Law Enforcement and Corrections Commons^™

Community-Oriented Policing: Building Trust And Collaborative Relationships With The Black Community, Tunice M. Cole

DSW Capstone Projects

Black people die at the hands of police at a disproportionate rate. In the United States, Black citizens are three times more likely to be killed by police than White citizens. This, along with other factors, has caused a lack of trust, legitimacy, and relationships between police and the Black community. Examining this problem from a socio-ecological and social constructivist perspective suggests that the solution encompasses the use of community feedback and experiences to build and develop a model of community-oriented policing that addresses the issues of the community being served.

Product one of this capstone was a systematic literature …

The Real Mccoy: Defining The Defendant’S Right To Autonomy In The Wake Of Mccoy V. Louisiana, Colin Miller

Loyola University Chicago Law Journal

Defense counsel, and not the defendant, has the power to make most decisions in a criminal case. Until recently, there were only four decisions reserved for the defendant: whether to (1) plead guilty, (2) waive the right to a jury trial, (3) testify, and (4) forgo an appeal. In McCoy v. Louisiana, the United States Supreme Court recently added a fifth decision reserved for the client: the right to autonomy, i.e., the right to decide on the objective of her defense. Under this right, a defendant can prevent her attorney from admitting her legal guilt at trial by preemptively objecting …

Unincorporating Qualified Immunity, Teressa Ravenell

Loyola University Chicago Law Journal

Scholars, judges, activists, and policymakers alike have criticized the doctrine of qualified immunity, which emerged in Pierson v. Ray to shield government actors from monetary liability in a wide range of suits filed under 42 U.S.C. § 1983, derived from the Civil Rights Act of 1871. These criticisms have ranged from the practical to the principled, but they largely ignore the question of statutory interpretation: is it valid to read § 1983, which makes no mention of any defense or immunity, as incorporating a qualified defense for government officials who acted in good faith and with probable cause? The Court …

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

Faculty 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 …

Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice, Adrienne Baker

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Domsetic Terrorism: Not Actually A Crime, But Desperately In Need Of A Federal Response, Rebecca K. Tucker

Lewis & Clark Law Review

Since the founding of the United States, the U.S. Government has dealt with national security threats, both external and internal. While there are federal laws in place to protect the nation against external actors, these instruments cannot be turned directly inward to address the rising threat of domestic terrorism. This Comment explains the issues with that approach and concludes by proposing specific solutions, focusing on the need for a coordinated response from the agencies and departments tasked with the investigation, intelligence, and prevention of domestic violent extremism and terrorism.

When Police Volunteer To Kill, Alexandra L. Klein

Faculty 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 …

The Prosecutor In The Mirror: Conviction Integrity Units And Brady Claims, Lissa Griffin, Daisy Mason

Elisabeth Haub School of Law Faculty Publications

In Brady v. Maryland, the Supreme Court held that a prosecutor has a due process obligation to disclose exculpatory evidence that is material to guilt or punishment. The failure to fulfill this duty is particularly insidious because it bears directly on both whether an innocent defendant may have been convicted as well as on whether the adjudicatory process was fair. The failure to disclose exculpatory evidence has been characterized as “epidemic” and has been documented to have made a major, outsized contribution in cases that resulted in exonerations. It is not surprising, then, that conviction integrity units in prosecutor’s offices …

Lexipol's Fight Against Police Reform, Ingrid V. Eagly, Joanna C. Schwartz

Indiana Law Journal

We are in the midst of a critically important moment in police reform. National and local attention is fixed on how to reduce the number of people killed and injured by the police. One approach—which has been recognized for decades to reduce police killings—is to limit police power to use force.

This Article is the first to uncover how an often-overlooked private company, Lexipol LLC, has become one of the most powerful voices pushing against reform of use-of-force standards. Founded in 2003, Lexipol now writes police policies and trainings for over one-fifth of American law enforcement agencies. As this Article …

Addressing The Inevitability Of Race In The Doj’S Enforcement Of The Pattern-Or-Practice Initiative, Joshua Chanin

Loyola University Chicago Law Journal

Section 14141 of the 1994 Crime Act empowers the U.S. Department of Justice (DOJ) to investigate and drive reform of local law enforcement agencies found to have engaged in a pattern or practice of misconduct. During the Trump administration, the DOJ willfully allowed its powers under this section to lie dormant, despite a number of high-profile incidents of police violence against Black Americans. Active enforcement of Section 14141 affords the federal executive branch significant opportunities to promote lawful policing. Using its pattern-or-practice authority, the DOJ has guided dozens of law enforcement agencies through a process designed to remedy systemic unlawful …

Senseless Sentencing: The Uneven Application Of The Career Offender Guidelines, Christopher Ethan Watts

Washington and Lee Journal of Civil Rights and Social Justice

Federal appellate courts are currently split on the definition of “controlled substance” in the career offender guideline, with one side using federal law to define the phrase, and the other side allowing standalone state law offenses to trigger the guideline. Allowing state law to define the phrase allows countless substances Congress never intended to penalize to be able to trigger one of the most severe penalties in the Sentencing Guidelines. This Note assesses the landscape of the circuit split and analyzes the arguments for and against federally defining “controlled substance offense.” This Note then proposes a novel way to resolve …

As Fires Blaze Through California, Could They Blaze A New Path For Incarcerated Individuals: A Model For Back-End Abolition, Jacquelyn Kelsey Arnold

Washington and Lee Journal of Civil Rights and Social Justice

This Note provides a critique on the current system of prison labor through the lens of the California wildfires and the lack of inmate labor due to early release in the wake of COVID-19. This Note provides an overview of the relevant history of the Thirteenth Amendment, contextualizes mass incarceration as a product of the “War on Drugs” in the United States, and consequently, discusses the significant and dramatic expansion of the prison industrial complex and the use of prison labor as a growing source of production labor. It concludes with a recommendation for a provisional back-end abolition model that …

Toward A Socially Just Peace In The War On Drugs?: The Illinois Cannabis Social-Equity Program, Andre Douglas Pond Cummings, Steven A. Ramirez

Law Faculty Scholarship

Laudably, when Illinois legalized the recreational use of cannabis, it also sought to repair the damage wrought by the War on Drugs (WOD)through its social-equity initiatives. That harm included excessive and disproportionate incarceration in communities of color, over-policing within those communities, and all of the social and economic harms implicit in those realities. This harm necessarily creates intergenerational harm, as parents and children lose necessary pillars of support. Moreover, compelling evidence suggests that the progenitors of the WOD in-tended this harm. Measured against this historic social injustice, the social equity efforts in Illinois fail to secure a material unwinding of …

Roadmap For Anti-Racism: First Unwind The War On Drugs Now, André Douglas Pond Cummings, Steven A. Ramirez

Law Faculty Scholarship

The War on Drugs (WOD) transmogrified into a war on communities of color early in its history, and its impact has devastated communities of color first and foremost. People of color disproportionately suffer incarceration in the WOD even though people of color use illegal narcotics at substantially lower rates than white Americans. As a result, the WOD led to mass incarceration of people of color at many times the rate of white Americans. Indeed, as a stark illustration of the power of race in America, even after Illinois and Colorado legalized cannabis, over-policing in communities of color resulted in a …

Sb 441: Criminal Records Responsibility Act, Jacob Kanter, Greg Mercer

Georgia State University Law Review

The Act contains two distinct components. First, the Act reforms Georgia’s criminal records reporting system. Second, the Act grants the Georgia Bureau of Investigation authority to initiate investigations into election fraud.

Cybersecurity & Correctional Institutions, Kelly Himelwright

Cybersecurity Undergraduate Research Showcase

Cybersecurity is becoming an increasingly important aspect of correctional operations. To properly maintain security, more jails and prisons are using comprehensive cyber protection techniques. Correctional facilities face risks that were perhaps unimaginable only a few decades ago. Many organizations have used information technology to help them run their businesses, but few have the resources or vision to foresee and adequately manage the cyber dangers that come with it. Institutions need to be more aware of these hazards, as well as have more information security experts on staff.

Developing Police, Madalyn K. Wasilczuk

Faculty Publications

No abstract provided.

Girls, Assaulted, India Thusi

Articles by Maurer Faculty

Girls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to the ways that incarceration perpetuates sexual exploitation. This Article focuses on incarcerated girls and argues that the state routinely sexually assaults girls by mandating invasive, nonconsensual searches. Unwanted touching and display of private parts are common features of life before and after incarceration—from the sexual …

Something Rots In Law Enforcement And It's The Search Warrant: The Breonna Taylor Case, Blanche Bong Cook

Faculty Publications & Other Works

When police rammed the door of Breonna Taylor’s home and shot her six times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the warrant, it is also about the legality of the circumstances that facilitated her killing. Police officers lying to obtain warrants and magistrates rubber stamping facially defective warrants are the stories of individual failings. This article examines a weightier structural issue: how the Supreme Court …

The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson

Mitchell Hamline Law Review

No abstract provided.

Barring Methadone Behind Bars: How Prisons Err When Denying Methadone Treatment To Inmates With Opioid Use Disorder, Julia Durst

Mitchell Hamline Law Review

No abstract provided.

Should The Call For Systemic Change Start With Police Grievance Arbitration?, Kate Fredrickson

Mitchell Hamline Law Review

No abstract provided.

Police Vehicle Searches And Racial Profiling: An Empirical Study, Stephen Rushin, Griffin Sims Edwards

Faculty Publications & Other Works

In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a smaller number of extenuating circumstances. This series of cases became a flash point for the broader debate about the regulation of policing. Law enforcement groups argued that administratively complex rules, like those established in Gant, risk officer safety. …

Incrementalism And Police Reform, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces, Justin Iverson

Scholarly Works

In section II, this paper will begin with an analysis of the development of AI, noting famous examples and establishing a baseline definition as a lens for the rest of this discussion. This paper will assess aspects of AI and machine learning to the extent it furthers our understanding of AI’s ability to collect data and make decisions. Some popular culture references will be brought into focus here to recognize storytelling’s ability to inspire and influence real-world scientific pursuits. Of preliminary importance, the AI we have both dreamed of and feared are certainly kept in mind as technology advances through …

Protect And Serve, Marissa Jackson Sow

Law Faculty Publications

There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these theories rest upon the basic assumption—undergirded by constitutional, civil rights, and human rights law—that Black people in the United States are entitled to due process and equal protection when they are in contact with the police or other law enforcement officers.

This Article uses …

Crisis Preparedness & Response: Mass Shooting: Strategies For Response And Prevention, Police Services

University Libraries Presentations

No abstract provided.

No Good Deed Goes Unpunished: Practical Solutions For Police Executives To Reduce The Likelihood Of Disciplinary Action Being Overturned Through Arbitration, Spring Sendele

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Case For Pattern-Or-Practice Investigations Against District Attorney's Office, Rory Fleming

University of San Francisco Law Review

No abstract provided.

Review: Wendy A. Bach, Prosecuting Poverty, Criminalizing Care, Anna Arons

Faculty Publications

(Excerpt)

“Lock ’em up, clean ’em up, and start over” (145). This is how a drug treatment coordinator in a court in East Tennessee sums up her approach to provisioning substance use services to poor Tennesseans. If someone needs treatment, the most expeditious route—often, the only route—is through the criminal legal system. First, the court administrator casts about for a criminal charge, hopefully a “little charge,” that the person can be arrested on. Then, once they are arrested, they can be brought to jail where they can detox, with no medical supervision and no medication to ease the detox. And …