Law Enforcement and Corrections Commons^™

Implementing Talking Circles In A Living Learning Community, Shaniqua Jones

All Capstone Projects

Restorative Justice is a collaborative decision-making process that has been integrated as an alternative approach to historic means of justice systems globally for thousands of years. Restorative justice began to impact higher education in 1998 in order to strengthen student ties to their respective colleges and universities by enriching student voices and experiences in various areas of academic and student life, including living learning communities. Talking Circles are one of many restorative practices used to facilitate effective dialogue among shareholders because it fosters a similarity of integration, motivation, and values. The purpose of this research is to determine if the …

A Model Of Segmenting A High-Cost Crime Prevention Through Environmental Design Initiative, Paul Adams

All Capstone Projects

This project aimed to create a working model worthy to include within Schneider, Walker, and Sprague's description of a five-stage process of parceling out high-cost Crime Prevention Through Environmental Design (CPTED) initiatives. In 2002, the Department of Education and Department of Justice sponsored Schneider as the lead author for introducing and promoting CPTED initiatives for the first time in schools. This project's funding mechanism was created to help assist with the procurement of a highly priced CPTED initiative (key-less card system) for Suburban College.

Suburban College had faced a reoccurring pattern of theft from its classrooms and common areas. The …

We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg

Cardozo Journal of International and Comparative Law

The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

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

Indiana Law Journal

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 …

A Lack Of Transparency: The Restoring Proper Justice Act As A New Mourning Veil Of Execution Procedures, Brandon Konecny

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham

Economics Faculty Publications and Presentations

This paper uses the city level roll-out of legal service grants to evaluate their effects on crime. Using Uniform Crime Reports from 1960 to 1985, the results show that there is a short run increase of 7 percent in crimes reported and also a 13 percent increase in crimes cleared by arrest. Results show an increase in the staffing of police officers in cities that received legal services. These cities are also associated with having higher median property values 10 years later. This supports the narrative that legal services changed police behavior through litigation or threats of litigation.

Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department, Gerry Boyle

Colby Magazine

That Gross was a patrolman with the Berkeley (Calif.) Police Department for a year before going to graduate school may be only tangentially related to his decision to teach a course next semester called Policing the American City. But his time on the beat certainly gives him classroom cred.

Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian

Fordham Urban Law Journal

No abstract provided.

Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey

Fordham Urban Law Journal

No abstract provided.

Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman

Fordham Urban Law Journal

No abstract provided.

Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin

Fordham Urban Law Journal

No abstract provided.

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.

Aggregation And Urban Misdemeanors, Alexandra Natapoff

Fordham Urban Law Journal

The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …

The Pracademic And Academic In Criminal Justice Education: A Qualitative Analysis, James E. Mccabe, Stephen A. Morreale, John R. Tahiliani

Criminal Justice Faculty Publications

Over the past several years, a few hundred colleagues involved in criminal justice education have participated in panel discussions and roundtables to discuss the trials and issues that have been observed by practitioners turned academics, or “pracademics.” Some complained of having difficulty breaking into academia. A debate has occurred in a number of colleges and universities over the benefit of having faculty with traditional academic credentials versus hiring non-traditional scholars with a blend of educational and practical experience. Similarly, there have been lively discussions over the appropriateness of a J.D. or professional doctorate as opposed to a Ph.D. in criminal …

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Faculty Publications

No abstract provided.

No Clean Hands In A Dirty Business: Firing Squads And The Euphemism Of "Evolving Standards Of Decency", Alexander Vey

Vanderbilt Law Review

"If we, as a society, cannot stomach the splatter from an execution carried out by firing squad, then we shouldn't be carrying out executions at all." Judge Kozinski of the Ninth Circuit Court of Appeals laid down this challenge to reform the "inherently flawed" use of lethal injection in carrying out the death penalty. Justice Sotomayor recently voiced similar concerns, stating, "[W]e deserve to know the price of our collective comfort before we blindly allow a State to make condemned inmates pay it in our names." These judges' reasoning should underlie any discussion of the death penalty: can we, as …

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

Articles

The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.

Petion For A Writ Of Certiorari. Knight V. Thompson, 136 S.Ct. 2534 (2016) (No. 15-999), 2016 U.S. S. Ct. Briefs Lexis 542, 2016 Wl 447654, Eric Schnapper, Mark Sabel, Peter Fruin, Randall C. Marshall, Roy S. Haber

Court Briefs

QUESTION PRESENTED In Holt v. Hobbs, 135 S.Ct. 853 (2015), this Court held that the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), renders unlawful an absolute ban on inmates' wearing a beard for religious reasons. The Eleventh Circuit, subsequent to and despite this Court's decision in Holt, rejected a RLUIPA challenge to Alabama's similarly inflexible policy prohibiting all male inmates from wearing long hair for religious reasons. A vast majority of states, the District of Columbia, and all federal prisons accommodate inmates whose religious practices include wearing beards or long hair. The Question Presented is: Whether Alabama's …

Police Culture In The Twenty-First Century: A Critique Of The President's Task Force's Final Report, Julian A. Cook Iii

Notre Dame Law Review Reflection

In response to a series of events involving police-citizen encounters, including those in Ferguson, Missouri, and Staten Island, New York, that have strained relations between law enforcement and the communities (primarily minority) that they serve, President Barack Obama established a task force charged with developing a set of recommendations designed to improve police practices and enhance public trust. Headed by Charles Ramsey, Commissioner of the Philadelphia Police Department, and Laurie Robinson, former Assistant Attorney General for the U.S. Department of Justice Office of Justice Programs, and currently a Professor of Criminology, Law, and Society at George Mason University, the eleven-member …

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

From Garner To Graham And Beyond: Police Liability For Use Of Deadly Force — Ferguson Case Study, Kyle J. Jacob

Chicago-Kent Law Review

On August 9, 2014, an unarmed black teenager was shot to death by a white police officer in the St. Louis suburb of Ferguson, Missouri. Just over a year later, the dust has yet to settle. Since that fateful afternoon, tensions between law enforcement and segments of American society seem to have reached a critical mass. Far, far too many tragedies have ensued. The wildfire that is social media has led to a polarization and politicization of what unfortunately seem to have become competing movements. “Black Lives Matter” and “Police Lives Matter” have somehow become competing socio-political battle cries. While …

Riley V. California And The Stickiness Principle, Steven I. Friedland

Duke Law & Technology Review

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …

What's Going On In Our Prisons?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Additional governmental oversight is urgently needed to truly change the culture of a system that holds 53,000 inmates across 54 prisons in New York State. What goes on inside these prisons is largely hidden from view, and there is little accountability for wrongdoing. The State Legislature should follow the A.B.A.’s guidance and establish a monitoring body with unfettered access to prison facilities, staff, inmates and records in announced or unannounced visits.

2016 Annual Campus Security And Fire Safety Report, Larry Banaszak

Otterbein Police Department

The report is designed to provide you with important information about security and fire safety on campus. In addition to outlining the details of the many safety programs Otterbein offers its community members, the report also contains statistics about reported crimes and fire safety initiatives on campus.

The Exceptional Circumstances Of Johnson V. United States, Leah M. Litman

Michigan Law Review First Impressions

Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Since Johnson was decided six months ago, courts have been sorting out which of the currently incarcerated defendants who were sentenced under ACCA’s residual clause may be resentenced. Determining who can be resentenced in light of Johnson requires courts to answer several questions. For example, does the rule in Johnson apply retroactively to convictions that have already become final? And can prisoners who have already filed one petition for postconviction review—review that occurs after a defendant’s conviction has become final— file …

Norway's Prison System: Investigating Recidivism And Reintegration, Meagan Denny

Bridges: A Journal of Student Research

Recidivism rates are high in most Western countries and, as prisons in these countries become overcrowded, the resources meant to enhance reintegration of inmates into society can be inadequate or nonexistent. On the other hand, Norway has one of the lowest recidivism rates among Western nations, at approximately 20 percent. Norway also has, along with other Scandinavian countries, a unique approach to its prison system. This paper discusses the exceptionalism associated with Norway's prison system and explores the reasons behind its low recidivism rates, with a focus on the encouragement of reintegration of inmates into society. With the educational opportunities …

Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey

UIC John Marshall Journal of Information Technology & Privacy Law

The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …

Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.