question has been at the forefront of debates about policing for quite some time, but especially in the past year. One answer, spurred by countless news stories about black people killed by law enforcement officers, is that the power of the police should be reduced to the bare minimum, with some in the Defund the Police movement calling for outright abolition of local police departments. Toward the other end of the spectrum is the notion that the role of the police in modern society is and must be capacious. Police should …