Law Enforcement and Corrections Commons^™

Privatization And The Law And Economics Of Political Advocacy, Alexander Volokh

ExpressO

A common argument against privatization is that private providers, motivated by self-interest, will advocate changes in substantive policy. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating incarceration.

This “political influence” argument applies at least as well to public provision: Government agencies, too, lobby for changes in substantive law. In the prison industry, for instance, it is unclear whether private firms advocate incarceration to any significant extent, but public guard unions are known to do so …

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Grief and Hope (Hassan Jallow)
• Thoughts on the Family: A Proclamation to the World (Annette W. Jarvis)
• The Other Side of Time (Sheila K. McCleve)
• Utah's Board of Pardons and Parole (Jane H. Wise)

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen

Cardozo Public Law, Policy & Ethics Journal

The article examines how democratic nations, including Israel, Ireland, and the United States, balance national security secrecy with the rule of law in terrorism prosecutions. It highlights the challenges of using secret evidence in criminal trials while maintaining fair procedures, comparing the legal frameworks and practices of these countries. The analysis reveals common issues, such as the tension between protecting sensitive information and ensuring defendants' rights, and underscores the need for transparency and procedural integrity in terrorism cases.

Transnational Law And Regulation Of The Police, Christopher Slobogin

Journal of Legal Education

No abstract provided.

The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi

Buffalo Public Interest Law Journal

No abstract provided.

The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power, Juliet P. Stumpf

ExpressO

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. Although the connection between immigration and criminal law, or “crimmigration law,” is now the subject of national debate, scholarship in this area is in a fledgling state. This article begins to fill that void. It proposes a unifying theory – membership theory – for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract …

Beyond Conspiracy? Anticipatory Prosecution And The Challenge Of Unaffiliated Terrorism, Robert Chesney

ExpressO

How early does criminal liability attach along the continuum between planning and committing a terrorist act? And in light of the answer to that question, have we struck an appropriate balance between the benefits of prevention and the off-setting costs in terms of a potentially-increased rate of false-positives and foregone opportunities to gather additional intelligence and evidence? These questions are pressing, particularly in light of statements from senior government officials that the Justice Department will be “forward-leaning” in its interpretation of its anticipatory-prosecution powers. My aim in this article is to establish a shared understanding regarding the first question in …

Finding Redemption: How Picking Up The Phone Can Change A Lawyer's Life, Sean O'Brien

Faculty Works

The winner of the 2006 ABA Ross Essay Contest debated with himself whether to take a phone call from a death row inmate scheduled to be executed in 9 hours who turned out to be calling to request help for other prisoners. "As I hung up the phone, I experienced a profound awareness that no matter what each of us had previously done in our lives, at that moment Doyle Williams was a better human being than I. If a death row inmate can find redemption, maybe a lawyer can too."

Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A.

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Optimal Law Enforcement With Mandatory Defendant Class Actions, Nelson Rodrigues Netto

ExpressO

In this article we argue that the optimal law enforcement system is based on an ideal mechanism to prevent and redress harms in the mass information society. This goal is achieved by means of mandatory defendant class actions.

The idea of mass society has evolved in time since the beginning of the industrialization in the 18th century. At that time, the transformation of the means of production from artisanal craftwork to large scale machinery work, forged the concept of mass production. Nowadays, massive and expeditious relationships are created by sophisticated communications links, especially the Internet, furnishing services and goods, which …

The Optimal Law Enforcement With Mandatory Defendant Class Action, Nelson Rodrigues Netto

ExpressO

In this article we argue that the optimal law enforcement system is based on an ideal mechanism to prevent and redress harms in the mass information society. This goal is achieved by means of mandatory defendant class actions.

The idea of mass society has evolved in time since the beginning of the industrialization in the 18th century. At that time, the transformation of the means of production from artisanal craftwork to large scale machinery work, forged the concept of mass production. Nowadays, massive and expeditious relationships are created by sophisticated communications links, especially the Internet, furnishing services and goods, which …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann

ExpressO

This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.

An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard

Faculty Scholarship

This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated …

The Political Market For Criminal Justice, Rachel E. Barkow

Michigan Law Review

In 2004, the number of individuals incarcerated in the United States exceeded the two million mark. The current incarceration rate in the United States is 726 per 100,000 residents, the highest incarceration rate in the Western world and a dramatic increase from just three decades ago. Not only are more people serving time, but sentences have markedly lengthened. What should we make of these trends? The answer has been easy for most legal scholars: to them, the incarceration rate in the United States is too high, and reforms are necessary to lower sentences. But many political leaders and voters reach …

Crime, Criminals, And Competitive Crime Control, Wayne A. Logan

Michigan Law Review

Given the negative consequences of crime, it should come as no surprise that states will endeavor to make their dominions less hospitable to potential criminal actors. This predisposition, when played out on a national stage, would appear ripe for a dynamic in which states will seek to "out-tough" one another, leading to a spiral of detrimental competitiveness. Doran Teichman, in an article recently appearing in these pages, advances just such a view. Teichman posits that the decentralized structure of America's federalist system provides states with "an incentive to increasingly harshen" their crime control efforts, with the net result being excessive …

Decentralizing Crime Control: The Political Economy Perspective, Doron Teichman

Michigan Law Review

In an article recently published on the pages of this Law Review, The Market for Criminal Justice: Federalism, Crime Control, and Jurisdictional Competition ("The Market"), I put forward a theory of crime control in a decentralized government. Specifically, I made three distinct claims. First, criminal justice policies affect the geographic decision of criminals as to where to commit their crimes. Other things being equal, criminal activity will tend to shift to areas in which the expected sanction is lower. Second, local jurisdictions attempting to lower their crime rates will react to policies adopted by neighboring jurisdictions and try …

Facing Evil, Joseph E. Kennedy

Michigan Law Review

It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …

Entrapment By Numbers, Dru Stevenson

ExpressO

This essay analyzes emerging trends in entrapment law, and is the first to describe the declining numbers of reported cases that involve the entrapment defense. This phenomenon is attributed to decreasing levels of uncertainty in the rules pertaining to the defense, and to discreet procedural issues. The shifting degrees of certainty in penal rules, which have become increasingly mechanical and mathematical over time, are shown to disfavor certain defendants inherently, to the point of being a snare or source of “entrapment” themselves for these individuals. (Published in 16 J. Law & Pub. Pol’y 1 2005)

"Why Don't You Take Another Look At Number Three?": Investigator Knowledge And Its Effects On Eyewitness Confidence And Identification Decisions, Melissa B. Russano, Jason J. Dickinson, Sarah M. Greathouse, Margaret Bull Kovera

Cardozo Public Law, Policy & Ethics Journal

The article examines the impact of investigator knowledge on eyewitness identification and confidence, highlighting the potential for bias and the importance of implementing double-blind lineup procedures to mitigate such influences. It emphasizes the need for further research and policy changes to enhance the reliability of eyewitness testimony.

Improving Eyewitness Identifications: Hennepin County's Blind Sequential Lineup Pilot Project, Amy Klobuchar, Nancy K. Mehrkens Steblay, Hilary Lindell Caligiuri

Cardozo Public Law, Policy & Ethics Journal

The article examines the effectiveness of Hennepin County's blind sequential lineup pilot project in improving eyewitness identification accuracy. By implementing a protocol where photos are shown one at a time by an administrator unaware of the suspect, the study aims to reduce misidentifications and enhance the reliability of eyewitness testimony in criminal investigations.

Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson

All Faculty Scholarship

Among the profound issues that surround constitutional criminal procedure is the obscure often overlooked issue of who has standing to challenge an illegal search, seizure or confession. Privacy interests are often overlooked because without a legal status that allows a person to complain in court, there is no way to challenge whether one is constitutionally protected from personal invasions. Standing is that procedural barrier often imposed to prevent a person in a case from objecting to improper police conduct because of his or her relationship of ownership, proximity, location, or interest in an item searched or a thing seized. Although …

Introduction, Barry Scheck

Cardozo Public Law, Policy & Ethics Journal

The symposium aims to reform eyewitness identification procedures by fostering dialogue between law enforcement, social scientists, and legal experts. It seeks to address the high rates of mistaken identifications and improve the accuracy and reliability of eyewitness testimony through scientific research and practical implementations. The event highlights the human impact of wrongful convictions and explores evidence-based solutions to prevent such injustices.

Keynote Address: Reforming Eyewitness Identification, Thomas P. Sullivan

Cardozo Public Law, Policy & Ethics Journal

The article addresses the critical issue of eyewitness identification errors in criminal investigations, highlighting their role in wrongful convictions. It advocates for reform through improved identification procedures, particularly the sequential lineup method, and emphasizes the need for public and professional education on the fallibility of eyewitness testimony.

Police Identification Procedures: A Time For Change, Kenneth Patenaude

Cardozo Public Law, Policy & Ethics Journal

The article argues that eyewitness testimony, despite its influence, is often unreliable and a leading cause of wrongful convictions. The author, Lt. Kenneth Patenaude, details his involvement with the Department of Justice in developing the NIJ Guide to improve eyewitness evidence handling. The guide provides best practices aimed at reducing misidentifications and ensuring more reliable evidence in legal proceedings.

"Does It Take One To Know One?" A Comparison Of Police Recruits' And Sergeants' Perceptions Of A Good Police Officer, Kara K. Hoofnagle

Sociology & Criminal Justice Theses & Dissertations

Police departments strive to hire good officers. However, there is difficulty in defining what constitutes a good police officer. The literature is rife in defining what constitutes a good police officer and characteristics indicative of a good officer. Past research suggests that characteristics of a good police officer may be more than the characteristic itself and that officers' may form their perception of what characteristics good officers harbor based on socialization, the police subculture, and the official police organization.

As such, this study sought to explore the following research question: What differences, if any, exist between police recruits' and sergeants' …

Asymmetrical Attitudes And Participatory Justice, Michael Giudice

Cardozo Public Law, Policy & Ethics Journal

The article explores the asymmetry in attitudes toward law between legal officials and citizens, arguing that this disconnect leads to deficiencies in moral justice. It suggests that participatory justice practices, inspired by Aboriginal legal traditions, can bridge this gap by emphasizing context-sensitive, individualized approaches to dispute resolution.

Leaving Homeroom In Handcuffs: Why An Over-Reliance On Law Enforcement To Ensure School Safety Is Detrimental To Children, Jennie Rabinowitz

Cardozo Public Law, Policy & Ethics Journal

The note critiques the increasing reliance on law enforcement and criminal justice systems to address school safety, arguing that such measures are often costly, ineffective, and disproportionately impact minority students. It advocates for alternative strategies, such as early intervention, education, and student empowerment, to prevent violence and create safer school environments. These approaches, the note suggests, not only reduce reliance on punitive measures but also address underlying issues and foster positive student outcomes.

Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule

Michigan Law Review

Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is morally justified. This outlaw and forgive approach to coercive interrogation is supposed to prevent coercive interrogation from being applied in inappropriate settings, to be symbolically important, and nonetheless to permit justified coercive interrogation. We argue that the …