Law Enforcement and Corrections Commons^™

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

A Bottom-Up Approach To Ai Facial Recognition Technology Wrongful Arrests And Subsequent 42 U.S.C. § 1983 Actions, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

The Reasonable Officer And The Disabled Subject, Jamelia N. Morgan

Vanderbilt Law Review

Police violence against disabled people is a  fundamental problem of policing. Whether through so called wellness checks, quality of life policing, or coercive state civil commitment procedures, disabled people are often on the receiving end of intrusion, violence, and rights violations by law enforcement. Yet, so, too, is everyone else. That disabled people are similarly, and yet uniquely, vulnerable to intrusion, violence, and rights violations by law enforcement might seem like just another group to add to the list of groups harmed by policing and police violence. However, the focus on disability does not merely bring to the forefront problems …

Recruit Those Who Seek To Serve Others, Not Control Them, Annie Bright

Faculty Articles

ICE and law enforcement should recruit for service, not control. We need to take a hard look at law enforcement recruitment, not just at the federal level, but locally. Recruitment should invite those who seek to serve.

Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park

Akron Law Review

No abstract provided.

Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson .

Journal of the North American Management Society

From 2014 to the present, police shootings with the use of deadly force among communities of color have become a matter of heightened national concern. This study draws on an extensive literature review gathered from open sources, academic journal articles in law enforcement, criminal justice and government documents as well as on key definitional foundations to explore the impact of cultural competence training activities for police officers. Through a case study of primary research, insights are offered from an adult education community-based multicultural immersion program. The authors of this paper argue for the integration of community-based multicultural immersion learning approaches …

Reimagining Law Enforcement Communication With The Black Deaf Community, Jeanelle Francis

Undergraduate University Honors Capstones

Law enforcement’s relationship with the Deaf community, particularly the African American/Black Deaf population, has historically been tense, leading to wrongful arrests, police brutality, and even fatalities. This capstone project examines the barriers to effective interaction between law enforcement and the Deaf community, specifically in first-encounter situations, highlighting the Black Deaf experience. Past research has addressed the language barriers that Deaf individuals face in situations such as traffic stops and legal proceedings. However, it rarely examines the specific experiences of Deaf Black/African American families impacted by police-induced trauma caused by an unfair power dynamic. This project is an exploratory study to …

"Significant Bodily Intrusions": Investigations Into Law Enforcement Phlebotomy, Anne Kathleen Johnson

Dissertations and Theses

This three-paper dissertation explores law enforcement phlebotomy, the ability of law enforcement officers to draw blood. Phlebotomy is both a ubiquitous, invasive diagnostic tool as well as a social site with complex relational dynamics at play between phlebotomist and patient. Through law enforcement phlebotomy, the blood draw is co-opted from the medical field into the policing field, and the normative framework through which it is used changes: whereas medical edicts instruct providers to work with patients through an ethics of care--respecting consent and refusal--policing is not similarly bound, instead operating through a prioritization of security and efficiency. In the articles …

The Sheriff's Constitution, Farhang Heydari

Vanderbilt Law School Faculty Publications

The county sheriff is unique among our nation's law enforcers, with an ancient pedigree, elected status, and special protections as a state constitu- tional officer. But these factors combine to cause a recurrent problem elected sheriffs often assert for themselves the power to refuse to enforce criminal laws of their choosing. Today's constitutional sheriffs-a group of sheriffs who view themselves as the highest authority in their county, answerable only to their electorate-are the latest manifestation of this ethos, declaring opposition to gun control measures, pandemic restric- tions, environmental protections, and more. Lest one think these nonen- forcement decisions are entirely …

Community-Driven Policy Solutions To Police Accountability, Rashawn Ray

Brookings Scholar Lecture Series

George Floyd’s death shifted public opinion as 76% of Americans agreed that incidents such as the killing of Floyd are signs of racism within law enforcement. While police reforms such as implicit bias training and body-worn cameras gained public support, they insufficiently address the structural, cultural, and organizational components of policing that can obstruct accountability and contribute to racial disparities in policing. In this lecture, Brooking Senior Fellow Rashawn Ray presents interview, survey, social media, and virtual reality data with police officers, activists, and civilians, and demonstrates state- and city-level databases on police reform legislation. Ray posits that evidence-based policy …

No Knock? No Case: Prosecutorial Deterrence As A Countermeasure To No-Knock Warrants, Tamika Griffin Moses

Utah Law Review

The high-profile deaths of Amir Locke and Breonna Taylor ignited a national debate surrounding the legitimacy of no-knock warrants. Their deaths are part of a cycle of reaction and inaction that permeates this debate. As the impacted communities and segments of the populace respond by demanding that federal and state legislatures abolish or severely restrict the use of no-knock warrants, they are met with inaction. The legislative bodies have failed to pass laws banning the warrants and judges continue to sign them. This inaction continues to undermine the public’s trust in law enforcement and challenges the legitimacy of a democracy …

Safer Futures: Strategies For Enhancing Collaboration Between Law Enforcement And Child Welfare Agencies In Preventing Fatal Child Abuse, Kayla M. Brown

Roger Williams University Law Review

No abstract provided.

Religious Police Forces With Public Powers, Jonathon J. Booth

Publications

No abstract provided.

No Knock? No Case: Prosecutorial Deterrence As A Countermeasure To No-Knock Warrants, Tamika Griffin Moses

Law Faculty Publications

The high-profile deaths of Amir Locke and Breonna Taylor ignited a national debate surrounding the legitimacy of no-knock warrants. Their deaths are part of a cycle of reaction and inaction that permeates this debate. As the impacted communities and segments of the populace respond by demanding that federal and state legislatures abolish or severely restrict the use of no-knock warrants, they are met with inaction. The legislative bodies have failed to pass laws banning the warrants and judges continue to sign them. This inaction continues to undermine the public’s trust in law enforcement and challenges the legitimacy of a democracy …

State V. Harding: Municipal Police Authority And The Fresh Pursuit Statute, David S. Schuman

Maine Law Review

As early as 1551, during the reign of King Edward VI, courts held at common law that, except in cases of fresh pursuit, the power of a sheriff or justice of the peace does not extend beyond his jurisdiction. Recognizing the importance of jurisdictional boundaries as limits on a sheriff's authority, the Barons of the Exchequer denounced the possibility of "two several sheriffs in one same county," observing that "in this realm there are divers authorities, and none may exceed his limits or bounds." Modern state statutes setting forth the powers of local police continue to limit the extra-jurisdictional authority …

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley

University of Cincinnati Law Review

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …

Understanding The Role Of Adverse Childhood Experiences On Resilience In Police Officers, Wayne F. Handley

Counseling & Human Services Theses & Dissertations

Police officers are subject to a variety of stressors not only from job-related events resulting from direct or vicarious trauma exposure (Andersen & Papazoglou, 2014; Brown et al., 1999; Iversen et al., 2008) but also from family and personal concerns (Burke, 1998; Page & Jacobs, 2011), and administrative pressures originating from within their own agencies (Violanti et al., 2018; White et al., 2016). Prior to their careers as police officers, individuals may also be exposed to traumatic events early in life. Adverse Childhood Experiences (ACEs) are described as negative events related to emotional, physical, or sexual abuse or neglect, exposure …

Rethinking Federal Inducement Of Pretext Stops, Farhang Heydari

Vanderbilt Law School Faculty Publications

Few topics in policing have received more attention than pretextual traffic stops—traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded public trust in law enforcement. The result is a growing movement at the state and local level to roll back the widespread use of this tactic.

As promising as these developments are, most discussions of pretext stops largely omit a key player that drives the problem: the federal government. Presidents from Bush to Biden have decried …

Crowdsourcing Surveillance, Chaz Arnett

Faculty Scholarship

In Unreasonable: Black Lives, Police Power, and the Fourth Amendment, Devon W. Carbado illuminates how both the spectacular and quotidian forms of racialized terror, brutality, and surveillance—characteristic of enslavement—have shaped the construction of our constitutional order. He argues that the combined social normalization and legal naturalization of racial hierarchy paved the way for the development of slave patrols and other early iterations of policing where incredible acts of violence against Black bodies were made ordinary and essential. He explains how this legacy continues today with Fourth Amendment jurisprudence not simply failing to protect rights but rather licensing police violence …

Exploring Mental Health Stigma Among Law Enforcement Officers, Nicholas David Chestnut

Theses and Dissertations

This applied dissertation investigates the prevalence and impact of mental health stigma among law enforcement officers (LEOs) in the United States. Despite growing awareness of the importance of mental health in the law enforcement community, stigma surrounding mental illness remains a significant barrier to help-seeking behaviors among officers. The study employed a research design that examined attitudes, perceptions, and experiences related to mental health stigma among LEOs.

Through online self-assessment surveys administered via a secure portal, participants provided insights into their attitudes toward mental illness, perceptions of stigma, and willingness to seek help for mental health concerns.

Data analysis revealed …

Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership, Beth Caldwell

Washington Law Review

The “gang” label has been so highly racialized that white people who self- identify as gang members are almost never categorized as “gang members” by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are labeled gang members, yet this two-track system is justified under the guise that the racially disparate treatment is legitimate because of gang association.

This Article takes one concrete example—culturally specific tattoos—and unmasks how racial markers are used to attach the gang label. Specifically, …

Pathways To Success: Unleashing Experiential Learning In Higher Education For Aspiring Law Enforcement Professionals, Leonard A. Averhoff

Seton Hall University Dissertations and Theses (ETDs)

This generic qualitative inquiry (GQI) explores experiential learning in higher education for students interested in law enforcement careers. Through interviews and focus group discussions, the study aimed to uncover insights into the perceptions and experiences of students engaging in a university student security program (USSP). The USSP allows full-time students to work as uniformed, unarmed paid employees of the university’s police department providing various law enforcement type functions. The research identified five themes that emerged from the data analysis: exposure, career development, training, leadership, and personal growth.

The theme of exposure highlighted the importance of hands-on learning, allowing students to …

Breaking Down Bias: A Comparative Analysis Of General Public And Police Officer Attitudes Toward Mental Illness And Officer Decision-Making In Mental Health Crises, Therese L. Todd

Dissertations, Theses, and Capstone Projects

Police responses to persons with mental illness (PMIs) compared to those without appear to be more likely to result in negative outcomes, underscoring the importance of understanding these interactions and the factors that may influence them. Relatively little research has examined officer attitudes toward mental illness, and no study has examined implicit bias toward mental illness among police officers or how police culture may impact outcomes in mental health crises. The present study sought to: 1) measure explicit and implicit bias toward PMIs among the general public and police officers to understand how these constructs may vary among these populations; …

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee

Journal of the National Association of Administrative Law Judiciary

While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown

Washington and Lee Journal of Civil Rights and Social Justice

The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …

Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks

Washington and Lee Law Review

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …