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Articles 1 - 30 of 34
Full-Text Articles in Law
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Michigan Law Review
A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
Touro Law Review
No abstract provided.
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
School of Law Public Interest Auction
No abstract provided.
Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods
Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods
Michigan Law Review
This Article presents findings from the largest and most comprehensive study to date on violence against the police during traffic stops. Every year, police officers conduct tens of millions of traffic stops. Many of these stops are entirely unremarkable—so much so that they may be fairly described as routine. Nonetheless, the narrative that routine traffic stops are fraught with grave and unpredictable danger to the police permeates police training and animates Fourth Amendment doctrine. This Article challenges this dominant danger narrative and its centrality within key institutions that regulate the police.
The presented study is the first to offer an …
Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck
Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck
Michigan Journal of Race and Law
In the wake of the Michael Brown shooting in Ferguson, Missouri, advocates and activists called for greater oversight and accountability for police. One of the measures called for and adopted in many jurisdictions was the implementation of body cameras in police departments. Many treated this implementation as a sign of change that police officers would be held accountable for the violence they perpetrate. This Note argues that although body-camera footage may be useful as one form of evidence in cases of police violence, lawyers and judges should be extremely careful about how it is presented to the jury. Namely, the …
The Case Against Police Militarization, Eliav Lieblich, Adam Shinar
The Case Against Police Militarization, Eliav Lieblich, Adam Shinar
Michigan Journal of Race and Law
We usually think there is a difference between the police and the military. Recently, however, the police have become increasingly militarized – a process which is likely to intensify in coming years. Unsurprisingly, many find this process alarming and call for its reversal. However, while most of the objections to police militarization are framed as instrumental arguments, these arguments are unable to capture the core problem with militarization.
This Article remedies this shortcoming by developing a novel and principled argument against police militarization. Contrary to arguments that are preoccupied with the consequences of militarization, the real problem with police militarization …
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.
New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.
Donna M. Hughes
Bureaucracy As Violence, Jonathan Weinberg
Bureaucracy As Violence, Jonathan Weinberg
Michigan Law Review
Review of The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy by David Graeber.
Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq
Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq
Donna M. Hughes
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
University of Richmond Law Review
No abstract provided.
Newsroom: Yeluri '07 On Baltimore Protests, Swapna Yeluri
Newsroom: Yeluri '07 On Baltimore Protests, Swapna Yeluri
Life of the Law School (1993- )
No abstract provided.
Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith
Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …
Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis
Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis
Scholarly Works
Police violence against citizens lately has gripped the nation’s attention because of recent cases in Ferguson, Missouri; Staten Island, New York; Cleveland, Ohio; Baltimore, Maryland; and elsewhere. Children in those communities and nationwide have been directly and indirectly exposed to these well-publicized incidences of police killings and the aftermath of those killings.
Exposure to police violence may cause children physical, cognitive, emotional, and social trauma. Moreover, the exposure may negatively influence children’s mindsets regarding the criminal justice system and police.
Undoubtedly, these events of late are not the first and only instances in which children have been exposed to physically …
The Legacy Of Stop And Frisk: Addressing The Vestiges Of A Violent Police Culture, Kami Chavis Simmons
The Legacy Of Stop And Frisk: Addressing The Vestiges Of A Violent Police Culture, Kami Chavis Simmons
Faculty Publications
For many years, the New York City Police Department ("NYPD") has engaged in a practice known as "Stop and Frisk." This policy allows officers, based on reasonable suspicion that criminal activity is afoot, to engage in investigatory stops and to conduct a pat down of the outer clothing of the individual if there is reasonable suspicion that the suspect is armed.
While there is an abundance of analysis regarding the detrimental impact of the stop-and-frisk policy, particularly the allegations of racial discrimination, an under examined facet of this policy and its implementation is the inherently violent nature of these encounters. …
Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett
Safety First -In Search Of Justice -School & Law Enforcement Agency Partnerships, Michael Anthony Pickett
UNLV Theses, Dissertations, Professional Papers, and Capstones
ABSTRACT
Educational problems are many and varied. At-risk students, achievement gaps and poor student outcomes are hot topics that beg for improvement in equity across the board and stand in the way of achieving excellence. These educative, albeit, social justice issues are not new, but rather, are old problems revisited (Kaestle, 1983; Morrison, 2003). Additionally, the issue of violence in schools is also recognized as not only a social justice problem but also a public health problem (Mercy & O'Carroll, 1988) and is perhaps the most pressing societal issue related to children and youth today. "Safe schools are the concern …
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
Indiana Law Journal
Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …
Brazil’S Upcoming “Mega-Events” Human Rights Legacy, Thomas Pegram
Brazil’S Upcoming “Mega-Events” Human Rights Legacy, Thomas Pegram
Human Rights & Human Welfare
Preparations for the 2014 World Cup and 2016 Olympic Games are well underway in Brazil, with local government officials in Rio de Janeiro trumpeting the “major success” of initiatives intended to address notoriously high levels of violent crime.
In an attempt to head off widespread concerns, which preceded South Africa’s hosting of the 2010 World Cup, the apparent success of initiatives such as the Police Pacification Units (PPUs) cracking down on insecurity in Rio’s shantytowns (many, such as Rocinha, close to popular tourist areas and venues for Olympic events) has been loudly hailed by local politicians and duly reported by …
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
Faculty Scholarship
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
Lucian E Dervan
In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …
Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii
Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii
UNLV Theses, Dissertations, Professional Papers, and Capstones
This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive analyses …
Lost In The Gender Maze: Placement Of Transgender Inmates In The Prison System, Benish A. Shah
Lost In The Gender Maze: Placement Of Transgender Inmates In The Prison System, Benish A. Shah
Journal of Race, Gender, and Ethnicity
No abstract provided.
Violence Against Sex Workers In Latin America: Pervasiveness, Impunity, And Implications, Stephanie A. Bell
Violence Against Sex Workers In Latin America: Pervasiveness, Impunity, And Implications, Stephanie A. Bell
Human Rights & Human Welfare
On December 17, 2005, two transgendered sex workers in Guatemala City were shot in the head, one fatally. Witnesses—including the survivor—alleged that police forces shot the victims. Human rights advocates have argued that the attack was part of a broader social cleansing campaign that has targeted all sex workers.
Sex workers in Latin America are subjected to violence regularly. This violence varies greatly, but its pervasiveness and the impunity for perpetrators are two common themes. Violence against sex workers comes from many different sources: police, pimps, johns, serial killers, gang members and others. The violence also takes many forms, including …
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
Project on Addressing Prison Rape - Articles
This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.
Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith
Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.
America’S Death Penalty: Just Another Form Of Violence, John Bessler
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.
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Michigan Journal of Gender & Law
This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …
National Assessment Program: 1994 Survey Results, Us Department Of Justice
National Assessment Program: 1994 Survey Results, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.