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Law Enforcement and Corrections Commons™

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2005

Discipline
Institution
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Publication
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Articles 1 - 30 of 84

Full-Text Articles in Law Enforcement and Corrections

Detection Avoidance, Chris William Sanchirico Nov 2005

Detection Avoidance, Chris William Sanchirico

ExpressO

In practice, the problem of law enforcement is half a matter of what the government does to catch violators and half a matter of what violators do to avoid getting caught. In the theory of law enforcement, however, although the state’s efforts at "detection" play a decisive role, offenders’ efforts at "detection avoidance" are largely ignored. Always problematic, this imbalance has become critical in recent years as episodes of corporate misconduct spur new interest in punishing process crimes like obstruction of justice and perjury. This article adds detection avoidance to the existing theoretical frame with an eye toward informing the …

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Prison Rape Elimination Act (Prea) Summary Of Responses From Juvenile Focus Group On Staff Sexual Misconduct And Youth On Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape Of Youth In Correctional Custody, Overview Of Current Efforts, Close Out And Reactions (Delivery Strategies, Products)), Brenda V. Smith, Andie Moss Nov 2005

Prison Rape Elimination Act (Prea) Summary Of Responses From Juvenile Focus Group On Staff Sexual Misconduct And Youth On Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape Of Youth In Correctional Custody, Overview Of Current Efforts, Close Out And Reactions (Delivery Strategies, Products)), Brenda V. Smith, Andie Moss

Presentations

Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. "The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and …

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Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd Nov 2005

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …

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First Force, William A. Edmundson Nov 2005

First Force, William A. Edmundson

Faculty Publications By Year

No abstract provided.

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Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd Nov 2005

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Michigan Law Review

Policymakers' false beliefs about capital punishment's universal deterrent effect may have caused many people to die needlessly. If deterrence is capital punishment's purpose then, in the majority of states where executions do not deter crime, executions kill convicts uselessly. Moreover, in the many states where the brutalization effect outweighs the deterrent effect, executions not only kill convicts needlessly but also induce the additional murders of many innocent people. After Part II discusses capital punishment's recent history in the United States, Part III reviews the conflict in recent studies on capital punishment and deterrence. Part IV explores differences in states' applications …

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Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, Roger Williams University School Of Law Oct 2005

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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Sounds Of Silence, Kenneth Lasson Sep 2005

Sounds Of Silence, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

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Book Review, David Dolinko Sep 2005

Book Review, David Dolinko

Journal of Legal Education

No abstract provided.

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How It Works: Sobriety Sentencing, The Constitution And Alcoholics Anonymous. A Perspective From Aa's Founding Community, Max E. Dehn Sep 2005

How It Works: Sobriety Sentencing, The Constitution And Alcoholics Anonymous. A Perspective From Aa's Founding Community, Max E. Dehn

ExpressO

This paper analyzes the public health as well as constitutional issues that arise when persons are required by courts to participate in 12-step recovery programs.

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Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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Calling A Truce In The Culture Wars: From Enron To The Cia, Craig S. Lerner Aug 2005

Calling A Truce In The Culture Wars: From Enron To The Cia, Craig S. Lerner

George Mason University School of Law Working Papers Series

This Article compares and evaluates recent Congressional efforts to improve institutional “cultures” in the private and public sectors. The Sarbanes-Oxley Act of 2002 was designed to upgrade corporate culture by patching up the “walls” that separate corporate management from boards of directors, accountants, lawyers, and financial analysts. The Intelligence Reform Act of 2005 took a different tack, hammering away at walls that supposedly segmented the intelligence community. The logic was that the market failed because people did not observe sufficient formalities in their dealings with one another, while the intelligence community failed precisely because people kept their distance from one …

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Overenforcement, Richard A. Bierschbach, Alex Stein Aug 2005

Overenforcement, Richard A. Bierschbach, Alex Stein

Articles

Overenforcement of the law is widespread but underinvestigated. Overenforcement occurs when the total sanction, both legal and extralegal, suffered by the violator of a legal rule exceeds the amount optimal for deterrence. Overenforcement sometimes generates overdeterrence that cannot be remedied through the adjustment of substantive liability standards or penalties in light of operational and expressive constraints. When that happens, the legal system can counteract the effects of overenforcement by adjusting evidentiary or procedural rules to make liability less likely. This framework, which we call the overenforcement paradigm, illuminates previously unnoticed features of various evidentiary and procedural arrangements. It also provides …

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Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons Jul 2005

Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons

Indiana Law Journal

No abstract provided.

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Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin Jul 2005

Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three recommendations concerning the role of mental disability in capital cases. The first two recommendations call for a prohibition on execution of offenders whose mental disorder rendered them less culpable at the time of the offense, and the third would prohibit execution of those whose mental disability currently renders them incompetent to pursue appeals or to be executed. This Article discusses the first two, culpability-related, recommendations. With respect …

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An Honest Approach To Plea Bargaining, Steven P. Grossman Jul 2005

An Honest Approach To Plea Bargaining, Steven P. Grossman

All Faculty Scholarship

In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.

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The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman Jun 2005

The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman

Michigan Law Review

Part I introduces the concepts of jurisdictional competition and crime displacement and argues that, as a positive matter, a decentralized criminal justice system may create a competitive process among the different units composing it, in which each such unit attempts to divert crime to neighboring communities. Part II then turns to evaluate the normative aspects of jurisdictional competition in the area of criminal justice. In this context I will show that competition can have both advantages and disadvantages. On one hand, the forces of competition might drive jurisdictions to fight crime efficiently, since any jurisdiction that functions inefficiently will suffer …

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Police And Democracy, David Alan Sklansky Jun 2005

Police And Democracy, David Alan Sklansky

Michigan Law Review

Part I of the Article describes the emergence in postwar America of a particular understanding of a democracy, an understanding generally referred to as "democratic pluralism," "analytic pluralism," "pluralist theory," or simply "pluralism." We will spend a fair bit of time unpacking pluralism, because its fine points will prove important when we turn to the task of tracing its reflections in criminal procedure. That task is taken up in Part II, which examines the ways in which the central tenets of democratic pluralism found echoes in criminal procedure - construed broadly to include not only jurisprudence and legal scholarship but …

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Juvenile Fear Of Crime And Attitudes Towards The Police: The Effect Of Implementing A School Resource Officer Program In Alaska High Schools, Sean A. Case May 2005

Juvenile Fear Of Crime And Attitudes Towards The Police: The Effect Of Implementing A School Resource Officer Program In Alaska High Schools, Sean A. Case

All-Inclusive List of Electronic Theses and Dissertations

This paper presents data concerning the effect uniformed police officers have on attitudes towards the police and fear of crime within the high school setting. Two identical surveys were administered to 522 high school students at two periods during a school year. The primary purpose was to determine whether placing uniformed police officers, called School Resource Officers, in high schools would improve attitudes towards the police and reduce the fear of crime. Although opinions towards the police were positively affected and the fear of crime was reduced, neither was affected significantly. The primary implication drawn from this research is that …

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Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio May 2005

Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio

UNLV Theses, Dissertations, Professional Papers, and Capstones

No abstract provided.

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Is There A Future For Leniency In The U.S. Criminal Justice System?, Nora V. Demleitner May 2005

Is There A Future For Leniency In The U.S. Criminal Justice System?, Nora V. Demleitner

Michigan Law Review

The spring 2004 release of the gruesome pictures of sexual humiliation and torture at Abu Ghraib prison outside of Baghdad revealed how some U.S. troops, intelligence officers, and private contractors treated Iraqi prisoners taken during and after the war. High-ranking government officials may have condoned, if not encouraged, the abuses. Only reluctantly have they agreed to extend protections customarily accorded civilians and military fighters during a war to individuals detained in Iraq and Afghanistan. As Congressional investigations appear to have stalled, military inquiries have been manifold but resultless. Only a handful of low ranking soldiers have been court-martialed, and a …

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Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii Apr 2005

Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii

Faculty Publications

This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.

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Citizen's Satisfaction With The Police, Kim Barshanet Baskerville Apr 2005

Citizen's Satisfaction With The Police, Kim Barshanet Baskerville

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research project is to examine three competing models of citizen satisfaction with the police: 1) citizen characteristics, 2) citizen experience with the police, and 3) citizen quality of life issues. Data were taken from Criminal Victimization and Perceptions of Community Safety in 12 Cities, 1998. The relationship between citizen satisfaction and the three models were tested by examining different types of contact between police and citizens, race, age, gender, and quality of life, which was measured by satisfaction with neighborhood and satisfaction with city. In addition, an item labeled disorder, which takes into consideration acts of …

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Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku Apr 2005

Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku

Cardozo Journal of International and Comparative Law

The article critiques Nigeria's absolute ban on corporate political activism as unrealistic and counterproductive, advocating for a more nuanced regulatory framework. It proposes allowing corporate political participation with safeguards like disclosure requirements and shareholder involvement, drawing insights from U.S., U.K., and Canadian approaches to balance free expression with corruption prevention.

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Subpoenas And Privacy, Christopher Slobogin Apr 2005

Subpoenas And Privacy, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or an administrative agency, subpoenas are extremely easy to enforce, merely requiring the government to demonstrate that the items sought pursuant to the subpoena are "relevant" to a investigation. Yet today subpoenas and pseudo-subpoenas are routinely used not only to obtain business records and the like, but also documents containing significant amounts of personal information about individuals, including medical, financial, and email records. Part I provides an …

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Differential Police Treatment Of Domestic And Nondomestic Assaults, Gina Michelle Sajko Apr 2005

Differential Police Treatment Of Domestic And Nondomestic Assaults, Gina Michelle Sajko

Sociology & Criminal Justice Theses & Dissertations

The current study examines the effects of type of assault and victim gender on police response. Victim accounts of domestic and nondomestic assaults in the San Diego region were examined. This study found that domestic assaults were significantly less likely to result in arrest than nondomestic assaults. Female victims of domestic assaults were more likely to receive police referrals to outside agencies. Assaults with victim injury were more likely to result in arrest for domestic assaults, and within the sample as a whole. The gender of the victim had no effect on arrest.

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Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane Mar 2005

Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane

Capital Defense Journal

No abstract provided.

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Smith V. Texas 125 S. Ct. 400 (2004) Mar 2005

Smith V. Texas 125 S. Ct. 400 (2004)

Capital Defense Journal

No abstract provided.

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United States V. Barnette 393 F.3d 775 (4th Cir. 2004) Mar 2005

United States V. Barnette 393 F.3d 775 (4th Cir. 2004)

Capital Defense Journal

No abstract provided.

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Mchone V. Polk 392 F.3d 691 (4th Cir. 2004) Mar 2005

Mchone V. Polk 392 F.3d 691 (4th Cir. 2004)

Capital Defense Journal

No abstract provided.

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Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith Mar 2005

Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith

Capital Defense Journal

No abstract provided.

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