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Articles 1 - 10 of 10
Full-Text Articles in Law
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Faculty Publications
Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
Michigan Law Review First Impressions
This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Michigan Journal of Race and Law
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
Michigan Law Review First Impressions
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …
Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons
Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons
Faculty Publications
Police misconduct and corruption persist in our nation's local police departments. Recognizing the organizational roots of police misconduct, Congress granted the U.S. Department of Justice (the "DOJ") the authority to seek injunctive relief to implement institutional reforms within local law enforcement agencies. While the federal government's current strategy represents a promising model for reform, the DOJ's efforts cannot reach many local police departments that require intervention. Furthermore, the local primacy of criminal-justice issues, particularly issues related to police practices, implicates important federalism concerns. Although federal intervention is appropriate to address persistent patterns of misconduct, states and local entities must play …
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
Basyle Tchividjian
In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …
Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox
Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox
Publications and Research
Spray-painted atop an old tenement building in the East Village of Manhattan is a large fossilized graffiti image of a tyrannosaurus rex that reads: “NYC EATS ITS YOUNG.” With its ribs exposed and mouth open, this image represents symbolically what many young people in the neighborhood already know intimately and have experienced: New York City (NYC) is not an easy place to grow up. Their social safety nets are being dismantled and the public institutions they rely on every day often fail them. In NYC, public school budgets are being slashed each year even though the high school dropout/push-out rates …
Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii
Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii
All Graduate Theses, Dissertations, and Other Capstone Projects
What local government officials, administrators, and staff can expect and how to can help in the aftermath of a peace officer’s line-of-duty death within their community.
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross
Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross
Articles
The fundamental problem with false convictions is that they are unobserved, and in general, unobservable. We don't spot them when they happen-if we did, they wouldn't happen-and in most cases we can't identify them after the fact. We have no general reliable test for innocence or guilt; if we did, we'd use it at trial. As result, we often say that we don't know for sure whether a convicted criminal defendant is innocent or guilty, or even that we can't know for sure. But this isn't exactly true-or rather, its truth depends on who we mean by "we."
Prosecuting The Informant Culture, Andrew E. Taslitz
Prosecuting The Informant Culture, Andrew E. Taslitz
Michigan Law Review
Alexandra Natapoff, in her outstanding new book, Snitching: Criminal Informants and the Erosion of American Justice, makes a compelling case for reform of the system by which we regulate police use of criminal informants. Indeed, as other writers have discussed, law enforcement's overreliance on such informants has led to a "snitching culture" in which informant snitching replaces other forms of law enforcement investigation (pp. 12, 31, 88-89). Yet snitches, especially jailhouse snitches, are notoriously unreliable.