Law Enforcement and Corrections Commons^™

The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict

Washington and Lee Law Review

Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.

Courts rarely, if ever, examine FRT’s role in establishing …

Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van

Faculty Scholarship

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …

Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast

Vanderbilt Law Review

In the 1980s, the Supreme Court held that courts must consider the “totality of the circumstances” when deciding the reasonableness of a police officer’s conduct in an excessive force suit. To this day, the precise meaning of “reasonableness” remains elusive. For years, courts around the country have struggled to articulate what police conduct should and—equally as saliently— should not be considered during reasonableness determinations. Thus far, the Supreme Court has been unwilling to substantively clarify its reasonableness doctrine. This lack of clarity has led to an untenable patchwork of differing legal frameworks throughout the United States.

This issue exists in …

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Factors For Thriving In Law Enforcement, Kelly K. Wedley

Doctor of Education (Ed.D)

The purpose of this non-experimental and quantitative study was to evaluate the degree to which law enforcement officers perceive themselves as thriving. The sample for this study was convenient, non-probable, and purposive and comprised of 214 law enforcement officers from one large law enforcement agency in the State of Florida. The study’s researcher-constructed survey instrument was determined to be internally consistent and reliable. A one sample t-test was used to assess the statistical significance of study participant mean score response to perceptions of thriving and the results were statistically significant. The use of between-subjects analytic techniques was used to compare …

Fourth Amendment Infringement Is Afoot: Revitalizing Particularized Reasonable Suspicion For Terry Stops Based On Vague Or Discrepant Suspect Descriptions, Caroline E. Lewis

William & Mary Law Review

In Terry v. Ohio, the Supreme Court granted law enforcement broad power to perform a limited stop and search of someone when an officer has reasonable suspicion that the person is engaged in criminal activity. The resulting “Terry stop” created a way for police officers to investigate a suspicious person without requiring full probable cause for an arrest. The officer need only have “reasonable suspicion supported by articulable facts” based on the circumstances and the officer’s policing “experience that criminal activity may be afoot.” Reasonable suspicion is—by design—a broad standard, deferential to police officers’ judgment. Law enforcement officers …

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson

Law Faculty Scholarship

The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (“ACEs”) represent the “single greatest unaddressed public health threat facing our nation today” according to Dr. Robert Block, former President of the American Academy of Pediatrics.

ACEs are traumatic events that occur in early childhood, which can range from abuse and neglect to experiences derived from household and community dysfunction, such as losing a caregiver, being incarcerated, or living with a household member suffering from mental illness. …

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. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

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. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Developing Police, Madalyn K. Wasilczuk

Buffalo Law Review

No abstract provided.

Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), Mansurov Artem

ProAcademy

It is known that in the past few years, the Uzbek offense has been actively reforming the economic procedural and arbitration procedural criminal prosecution in search of new effective economic and judicial remedies. In the applied aspect of civil and economic/economic procedural law, interest in the difficulties and suppression of local offenses. At the same time, from the study of the recognition and enforcement of foreign interim measures as a means of protection and its study in the countries of the Romano-Germanic distribution system in Uzbekistan, it has a large number of problems of a practical, one might say, and …

Asset Based Community Development: A Journey To Meeting The Needs Of The Whole Child., Beth Bradley Penley, Victor Morales

National Youth Advocacy & Resilience Conference

This program will tell the story about one school district's journey to meeting the needs of the whole child. A shift in school culture from a reactive to a proactive purpose shaped the mindset of staff as they embarked in partnering with the local community to build a resource network to meet the needs of the students in which they serve. In addition to building community partnerships, the components of a successful intervention continuum are discussed including Positive Behavior Intervention and Support, Community in Schools, and the American School Counseling Association Model.

Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li

ProAcademy

The article analyzes the legislation on appeals of individuals and legal entities of advanced developed countries and member states of the Commonwealth of Independent States. In the comparative legal analysis of the legislation of these countries, the place of the prosecutor’s offices in them in the state register is emphasized by dividing them into groups with special attention. This article presents a scientific, theoretical and practical study of the implementation of national legislation on the appeals of individuals and legal entities of the Republic of Uzbekistan on the positive aspects contained in their normative legal acts, in the presentation of …

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

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. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.

The Dignitary Confrontation Clause, Erin Sheley

Washington Law Review

For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …

Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi

The Indonesian Journal of Socio-Legal Studies

This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …

International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, Mansurov Artem

ProAcademy

The article examines in detail an international treaty as a basis for the recognition and enforcement of foreign interim measures, in addition, the author came to the conclusion that the Economic Procedural Legislation of Uzbekistan in chapter 33 of the EPC RU regulates proceedings in cases of recognition and enforcement of decisions of foreign courts and arbitrations, however, such foreign judicial acts as interim measures in any form are not regulated. In addition, the recently adopted legislation on international commercial arbitration - LRU 674 of February 16, 2021, despite the fact that its norms contain the regulation of interim measures …

Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.

Buffalo Law Review

The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.

Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …

Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner

Pace Law Review

No abstract provided.

Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich

ProAcademy

This article provides the legal basis for conducting anti-corruption expertise of draft regulatory legal acts, considers the fundamental acts providing for the development of this institution, and also puts forward proposals for its improvement. Summing up, it is proposed to touch upon the document defining the procedure for conducting anti-corruption expertise of regulatory legal acts and their drafts - the Regulation on the procedure for conducting anti-corruption expertise of regulatory legal acts and their projects. It should be noted that this document was significantly transformed in 2021 by adopting it in a new edition. The author proposes to note that …

Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick

D.C. Council Testimony

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. Performance Oversight Hearing for the Metropolitan Police Department. February 17, 2022.

Hope V. Harris: Brief Of Amici Curiae Current And Former Prosecutors And Department Of Justice Officials In Support Of Petitioner, Barbara Mcquade

Appellate Briefs

Amici are 45 current and former federal, state, and local prosecutors, state attorneys general, and Department of Justice officials with experience prosecuting and establishing policies for prosecuting serious crimes. Amici recognize that humane conditions of incarceration are important to the community’s trust in the fairness of the criminal justice system and, in turn, to individuals’ willingness to report crimes, act as witnesses, and serve as fair and impartial jurors. As stewards of public safety, amici also have an interest in ensuring that incarcerated people—the vast majority of whom are eventually released—are given the opportunity to rejoin society successfully and refrain …

Social And Legal Need For Using Ict In Combating Corruption, Mavlonov Akmalkhoja Yusupovich

ProAcademy

The article examines the social and legal necessity of using information and communication technologies in the fight against corruption, its relevance, current trends, problems in our national legislation and ways to solve them. A review of the theoretical foundations and practice of using information and communication technologies in combating corruption is made. The results of studying the influence of information and communication technologies on the level of corruption in the countries are presented. It is shown that countries with high "anti-corruption" ratings also occupy high places in international ratings for the implementation of information and communication technologies with a level …

Some Aspects Of Prosecutor’ S Activity In Uzbekistan: Scientific Approaches And Functioning Mechanisms, Parikova Gulchekhrabonu

ProAcademy

Article consists of two parts: first, expression of different concepts of prosecutor’ s supervision with analysis, and functioning of prosecution office in Uzbekistan implementing supervision over execution of laws in the territory of the State as one of the main directions of the prosecution office; second, participation in court proceedings.

In the first part conceptual provisions given by legal scholars and the role of prosecutor’ s supervision, as well as legal features of this function carried out by Prosecution Office of Uzbekistan are considered.

It is known that prosecutor is an official who occupies an important and specific place in …

Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich

ProAcademy

The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …

Rights And Legitimate Interests Of The Victim From The Perspective Of The Concept Of Criminal Procedure Of The Republic Of Uzbekistan: Problems And Ways To Solve Them, Bazarova Dildora Bakhadirovna

ProAcademy

The article deals with the issues of ensuring the rights and legitimate interests of victims in the law of criminal procedure of the Republic of Uzbekistan. The author notes that the rights and legitimate interests of victims in comparison with suspects and accused persons are largely limited and not provided for by law, the very concept of the Code of Criminal Procedure of the Republic of Uzbekistan is aimed at ensuring the speedy disclosure of the criminal case, a fair consideration of the case and ensuring that the innocent person is not brought to justice, as well as the rights …

White Supremacy’S Police Siege On The United States Capitol, Vida B. Johnson

Brooklyn Law Review

On January 6, 2021, law enforcement failed the people and the institutions it was supposed to protect. This article explores how white supremacy and far-right extremism in policing contributed to the insurrection at the Capitol. Police officers enabled the siege of the Capitol, participated in the attack, and failed to take seriously the threat posed by white supremacists and other far-right groups. The debacle is emblematic of the myriad problems in law enforcement that people of color, scholars, and those in the defund and abolitionist movements have been warning about for years. Police complicity in the attack on the Capitol …

The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich

ProAcademy

The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …