Law Enforcement and Corrections Commons^™

New Governance And The "New Paradigm" Of Police Accountability: A Democratic Approach To Police Reform, Kami Chavis Simmons

Faculty Publications

This Article proposes that policymakers should draw from the emerging New Governance theoretical framework--particularly democratic experimentalism--in order to develop strategies to successfully reform law-enforcement agencies. Modem police departments function like administrative agencies, and as such, they are susceptible to the same deficiencies that traditional agencies experience in other administrative contexts. Given the traditionally insular nature of law-enforcement agencies, the need for political legitimacy in the reform process is amplified in the policing context. Therefore, in order to eliminate patterns of police misconduct and corruption, reform measures should embody characteristics that promote stakeholder participation and local experimentation.

This abstract has been …

Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion

William & Mary Bill of Rights Journal

No abstract provided.

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 …

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.

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 …

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 …

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 …

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 …

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Faculty Publications

Title 42 U.S. C. § 14141 authorizes the United States Department of Justice ("DOJ") to seek injunctive relief against local law enforcement agencies to eliminate a pattern or practice of unconstitutional conduct by these agencies. Rather than initiate lawsuits to reform these agencies, DOJ's current strategy is to negotiate reforms using a process that involves only DOJ representatives, municipality officials, and police management officials. While there are many benefits of negotiating the reforms, the current process excludes important stakeholders directly impacted by the reforms, including community members, who are the consumers of police services, and the rank-and-file police officers, whom …

Law And Governance In The 21st Century Regulatory State, Jason M. Solomon

Faculty Publications

No abstract provided.

Cross-Gender Supervision In Prison And The Constitutional Right Of Prisoners To Remain Free From Rape, Flyn L. Flesher

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

A variety of state, federal, and international laws theoretically prohibit sexual abuse of prisoners by the guards hired by the state to oversee them. Nevertheless, sexual abuse of female prisoners by male prison guards is a rampant phenomenon that the law has thus far failed to remedy. Cross-gender supervision policies exacerbate the problem by placing women in situations in which they have no escape from their attackers. These policies, which are as dangerous for some prisoners as they are humiliating to all prisoners, have generally withstood scrutiny in courts.

This note attempts to reframe the arguments challenging crossgender supervision policies …

Prison Privatization And The Development Of A "Good Faith" Defense For Private-Party Defendents To 42 U.S.C. § 1983 Actions, Mark N. Ohrenberger

William & Mary Bill of Rights Journal

No abstract provided.

For Right To Live: A Constitutional Argument For Mandatory Preventative Health Care For Female Prisoners, Kendra D. Arnold

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

No abstract provided.

Girls In The Juvenile Justice System, Robert E. Shepherd Jr.

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

No abstract provided.

Justice By Gender: The Lack Of Appropriate Prevention, Diversion And Treatment Alternatives For Girls In The Justice System

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

No abstract provided.

Sugar And Spice And Everything Nice: Female Juvenile Deliquency And Gender Bias In Punishment And Behavior In The Juvenile Courts, Jennifer Thibodeau

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

No abstract provided.

Treading The Thin Blue Line: Military Special-Operations Trained Police Swat Teams And The Constitution, Karan R. Singh

William & Mary Bill of Rights Journal

The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This Note examines the history, mission, and continuing need for police SWAT teams, addressing the constitutional issues raised concerning training and tactics. It explains how SWAT joint-training with the military is authorized by federal law and concludes that SWAT tactics are constitutionally acceptable in a majority of situations. Though …

Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer

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

No abstract provided.

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

A Search For Solutions: Evaluating The Latest Anti-Stalking Developments And The National Institute Of Justice Model Stalking Code, Kimberly A. Tolhurst

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

Beatings by men are the leading cause of injury for American women.' Many people ask why these women do not leave their batterers. The answer often has its roots in the crime of stalking. As the mother of a battered woman who was stalked and murdered by her abuser explains, "People ask 'Why don't battered women leave?' They get killed. That's why."2 Unwilling to relinquish control, "batterers [can] become stalkers, pursuing their victims after the victims leave the abusive relationship."3 Stalking is a problem faced not only by domestic violence victims or women in general. Virtually anyone can fall prey …

Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman

Faculty Publications

No abstract provided.

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …

Federal Habeas Corpus: Limitations On Successive Applications From The Same Prisoner, Richard A. Williamson

William & Mary Law Review

No abstract provided.

Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Justifiable Use Of Deadly Force By The Police: A Statutory Survey, Nicholas J. Deroma

William & Mary Law Review

No abstract provided.

Judicial Intervention In Prison Administration, Charles E. Friend

William & Mary Law Review

No abstract provided.

Crime Control - Whose Responsibility Is It?, Howard B. Gill

William & Mary Law Review

No abstract provided.