Law Enforcement and Corrections Commons^™

Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai

Journal Articles

No abstract provided.

Moms Behind Bars: Motherhood In Eshowe Correctional Center, Indiana Gowland

Independent Study Project (ISP) Collection

Motherhood represents a integral part of human life. In South Africa particularly, mothers are primarily responsible for caring for their families, often with little or no help from a male partner. But what happens to the notion of motherhood when women find themselves separated from their children or raising children in a restrictive and harsh environment? This study looks at the construction of motherhood within Eshowe Correctional Facility for Women. I conducted research as an attachment to Phoenix Zululand, an organization that provides rehabilitation services to inmates in the prisons of Zululand. For two weeks, I lead Phoenix's program “Starting …

Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …

Extending Hope Into "The Hole": Applying Graham V. Florida To Supermax Prisons, Joseph B. Allen

William & Mary Bill of Rights Journal

No abstract provided.

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Faculty Publications

Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …

The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti

Buffalo Public Interest Law Journal

No abstract provided.

J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson

Michigan Law Review First Impressions

This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …

Collateral Review Of Career Offender Sentences: The Case For Coram Nobis, Douglas J. Bench Jr.

University of Michigan Journal of Law Reform

Occasionally, criminals correctly interpret the law while courts err. Litigation pursuant to the federal Armed Career Criminal Act (ACCA) includes numerous examples. The ACCA imposes harsher sentences upon felons in possession of firearms with prior "violent felony" convictions. Over time, courts defined "violent" so contrary to its common meaning that it eventually came to encompass driving under the influence, unwanted touching, and the failure to report to correctional facilities. However, in a series of recent decisions, the Supreme Court has attempted to clarify the meaning of violent in the context of the ACCA and, in the process, excluded such offenses. …

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Brave New World Of Stop And Frisk, Ron Bacigal

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …

Does Qualified Immunity Matter?, Alexander A. Reinert

Articles

In litigation brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), most commentators agree that qualified immunity plays a substantial role in limiting plaintiffs' ability to recover compensation. Many find this tradeoff acceptable, in part because of concerns of fairness to government official defendants and in part because courts may still play a central role in announcing the law without worrying over the retroactive effect their decision will have on the personal funds of the defendant official.

This paper considers the different role that qualified immunity may play in …

Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.

There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for financial …

The Dynamics Of Drug Trafficking/ Smuggling By Female Offenders In The Trinidad And Tobago Prison Service: An Exploratory Mixed-Methods Approach, Le 'Jeane' Iman Ellis

Sociology & Criminal Justice Theses & Dissertations

Female offenders incarcerated for the crime of drug trafficking/smuggling have received little research attention. This thesis is an exploratory study designed to help fill that gap. As such, the study is primarily focused on women involved in the illicit drug economy via their participation in drug trafficking/ smuggling activities and secondarily focused on the general population of females incarcerated/remanded for various other crimes. Within the relevant body of research the term "trafficking" is loosely utilized (Fleetwood 2009). Thus to provide clarity, in this research project the terms "trafficking" and "smuggling" are used interchangeably and specifically reference the act of international …

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

Legislation and Policy Brief

In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution.  Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.  These include the absolute prohibition of handguns held and used for self-defense in the home.”  After four years of …

The Origins Of Back-End Sentencing In California: A Dispatch From The Archives, Sara Mayeux

Vanderbilt Law School Faculty Publications

In recent years, policy analysts have generated a small body of literature about the practice of "back-end sentencing," observing that California uses parole revocation in lieu of criminal prosecution for a surprisingly high number of cases, including many that would otherwise be considered serious crimes. Some of these offenders may be getting away with far shorter sentences than if their conduct were prosecuted criminally. Surely others are being railroaded into serving time for charges of which they could never be convicted beyond a reasonable doubt. And many are being cycled in and out of prison on fairly minor violations for …

The Police Gamesmanship Dilemma, Mary D. Fan

Articles

Police gamesmanship poses a recurring regulatory challenge for constitutional criminal procedure, leading to zigzags and murky zones in the law such as the recent rule shifts regarding searches incident to arrest and interrogation. Police gamesmanship in the “competitive enterprise of ferreting out crime” involves tactics that press on blind spots, blurry regions or gaps in rules and remedies, undermining the purpose of the protections. Currently, courts generally avoid peering into the Pandora’s Box of police stratagems unless the circumvention of a protection becomes too obvious to ignore and requires a stopgap rule-patch that further complicates the maze of criminal procedure. …

"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth

American University Journal of Gender, Social Policy & the Law

No abstract provided.

History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann

University of Richmond Law Review

Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.

Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White

BYU Law Review

No abstract provided.

Driving Forces: Police Fatalities, Carol Servino

Graduate Research Symposium (2010 - 2017)

Law enforcement is an inherently risky occupation. The number of traffic-related fatalities for law enforcement officers in the U.S. during the past 13 years has been increasing; however, the number of fatalities for the general population in motor vehicle traffic incidents declined during the same time period.

The federal government reports that federal motor vehicle safety standards aswell as behavioral and vehicle safety programs implemented by state and local law-enforcement agencies contributed to the downward trend for the general public.

What accounts for the pattern and problem with police driving-related deaths?

Facebook And The Police: Communication In The Social Networking Era, Mari Sakiyama, Deborah K. Shaffer, Joel D. Lieberman

Graduate Research Symposium (2010 - 2017)

An increasing number of police departments are using Facebook to communicate with the public. As with any emerging communications technology, there is considerable variation in the usage of this medium. This study reports the results of a content analysis designed to determine how police departments are using Facebook.

Defending Profiling While Combating Racism: A Companion To Ogletree's Presumption Of Guilt, Amos N. Jones

North Carolina Central Law Review

No abstract provided.

Impeding Reentry: Agency And Judicial Obstacles To Longer Halfway House Placements, S. David Mitchell

Faculty Publications

Part I of this article details the Bureau of Prisons' rules and policies governing inmate placement, including the most recent iteration. Part II examines Chevron27 and the Bureau of Prisons' extraordinary justification exception rule. Part III turns to the threshold matter of obtaining judicial access to challenge the Bureau of Prisons' new rule, with Part III.A arguing that the federal courts should relax their standards when faced with exceptions to the exhaustion requirement and Part III.B arguing for the adoption of a federal public importance exception to the mootness doctrine. The article concludes that these changes will further Congress' dual …

"Your Honor, May I Have That In Writing?" A Proposed Response To Violations Of The Federal Sentencing Written Reasons Requirement, Judy Ann Clausen

UF Law Faculty Publications

A disturbing trend has emerged in our federal courts. District judges are ignoring the statutory mandate to state in writing specific reasons for deviating from the range recommended by the Federal Sentencing Guidelines. Rather than vacating these out-of-range sentences, U.S. Courts of Appeals are affirming the sentences despite the fact that they are imposed in violation of law. This article proposes a solution to this problem.

In Part I, this article explores the historical and legal context for the written reasons requirement. Part II explores two circuit splits surrounding the written reasons requirement. Part III recommends that appellate courts adopt …

Police Independence And The Military Police, Kent Roach

Osgoode Hall Law Journal

This article examines police independence in the context of the military police. The author concludes that the independence of the military police to investigate both Criminal Code and Code of Service Discipline offences should be recognized as part of the unwritten constitutional principle associated with the rule of law and as a principle of fundamental justice under section 7 of the Charter. The author examines the increased recognition of the importance of police investigative independence since the Somalia Inquiry, including the recent expansion of the command authority of the Canadian Forces Provost Marshal over all military police. The relation between …

Prison Ain’T Hell: An Interview With The Son Of Sam—David Berkowitz, And Why State-Funded Faith-Based Prison Rehabilitation Programs Do Not Violate The Establishment Clause, Rebekah Binger

Pace Law Review

No abstract provided.

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

Faculty Scholarship

No abstract provided.