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Law Enforcement and Corrections Commons™

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2016

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Institution
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Articles 31 - 60 of 217

Full-Text Articles in Law Enforcement and Corrections

What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas Oct 2016

What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Articles

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …


Tinjauan Hukum Eksistensi Dari Undang-Undang Nomor 8 Tahun 2015 Setelah 25 Kali Pengujian Undangundang Di Mahkamah Konstitusi Pada Tahun 2015, Achmadudin Rajab Sep 2016

Tinjauan Hukum Eksistensi Dari Undang-Undang Nomor 8 Tahun 2015 Setelah 25 Kali Pengujian Undangundang Di Mahkamah Konstitusi Pada Tahun 2015, Achmadudin Rajab

Jurnal Hukum & Pembangunan

Direct regional election is the method chosen by the majority of Indonesian to percieve the phrase “democratically elected.” Implementation of simultaneous regional election is governed by Law No. 8 of 2015, which is the amendment of Law No. 1 of 2015. The reason on why the people prefer direct regional election is formation and implication of its legitimacy. Head of local government requires its own legitimacy, so that is why direct election by the people is needed. This is also inline with interpretation of democratic election by the majority of Indonesian people. Moreover, since the first implementation of simultaneous regional …


Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin Sep 2016

Police Body Worn Cameras And Privacy: Retaining Benefits While Reducing Public Concerns, Richard Lin

Duke Law & Technology Review

Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras may pose privacy concerns for individuals who are recorded, as the footage may fall under open records statutes that would require the footage to be released upon request. Furthermore, storage of video data is costly, and redaction of video for release is time-consuming. While exempting all body camera video from release would take care of privacy issues, it would also prevent the public …


A Legal Obituary For Ramiro, Sheri Lynn Johnson Sep 2016

A Legal Obituary For Ramiro, Sheri Lynn Johnson

University of Michigan Journal of Law Reform

Most death penalty lawyers who practice long enough will watch the execution of a client. It is always, always terrible, but not always terrible in the same way. With each client’s execution, a lawyer is confronted with the death of a human being—not an accidental death, not an inevitable death, but an avoidable one—and with his or her own failure to prevent that death. Some executions also involve a very personal loss for the lawyer because of their relationship with the client. Other executions are horrific because things go awry and impose extreme suffering on the executed individual. No matter …


Study On The Legal Problems Of Implementing The International Ship Registration System In Guangzhou Pilot Free Trade Area, Shibo Zhao Aug 2016

Study On The Legal Problems Of Implementing The International Ship Registration System In Guangzhou Pilot Free Trade Area, Shibo Zhao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


A Comparative Study On The Function Of Marine Management Between China Msa And China Coast Guard, Meng Wang Aug 2016

A Comparative Study On The Function Of Marine Management Between China Msa And China Coast Guard, Meng Wang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen Aug 2016

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …


Campus Safety Advisory: Share The Road, Larry Banaszak Aug 2016

Campus Safety Advisory: Share The Road, Larry Banaszak

Otterbein Police Department

The Otterbein University CAMPUS SAFETY BULLETIN is intended to provide safety and security information to students, faculty and staff in order to help the campus community be aware of security concerns and assist in maintaining a safe and secure campus environment.


A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones Aug 2016

A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones

University of Miami Race & Social Justice Law Review

No abstract provided.


You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino Aug 2016

You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino

University of Miami Race & Social Justice Law Review

No abstract provided.


Abetting Mass Prison Escape: A Defense, David W. Frank Aug 2016

Abetting Mass Prison Escape: A Defense, David W. Frank

University of Miami Race & Social Justice Law Review

No abstract provided.


The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith Aug 2016

The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith

University of Miami Race & Social Justice Law Review

No abstract provided.


Ending The Internal Affairs Farce, Rachel Moran Aug 2016

Ending The Internal Affairs Farce, Rachel Moran

Buffalo Law Review

No abstract provided.


Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi Jul 2016

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Children And International Criminal Justice, Fatou Bensouda Jul 2016

Children And International Criminal Justice, Fatou Bensouda

Georgia Journal of International & Comparative Law

No abstract provided.


Convening Experts On Children And International Criminal Justice, Diane Marie Amann Jul 2016

Convening Experts On Children And International Criminal Justice, Diane Marie Amann

Georgia Journal of International & Comparative Law

No abstract provided.


A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust Jul 2016

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni Jul 2016

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it produced the …


The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell Jul 2016

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These …


Technology Doesn't Change The Need For Legal Protection, Kami N. Chavis Jul 2016

Technology Doesn't Change The Need For Legal Protection, Kami N. Chavis

Popular Media

No abstract provided.


Hate Crime Laws To Protect Police Are Misguided, Kami Chavis Jul 2016

Hate Crime Laws To Protect Police Are Misguided, Kami Chavis

Popular Media

JURIST Guest Columnist Kami N. Chavis of Wake Forest University School of Law discusses the recent proposals to add police officers to hate crime statutes.


How We Move Beyond Dallas, Spencer Overton, Kami Chavis Jul 2016

How We Move Beyond Dallas, Spencer Overton, Kami Chavis

Popular Media

Calls for healing and reconciliation in the wake of recent racial violence overlook the substantive, concrete steps that experts say would help forestall the next police tragedy.


Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky Jul 2016

Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky

Law School Blogs

No abstract provided.


Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law Jun 2016

Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe Jun 2016

Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe

Northwestern University Law Review

The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, …


Forging Ahead From Ferguson: Re-Evaluating The Right To Assemble In The Face Of Police Militarization, Ashley M. Eick Jun 2016

Forging Ahead From Ferguson: Re-Evaluating The Right To Assemble In The Face Of Police Militarization, Ashley M. Eick

William & Mary Bill of Rights Journal

No abstract provided.


The Effectiveness Of Self-Regulatory Gambling Advertising Rules On The Protection Of Minors And Vulnerable Persons (Uk Based Study), Margaret Carran Dr Jun 2016

The Effectiveness Of Self-Regulatory Gambling Advertising Rules On The Protection Of Minors And Vulnerable Persons (Uk Based Study), Margaret Carran Dr

International Conference on Gambling & Risk Taking

The liberalisation of the gambling advertising facilitated in the UK by the Gambling Act 2005 led to a natural but phenomenal overall expansion of gambling advertising. While any claims that such gambling marketing may lead to harm continue to be strongly contested, it is at least implicitly accepted that some vulnerable persons, including minors, may require specific protection as mandated by the statutory licensing objective. In the UK this is aimed to be achieved by ensuring that gambling advertisements are ‘socially responsible’ and by the timing/placement restrictions. Compliance is monitored by the ASA that also publishes standards-setting Codes and adjudicates …


To Promote Or Not To Promote: An Inquiry Into The Experiences Of Female Police Officers And Their Decisions To Pursue Promotion, Kristin Poleski Jun 2016

To Promote Or Not To Promote: An Inquiry Into The Experiences Of Female Police Officers And Their Decisions To Pursue Promotion, Kristin Poleski

Dissertations

Despite an increase in the number of female police officers in U.S. police agencies, female representation in supervisory (sergeant and lieutenant) and command (captain, assistant chief and chief) positions in most agencies is limited. This research study focuses on the promotional aspirations as an explanation of limited female representation with attention to the decision-making criteria female police officers use when deciding to participate in the promotional process. This study also examines the institutional, political, organizational structures, and/or personal factors which may impact the female police officers’ decisions to participate in the promotion process. And, this study examines a factor mentioned …


Legislating Agency Use Of Unmanned Aerial Vehicles In Washington State, Ashleigh B. Rhodes Jun 2016

Legislating Agency Use Of Unmanned Aerial Vehicles In Washington State, Ashleigh B. Rhodes

Washington Law Review

After years of hearing about “drone strikes” in the Middle East meant to kill terrorists that also kill and maim innocent civilians, Americans have legitimate concerns about the government’s use of unmanned aerial vehicles (UAVs) domestically. The public’s anxiety over law enforcement agency use of domestic UAVs stems from worries that UAVs will significantly invade citizens’ privacy. In an effort to allay these privacy concerns, state legislators, including those in Washington State, have introduced statutes aimed at curbing law enforcement agency use of UAVs. However, state legislators should carefully draft legislation to ensure that agencies not acting in a law …


Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick Jun 2016

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …