Law Commons^™

Local Law Enforcement's Counter Terrorism Capabilities., J. Ryan Presnell

Electronic Theses and Dissertations

The purpose of this study was to analyze local law enforcement's counter-terrorism capabilities as it relates to the varying size of United States local law enforcement agencies. Data for the study came from a study entitled "Impact of Terrorism on State and Local Law Enforcement Agencies and Criminal Justice Systems in the United States, 2004". Statistical analysis revealed that there are large disparities in the allocation of resources to intelligence gathering, analyzing, and sharing between smaller local law enforcement agencies and their larger counterparts. Furthermore, smaller agencies are not interacting with federal agencies in a manner consistent with the interactions …

Judicial Fact-Finding At Sentencing, Stephanos Bibas

All Faculty Scholarship

This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …

Exacerbating Injustice, Stephanos Bibas

All Faculty Scholarship

This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …

Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Paul, Corey. Fights & Frenzy
• Day, Michelle. Gunfire Unconfirmed, Investigation Continues
• Hale, Marianne. Campus, Community Voice Concerns
• Timeline of Events
• Slitz, Alex. A Thousand Words – Charus Changchit
• Howerton, Christina. Enrollment Increases 2.6 Percent
• Howerton, Christina. Task Force Explores Ways to Make College Cost Less
• Gadbois, Chris. Rudeness Isn’t an Issue with Shuttle Drivers
• Bonneau-Kaya, Chrystal. Objectification of Women is Dehumanizing, Wrong
• Schwab, Edmond. Learn the Background of the Financial Troubles
• Bybee, Sarah. Please Slow Down and Watch Out for Pedestrians
• Cawthorn, Shawna. Poor Football …

Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg

W&M Law Student Publications

Among the many cutting edge technologies law enforcement agencies increasingly covet is radio frequency identification ("RFID"). Researchers predict RFID will become the most pervasive computer technology in history. Among the more extraordinary and controversial government uses of RFID-and the focus of this Paper-include implantation of subdermal RFID transmitters. Privacy concerns abound. Not surprisingly, critics and privacy advocates are wary of subdermal RFID implants, fearful that only afine line separates relatively innocuous, voluntary implantation from arbitrary government-mandated implantation. But for involuntary implantation of RFID chips to take root, government implantation programs would have to start on the small scale, targeting the …

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

University of Michigan Journal of Law Reform

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP Wien the …

Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams

North Carolina Central Law Review

No abstract provided.

Young People On Remand, Mairéad Seymour, Michelle Butler

Reports

The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …

Cybercrime Against Businesses, 2005, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

What Works, What Doesn't: Revising Dui Laws In West Virginia To Reduce Recidivism And Save Lives, Jennifer L. Tampoya

West Virginia Law Review

No abstract provided.

Police Chiefs' Use And Executive Subordinates' Perceived Use Of Non-Performance And Performance Based Criteria In Promotional Decisions: Organizational Mobility Channels, Bill D. Press

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this study was to investigate police promotion and channels of mobility from an "appointed perspective" by those who do the appointments, as well as those chosen for the appointment. There were two ultimate goals of this study. The first was to describe the characteristics of police chiefs and subordinate police executives, and the importance of non-performance based criteria and performance based criteria used in promotion decision making by police chiefs and perceptions of use by subordinate police executives. The second was to extend the intra-organizational mobility model developed by Beehr and Taber (1993), with four additional non-performance …

Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher

Faculty Scholarship

This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?

Is There A Perception Of A Glass Ceiling? The Relationship Between Gender And Promotional Opportunities, Cassandra L. Matthews

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines the perceptions of a glass ceiling for females employed in the field of corrections. Interviews with fourteen women who are or have worked in various job rankings in the correctional field provided the data for this study. Participants described their perceptions of barriers facing women seeking a promotion. Themes identified include the balance between their career and their home life, personal encounters with sexual harassment and the amount of interaction with other males and females while employed in the correctional setting.

This research addresses two central research questions: 1. Is there a …

Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso

Pell Scholars and Senior Theses

A survey was prepared and conducted to investigate the viability of implementing sobriety checkpoints in Rhode Island. The survey was designed to make a comparison between a state which has found sobriety checkpoints to be constitutional, Massachusetts, and a state that has found sobriety checkpoints to be unconstitutional, Rhode Island. The survey's findings indicate that Rhode Island would benefit from the implementation of sobriety checkpoints.

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado

Michigan Law Review

Policing styles and policy reform today exhibit a ferment that we have not seen since the turbulent sixties. The reasons propelling reform include some of the same forces that propelled it then - minority communities agitating for a greater voice, demands for law and order - but also some that are new, such as the greater premium that society places on security in a post-9/11 world. Three recent books discuss this new emphasis on styles of policing. Each centers on policing in minority communities. Steve Herbert's Citizens, Cops, and Power: Recognizing the Limits of Community examines the innovation known as …

Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon

West Virginia Law Review

No abstract provided.

Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera

Journal of Race, Gender, and Ethnicity

No abstract provided.

Escape From Death Row: A Study Of “Tripping” As An Individual Adjustment Strategy Among Death Row Prisoners, Sandra Mcgunigall-Smith, Robert Johnson

The University of New Hampshire Law Review

[Excerpt] “The literature on stress and coping in American prisons tends to focus on the social dimensions of prison life. This literature describes a prison culture that shapes prison adjustment; such a culture entails norms, roles, and groups (including gangs) that dictate norms of adjustment. The literature also suggests that prisoners have to find a way to get along in the more public areas of the prison (such as the prison yard or mess hall) or retreat to smaller worlds within the prison while carving out “niches” that allow them to adjust in ways they find more familiar—in their jobs, …

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.

Death And Harmless Error: A Rhetorical Response To Judging Innocence, Colin Starger

All Faculty Scholarship

Professor Garrett’s impressive empirical analysis of the first 200 post conviction DNA exonerations in the United States (“Garrett Study”) has the potential to affect contemporary debates surrounding our nation’s criminal justice system. This Response explores this potential by harnessing the Study’s data in support of arguments for and against a contested doctrinal proposition — that guilt-based harmless error rules should never apply in death penalty appeals. My analysis starts with the premise that the Study’s real world impact will necessarily depend on how jurists, politicians, and scholars extrapolate the explanatory power of the data beyond the 200 cases themselves. While …

Public Policy, Women, And Confinement: A Plea For Reasonableness, Peter M. Carlson

William & Mary Journal of Race, Gender, and Social Justice

This veteran correctional administrator reviews the explosion of numbers of female offenders confined in the United States today. The article explores the myriad causes and effects of this shift in public policy and notes the negative impact of today's policy outcomes on individual offenders, correctional systems, and our society. The author argues for a modification of policy to a more rational approach to judicial sentencing.

Women And The Death Penalty: Racial Disparities And Differences, Harry Greenlee, Shelia P. Greenlee

William & Mary Journal of Race, Gender, and Social Justice

The death penalty in America has been studied, discussed, and written about extensively. The vast majority of researchers, however, have focused their study of the death penalty, or capital punishment, on male prisoners. This article examines the data related to women on death row since 1973, with particular attention to similar problems that have been documented for men, while highlighting racial differences and/or racial disparities where found. The subjects were 157 women who received death row sentences, forty-nine women currently on death row, and the eleven women executed since 1973. The data demonstrated that some racial disparities do exist with …

Women In Federal Prison: Pathways In, Programs Out, Kim White

William & Mary Journal of Race, Gender, and Social Justice

One of the fastest growing populations in most correctional systems is female offenders and the impact of these rising numbers is significant. The author speaks to the rising female population numbers, the types of crimes and behaviors that lead to their incarceration, the characteristics of female offenders, the impact their incarceration has on their families and children, and how gender responsive programming is pivotal to their effective and successful reentry into society.

Women In Prison: International Problems And Human Rights Based Approaches To Reform, Jenni Gainsborough

William & Mary Journal of Race, Gender, and Social Justice

The growth in prison populations is a world-wide phenomenon, and within the overall growth rate, many countries are seeing a disproportionate rate of increase among women. Despite differences in culture and resources, women everywhere face similar problems in prison systems, which have been designed primarily by and for men. These include sexual abuse, lack of appropriate medical care, loss of children and breakdown of families. The United States leads the world in both the overall size of its prison population and its rate of incarceration. Advocates for reform are increasingly turning to international human rights laws, standards and norms to …

The Caged Canary, Elizabeth Alexander

William & Mary Journal of Race, Gender, and Social Justice

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are …

Hard Labor: The Legal Implications Of Shackling Female Inmates During Pregnancy And Childbirth, Geraldine Doetzer

William & Mary Journal of Race, Gender, and Social Justice

Despite international human rights guidelines that prohibit the practice, thirty-eight states and the Federal Bureau of Prisons currently allow corrections officials to shackle pregnant inmates during the third trimester of pregnancy. Of these, twenty-three states and the Bureau also allow restraints to be used during active labor. Only two state legislatures, Illinois and California, have addressed the issue of using physical restraints on pregnant inmates; the vast majority of states rely on corrections officials to craft policy.

This article analyzes both states' justifications for shackling policies as well as the Constitutional and human rights arguments that have been posed by …

Torture, Truth Serum, And Ticking Bombs: Toward A Pragmatic Perspective Of Coercive Interrogation, Kenneth Lasson

All Faculty Scholarship

The 'War on Terror' has prompted a great deal of discussion about the use of torture as a means of extracting information from those suspected of having perpetrated past acts of violence or planning future ones. Despite the years that have passed since the attacks of September 11, 2001, for both citizens and government officials there is still a strong tension between the competing emotions of anger, revenge, and desperation; it seems increasingly difficult to adhere to international norms governing a nation's moral and legal obligations to protect its citizens from grave danger while continuing to support individual freedoms. Among …