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Articles 31 - 43 of 43
Full-Text Articles in Law Enforcement and Corrections
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park
Richmond Journal of Law and the Public Interest
"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
University of Richmond Law Review
In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
Richmond Journal of Law and the Public Interest
To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
Richmond Public Interest Law Review
To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett
Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett
University of Richmond Law Review
No abstract provided.
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Richmond Public Interest Law Review
The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Richmond Journal of Law and the Public Interest
The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …
Temporary Tactic To Combat Drug Cartels, Porcher L. Taylor Iii
Temporary Tactic To Combat Drug Cartels, Porcher L. Taylor Iii
School of Professional and Continuing Studies Faculty Publications
In an effort to wipe out the profits in illegal drug trafficking and thus strike a lethal blow against this business, Congress should consider a one-year suspension of the probable cause requirement for property search warrants for drugs under the Fourth Amendment, but without the concomitant arrests and prosecutions.
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
Richmond Journal of Law & Technology
With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …
Homicide And History, Edward L. Ayers
Homicide And History, Edward L. Ayers
History Faculty Publications
Violence seems more threatening today than in the relatively recent past. For centuries, crime was kept out of sight. The "criminal classes" were segregated from the rest of society. Newspapers, police, and courts paid relatively little attention to crimes among the poor. Today, things are different: television news thrives on scenes of flashing lights, distraught parents, and bloody sidewalks. Police continually patrol parts of town they used to ignore. Modern transportation permits members of the "dangerous classes" to range more widely than before. As a result, the general population is far more aware of violence now than in the past.
Prisons, Edward L. Ayers
Prisons, Edward L. Ayers
History Faculty Publications
American penitentiaries developed in two distinct phases, and southern states participated in both. Virginia, Kentucky, Maryland, and Georgia built prisons before 1820, and between 1829 and 1842 new or newly reorganized institutions were established in Maryland, Tennessee, Georgia, Louisiana, Missouri, Mississippi, and Alabama. Only the Carolinas and Florida resisted the penitentiary before the Civil War.
Law And Anarchy, Sidney Hook
Law And Anarchy, Sidney Hook
University of Richmond Law Review
I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.