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Full-Text Articles in Law
Policing The Immigration Police: Ice Prosecutorial Discretion And The Fourth Amendment, Jason A. Cade
Policing The Immigration Police: Ice Prosecutorial Discretion And The Fourth Amendment, Jason A. Cade
Scholarly Works
A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained evidence, typically by arguing that the Supreme Court should overrule its 1984 decision in INS v. Lopez-Mendoza not to enforce the exclusionary rule in civil immigration court. This Essay, in contrast, considers the role of Immigration and Customs Enforcement (ICE) attorneys in upholding the Fourth Amendment, taking as a launching point the recent exercise of prosecutorial discretion by ICE attorneys in …
Crapping Out With Crime Statistics, Robert Steinbuch
Crapping Out With Crime Statistics, Robert Steinbuch
University of Arkansas at Little Rock Law Review
No abstract provided.
Crapping Out With Crime Statistics, Robert Steinbuch
Crapping Out With Crime Statistics, Robert Steinbuch
Faculty Scholarship
No abstract provided.
Across The Hudson: Taking The Stop And Frisk Debate Beyond New York City, David A. Harris
Across The Hudson: Taking The Stop And Frisk Debate Beyond New York City, David A. Harris
Articles
This article presents the results of a survey conducted by the author of 56 police departments across the country concerning the practice of data collection on stop and frisk practices of those police departments. These results are discussed against the backdrop of the debate on stop and frisk, examined in this article through a review of the legal basis for the practice and its use by police departments. The article then argues that greater data collection efforts in places other than New York City, where such efforts have been more robust than elsewhere, could broaden and deepen the debate on …
Punitive Preventive Justice: A Critique, Bernard E. Harcourt
Punitive Preventive Justice: A Critique, Bernard E. Harcourt
Faculty Scholarship
This chapter identifies the origins of contemporary preventive endeavour in the work of the RAND Corporation in America, which developed highly technical studies of crime prevention based upon systems analysis. It suggests that RAND promoted a decidedly punitive style of prevention based upon policing and punishment that is replicated in modern ‘punitive preventive measures’. It criticizes these measures, emphasizing the perils they pose and the weakness of their empirical foundations. Most worryingly, these measures typically claim an apolitical, neutral emphasis on efficiency that fails to engage with the political values underlying them. In so doing, it tends to displace much …