Law Enforcement and Corrections Commons^™

Resisting Nullification In Excessive Force Prosecutions, Sarah E. Wagner

Buffalo Law Review

Police violence in the United States occurs at an alarming rate. Enforcing federal criminal laws aimed at holding law enforcement officers accountable for their misconduct is difficult. Even where there is strong evidence of guilt, jurors often acquit officers rather than allow them to face criminal consequences for their actions. This Article examines suspected nullification verdicts in excessive force cases through the lens of an expansive body of research on juror and jury decision making. What emerges is the theory that nullification verdicts in excessive force cases are a function of the presence of one or more authoritarian jurors, the …

A National Survey And Critical Analysis Of University Police Statutes, Vanessa Miller

Buffalo Law Review

This Paper provides an empirical study and critical analysis of university police statutes in all fifty jurisdictions, Guam, Puerto Rico, and the District of Columbia. The primary focus of the survey is to examine the regulatory framework governing campus police officers at public institutions of higher education. The study employs a crossdisciplinary approach, combining critical legal and qualitative analyses to provide a comprehensive overview of the legal landscape surrounding university police across the United States. The findings of the study include several key elements related to university police, such as police powers, jurisdiction, governing bodies, removal procedures, and use of …

The Enduring Lives Of False Legislative Facts: Asset Forfeiture, Brian Kelly, Taylor De Lavagea

Buffalo Law Review

Federal courts have found asset forfeiture constitutional by relying on assertions that have been accepted as true without being established at trial. These “legislative facts” play a central and enduring role not only in jurisprudence but in the broader public policy debate over forfeiture. To date, these assertions have not been subject to careful empirical review. We test three central legislative facts frequently offered as providing a compelling government interest for the use of forfeiture: (1) that forfeiture provides vital funding for law enforcement activities; (2) that forfeited funds are used to reimburse the victims of crime; and (3) that …

When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States, Lucy T. Shephard

Buffalo Law Review

No abstract provided.

Developing Police, Madalyn K. Wasilczuk

Buffalo Law Review

No abstract provided.

Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.

Buffalo Law Review

The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.

Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …

Taking Restorative Justice Seriously, Adriaan Lanni

Buffalo Law Review

Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …

Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman

Buffalo Law Review

Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body camera advocates have touted the cameras’ benefits, such as decreasing misconduct, reducing complaints, and improving accountability. At the same time, serious concerns have been raised regarding the impact of these cameras on privacy, public resources, and fairness. Despite the increased interest in body cameras, important empirical …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Buffalo Law Review

No abstract provided.

Ending The Internal Affairs Farce, Rachel Moran

Buffalo Law Review

No abstract provided.

Remedial Discretion In Constitutional Adjudication, John M. Greabe

Buffalo Law Review

No abstract provided.

Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes

Buffalo Law Review

No abstract provided.

Regulating The Market For Snitches, Ian Weinstein

Buffalo Law Review

No abstract provided.

A Primer On The New Habeas Corpus Statute, Larry W. Yackle

Buffalo Law Review

No abstract provided.

The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases, Samuel R. Gross

Buffalo Law Review

No abstract provided.

Simple Murder: A Comment On The Legality Of Executing The Innocent, Susan Bandes

Buffalo Law Review

No abstract provided.

Recontextualizing The Context Of The Death Penalty, Daniel D. Polsby

Buffalo Law Review

No abstract provided.

Reply To Daniel Polsby, Susan Bandes

Buffalo Law Review

No abstract provided.

Reply To Daniel Polsby, Samuel R. Gross

Buffalo Law Review

No abstract provided.

The Pain Of Punishment, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.

The Wages Of Ambivalence: On The Context And Prospects Of New York's Death Penalty, Franklin E. Zimring

Buffalo Law Review

No abstract provided.

New York Statute As Cultural Document: Seeking The Morally Optimal Death Penalty, Robert Weisberg

Buffalo Law Review

No abstract provided.

Federalizing Death, George Kannar

Buffalo Law Review

No abstract provided.

Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Buffalo Law Review

No abstract provided.

Governmental Immunity And The Release Of Dangerous Inmates From State Institutions: Can The State Get Away With Murder?, David P. Marcus

Buffalo Law Review

No abstract provided.

Prison Reform In The Federal Courts, Rebecca P. Dick

Buffalo Law Review

No abstract provided.

The Systems Approach To Criminal Justice Administration, John Hartje

Buffalo Law Review

No abstract provided.

The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft

Buffalo Law Review

No abstract provided.

The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad

Buffalo Law Review

No abstract provided.

Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin

Buffalo Law Review

People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).