Law Enforcement and Corrections Commons^™

Adree Edmo, The Eighth Amendment, And Abolition: Evaluating The Fight For Gender-Affirming Care In Prisons, Mike Greene

William & Mary Journal of Race, Gender, and Social Justice

This Comment argues that the Eighth Amendment litigation strategy to secure gender confirmation surgery for incarcerated transgender people is a non-abolitionist “reformist” reform that expands the criminal punishment system that perpetuates state violence against transgender people. This Comment proposes an abolitionist framework as a transformative approach to evaluating criminal punishment system reforms and securing gender-affirming care for transgender people, incarcerated or otherwise. This Comment then proposes two abolitionist steps towards trans justice, health, and liberation.

This Comment will first provide background on gender-affirming medical care, current medical standards for assessing gender-affirming care, and the standards that courts use to evaluate …

Imposing A Daily Burden On Thousands Of Innocent Citizens: The Supreme Court Unnecessarily Limited Motorists' Fourth Amendment Rights In Kansas V. Glover, George M. Dery

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes Kansas v. Glover, in which the Supreme Court ruled that an officer could stop a vehicle owned by a person having a revoked license on the assumption that the owner was currently driving the vehicle. This work examines the concerns created by Glover’s ruling. This Article asserts that, in creating its new rule enabling police to stop a motorist without first confirming his or her identity, the Court based its holding on the existence of two facts, thus effectively changing its traditional “totality of the circumstances” analysis for reasonable suspicion to a categorical rule. Further, …

Critical Legal Studies And The Police, Nirej Sekhon

Cardozo Law Review

Constitutional police regulation is a complex tangle of substantive rights, remedies, and procedural rules. Together, they appear to scaffold a cohesive system of police restraint. Legal scholars tend to focus criticism on specific rules, impelled by faith that the system can be made to serve its core purpose: protecting civilians against police overreach and abuse. Drawing on critical legal studies, this Article contends that constitutional police regulation is incapable of realizing its putative purpose. Constitutional police regulation frames policing as a series of isolated, individual police-civilian encounters. This is compounded by the unpredictable interpretive interplay between substantive, remedial, and procedural …

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental, & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are …

Modern Law Enforcement Training Based On Four Classic Psychological Experiments, Mkay Bonner, Mark S. Johnson

Contemporary Southern Psychology

Psychology as a discipline is alive and well. Psychology is so much more than just therapy or research with rats. Psychological science is applied to real life in a myriad of ways every day. One excellent example is the use of four classic psychological experiments as a foundation for the Active Bystandership for Law Enforcement (ABLE) training curriculum. This contemporary police training program seeks to reduce harm and improve the national law enforcement culture. The four classic psychological science experiments that are used in this evidence-informed curriculum include Diffusion of Responsibility from Darley and Latane’, the Seminary Experiment from Darley …

Crisis Deescalation: A Brief Review And Variations On A Model, Mkay Bonner, Mark S. Johnson

Contemporary Southern Psychology

The demand for changes in police responses to crises are loud and compelling. One such recommended change is from a Warrior mindset to a Guardian mindset. The emphasis in the Guardian philosophy is on law enforcement officers (LEOs) as protectors instead of fighters. This mindset emphasizes deescalation instead of the use of force whenever possible. Several deescalation courses existed but more have been created recently. This recent increase has been due, in part, to profiteers wanting to benefit from the change in philosophy and training. A brief history starting with the legend in deescalation, Crisis Intervention Team (CIT) Training, is …

How To Get Away With Murder: When A White Male Police Officer Kills A Young Black Person, Mitchell F. Crusto

Washington and Lee Law Review Online

Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified immunity, willful intent, and objective reasonableness, as condoned by the Court, allow police officers to “get away with murder.”

Improvement Of Departmental Control Of Competent Authorities In The Field Of Juveniles, As An Important Factor In Increasing The Efficiency Of Prosecutorial Supervision Of Execution Of The Laws In This Area, Ibragimov Diyorbek Shuxrat O’G’Li

ProAcademy

The article provides a comprehensive critical analysis of the activities of the competent authorities to ensure the rights and legitimate interests of juveniles in our country. Also, by using practical examples, it was identified problems and shortcomings of departmental control activities of these responsible bodies. In addition, it theoretically analyzes the similarities and differences between “departmental supervision” and “prosecutorial supervision” in the field of juveniles. At the same time, cases of violations of the law, which are allowed by the competent authorities in this area, revealed in the course of inspections carried out by the prosecutor's offices, are described on …

Building Leaders In Policing: Using Leadership Characteristics And Attributes To Develop First-Line Supervisors And Line Officers, Brad Stewart

Education Projects

Organizational effectiveness and legitimacy in policing are largely based on public perception witnessed predominantly through interactions with line officers and first-line supervisors. The demand for highly effective first-line supervisors falls short as agencies are ill-equipped to provide leader development. This mixed methods study examined the characteristics and attributes of first-line supervisors as perceived by line officers in the Asheboro, North Carolina Police Department. Specifically, it sought to answer the following questions: (a) Which dominant characteristics and attributes are perceived by police officers to be associated with leader efficacy; (b) Which of the perceived characteristics and attributes contribute to the development …

Who Can Protect Black Protest?, Brandon Hasbrouck

Scholarly Articles

Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and federal agents for constitutional rights violations create a further barrier to relief. Courts have only recognized damages as a remedy for such abuses in limited contexts against federal employees under the Bivens framework. The history of Black protest movements reveals the violent responses police have to such challenges …

The Common Prosecutor, Melanie D. Wilson

Scholarly Articles

This symposium piece stems from the Loyola University of Chicago Law Journal’s Criminal Justice Symposium and my engagement with a panel of experts discussing wrongful convictions, pleas, and sentencing. The essay focuses on the role of prosecutors and contends that the system will improve only when more law school graduates of every race, religion, gender identity, background, ideology, ability, sexual orientation, and other characteristics serve as prosecutors. We have witnessed the rise of the “progressive prosecutor.” Now, we need to add more “common prosecutors.”

The homogeneity of prosecutors is well known and well documented. For example, as of October 2020, …

When Police Volunteer To Kill, Alexandra L. Klein

Scholarly Articles

The Supreme Court has upheld the constitutionality of lethal injection, yet states continue to struggle with drug shortages and botched executions. Some states have authorized alternative methods of execution, including the firing squad. Utah, which has consistently carried out firing squad executions throughout its history, relies on police officers from the jurisdiction where the crime took place to volunteer to carry out these executions. This represents a plausible--and probable--method for other states in conducting firing squad executions.

Public and academic discussion of the firing squad has centered on questions of pain and suffering. It has not engaged with the consequences …

The New Jim And Jane Crow Intersect: Challenges To Defending The Parental Rights Of Mothers During Incarceration, Carla Laroche

Scholarly Articles

Family law scholars and advocates have expressed the importance of providing counsel to parents in the family regulation system, especially parents who are incarcerated, because of the system’s complexities. This article establishes, however, that when mothers must navigate both the family regulation and criminal legal systems, the protections appointed parents’ counsel are supposed to provide are weakened. These harms are heightened especially for Black mothers within the carceral state. As this article shows, appointed lawyers in family regulation cases cannot properly protect the due process rights of mothers who are incarcerated because of the added challenges both mothers and their …

2022 Annual Campus Security And Fire Safety Report, Otterbein Police Department

Otterbein Police Department

2022 Annual Campus Security and Fire Safety Report from the Otterbein Police Department. The crime and arrest statistics compiled by OPD are from calendar years 2019, 2020, and 2021.

The Inequity Of Third-Party Bail Practices, Judge Patrick Carroll

Loyola University Chicago Law Journal

For many criminal defendants, a common source of bail funds is their own family or friends. Such individuals typically assist in the expectation that if the defendant complies with court orders and satisfies all court appearances, their money will be returned to them. In revenue-motivated court systems, however, bail funds--even when owned by a third party--are often applied to the defendant's fines and court costs, resulting in the effective forfeiture of the friend or relative's money. This Article reviews the processes of third-party bonds, the risk that a third-party bond will be incorrectly identified as the defendant's asset, and the …

Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski

Catholic University Journal of Law and Technology

No abstract provided.

Neurorights For Incarcerated Persons: Should We Curb Inflation?, Shannon Fyfe, Elizabeth Lanphier, Andrew Peterson

Scholarly Articles

We support protecting privacy and freedom, both generally and in carceral settings. Yet we remain skeptical that expanding so-called “neurorights” achieves these aims (cf. Bublitz 2022). Instead, it may inflate human rights in ways that diminish the ability to enforce them, overlook the ways in which incarceration is at odds with other human rights, and raise questions of whether neurotechnologies can violate such rights in the ways Ligthart et al. imply.

Daniel Groves : Alma Mater Award, St. Norbert College

Alumni Award Bios

Daniel Groves is posthumously honored with the Alma Mater Award in appreciation and recognition of his life full of continued service to the community.

"Only To Have A Say In The Way He Dies": Bodily Autonomy And Methods Of Execution, Alexandra L. Klein

Scholarly Articles

Capital punishment is one of the most significant intrusions into a person's bodily autonomy; the state takes a person's life. Even though the state has stripped a person on death row of much of their autonomy and intends to kill them, removing all autonomy, a person sentenced to death may, in some circumstances, choose how they will die. While most states rely on a single method of execution, some states permit a condemned person to choose among two or more methods of execution. Constitutional challenges to methods of execution requires the challenger to demonstrate a substantial risk of severe pain …

Reimagining Public Safety, Brandon Hasbrouck

Scholarly Articles

In the aftermath of George Floyd’s murder, abolitionists were repeatedly asked to explain what they meant by “abolish the police”—the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists’ secondary proposals, as interviewers quickly jettisoned the idea of literally abolishing the police. What the incredulous journalists failed to see was that abolishing police and prisons is not aimed merely at eliminating the collateral consequences of other social ills. Abolitionists seek to build a society in which policing and incarceration are unnecessary. Rather than a society without a means of protecting public safety, …

The Common Prosecutor, Melanie D. Wilson

Loyola University Chicago Law Journal

This symposium piece stems from the Loyola University of Chicago Law Journal's Criminal Justice Symposium and my engagement with a panel of experts discussing wrongful convictions, pleas, and sentencing. The essay focuses on the role of prosecutors and contends that the system will improve only when more law school graduates of every race, religion, gender identity, background, ideology, ability, sexual orientation, and other characteristics serve as prosecutors. We have witnessed the rise of the “progressive prosecutor.” Now, we need to add more “common prosecutors.”

The homogeneity of prosecutors is well known and well documented. For example, as of October 2020, …

A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson

Psychology Faculty Scholarship

Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …

Life In Hampton Roads Survey Press Release #5: Experiences And Attitudes Towards The Police And Reactions To Crime, Social Science Research Center, Old Dominion University

Life in Hampton Roads Survey Report

Life in Hampton Roads 2022 - Experiences and Attitudes Towards the Police and Reactions to Crime

For the past few years, the Life in Hampton Roads survey has included two items measuring negative experiences with the police:

1. In the past year, have you or someone close to you had a negative experience with police (e.g., the officer shouted at you, cursed at you, pushed or grabbed you)?

2. In the past year, have you heard of someone in your local community who had a negative experience with police (e.g., the officer shouted at them, cursed at them, pushed or …

Putting Cano On Ice – A Path Forward For Border Searches Of Electronic Devices, Davis Price Shugrue

Vanderbilt Journal of Entertainment & Technology Law

Across the country, circuit courts disagree over what level of suspicion, if any, is required for border officials to search electronic devices. This leaves law enforcement agencies in the lurch because they must craft nationwide policies that cover jurisdictions with differing rules. The Supreme Court should bring this quandary to an end by holding that no reasonable suspicion or warrant is required for border searches of electronic devices. Many scholars and litigants have called for a reasonable suspicion or warrant requirement in light of Supreme Court decisions like Riley and Carpenter that recognize the privacy concerns raised by searches of …

Johnson V. City Of Ferguson: Unreasonable Seizures Of Bystanders Of Police Brutality, 55 Uic L. Rev. 587 (2022), Cashmere Cozart

UIC Law Review

No abstract provided.

In Practice But Not In Name: The Futility Of The Thirteenth Amendment In Protecting Against Forced Labor In Correctional Facilities And Detention Centers In The U.S., 55 Uic L. Rev. 549 (2022), Holly Etheridge

UIC Law Review

No abstract provided.

In Need Of Transition: Transgender Inmate Access To Gender Affirming Healthcare In Prison, 55 Uic L. Rev. 773 (2022), Erin Murphy Fete

UIC Law Review

No abstract provided.

Rise Of Police Unions On The Back Of The Black Liberation Movement, Ayesha Bell Hardaway

Connecticut Law Review

Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American cities. Instead, collective bargaining rights for law enforcement began to gain firm footing during the 1960s as white Americans remained committed to preserving their place in the nation’s racial hierarchy as it related to housing, jobs, education, and entertainment. Existing legal scholarship has successfully highlighted the depth …

Prison, Gender, And Equality: Lessons From Northern Ireland, Molly Petchenik

Cardozo Journal of Equal Rights & Social Justice

Prisons in the United States and elsewhere are constructed as fundamentally gendered spaces. Officials and courts tend to view women in prison within narrow tropes, commonly as reproductive actors and victims. While women in prison may share certain characteristics, the reification of gender categories in prison can flatten their experiences in ways that are counterproductive or harmful. The U.S. conception of gender in prison is informed by a notion offormal equality, which this Note contrasts with the substantive equality norms employed by European actors, specifically in Northern Ireland. Exploring the legal effect of gender in prison, this Note proceeds in …