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Full-Text Articles in Law Enforcement and Corrections

Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street Jan 2011

Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street

National Security Law Program

The dramatic expansion of technology and globalization over the last thirty years has not only facilitated transnational terrorist operations, but also has transformed the countermeasures utilized by law enforcement and amplified the need for counterterrorism coordination between foreign and domestic authorities. Crucially, these changes have altered the fourth amendment calculus, set out by the international silver platter doctrine, for admitting evidence seized in U.S.-foreign cooperative searches abroad. Under the international silver platter doctrine, courts admit the evidence gathered by foreign authorities abroad unless the unreasonable search is deemed a "joint venture" between U.S. and foreign authorities. Notably, the legal framework …

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The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray Jan 2011

The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray

Vanderbilt Journal of Transnational Law

Forensic scientists have used DNA profiling technologies to link suspects to crimes since Alec Jeffreys first proposed the idea in the 1970s. Recognizing the potential for using DNA databases to solve crimes and to prevent future crimes, England and Wales attempted to greatly expand its DNA database by allowing for the collection and indefinite retention of DNA profiles from arrestees. The European Court of Human Rights, however, issued a ruling in 2008 in the case of S. & Marper v. United Kingdom, advising the United Kingdom to restrict use of DNA profiles from arrestees and to establish time frames for …

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Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii Jan 2011

Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii

All Graduate Theses, Dissertations, and Other Capstone Projects

What local government officials, administrators, and staff can expect and how to can help in the aftermath of a peace officer’s line-of-duty death within their community.

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Hot Crimes: A Study In Excess, Steven P. Grossman Jan 2011

Hot Crimes: A Study In Excess, Steven P. Grossman

All Faculty Scholarship

Societies appear to be subject, every now and then, to periods of moral panic. . . . [I]ts nature is presented in a stylized and stereotypical fashion by the mass media; the moral barricades are manned by editors, bishops, politicians and other right thinking people; socially accredited experts pronounce their diagnoses and solutions; ways of coping are evolved or (more often) restored to; . . . sometimes the panic passes over and is forgotten . . . at other times it has more serious and long-lasting repercussions and might produce such as those in legal and social policy or even …

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Strategic Enforcement, Margaret H. Lemos, Alex Stein Jan 2010

Strategic Enforcement, Margaret H. Lemos, Alex Stein

Faculty Scholarship

No abstract provided.

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Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak Dec 2009

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

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Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher Jul 2008

Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher

Faculty Scholarship

This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?

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Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso Apr 2008

Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso

Pell Scholars and Senior Theses

A survey was prepared and conducted to investigate the viability of implementing sobriety checkpoints in Rhode Island. The survey was designed to make a comparison between a state which has found sobriety checkpoints to be constitutional, Massachusetts, and a state that has found sobriety checkpoints to be unconstitutional, Rhode Island. The survey's findings indicate that Rhode Island would benefit from the implementation of sobriety checkpoints.

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Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera Mar 2008

Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera

Journal of Race, Gender, and Ethnicity

No abstract provided.

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The Relationship Between Law Enforcement Officers And Child Welfare Social Workers, Cheryl Denise Gonzales, Aida Velia QuiñOnez Jan 2008

The Relationship Between Law Enforcement Officers And Child Welfare Social Workers, Cheryl Denise Gonzales, Aida Velia QuiñOnez

Theses Digitization Project

There has been a long established relationship problem between Child Protective Services (CPS) social workers and Law Enforcement (LE) officers. It is an issue of which both sides are aware, but neither has addressed this discord in an effort to improve collaboration between the two agencies. The purpose of this study is to help both Law Enforcement officers and Children Protection Services workers build a strong interdisciplinary relationship in child abuse cases.

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Exploration Of Perceived Stressors Coping And Communication In Law-Enforcement Couples, Pamela J. Fackina Jan 2008

Exploration Of Perceived Stressors Coping And Communication In Law-Enforcement Couples, Pamela J. Fackina

Seton Hall University Dissertations and Theses (ETDs)

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The Effects Of Collective Efficacy And Dissatisfaction With Law Enforcement On Neighborhood Crime Rates, Kelly E. Cobb Oct 2007

The Effects Of Collective Efficacy And Dissatisfaction With Law Enforcement On Neighborhood Crime Rates, Kelly E. Cobb

Sociology & Criminal Justice Theses & Dissertations

The purpose of this thesis was to examine the effects of collective efficacy and dissatisfaction with law enforcement on neighborhood crime rates. A data set was obtained from the Inter-University Consortium for Political and Social Research titled, Project on Human Development in Chicago Neighborhoods: Community Survey 1994-1995 (PHDCN). This is one of the only studies which ask specific questions concerning collective efficacy and dissatisfaction with law enforcement, accompanied with a large, diverse sample. This research is important because it looks at two concepts, collective efficacy and dissatisfaction with law enforcement and their combined effect on neighborhood crime rates; violent …

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Monitoring Stress During Training, Olivita Couso Jul 2007

Monitoring Stress During Training, Olivita Couso

Seton Hall University Dissertations and Theses (ETDs)

The highly stressful job of law enforcement personnel, rescue workers and soldiers requires them to constantly put to the test their previous training. In order too respond effectively under pressure, the training of these personnel must be preformed under conditions that elicit pressure. The research proposed in this thesis evaluates established training regimens for the degree of stressfulness instilled in trainees from physiological (hypothalamic-pituitary adrenal axis, autonomic nervous system) and psychological perspectives (anxiety). Subjects participating in SWAT and military training were recruited, as well as subjects having no prior SWAT or military training. Individual physiological stress responses measured included heart …

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An Analysis Of The West Point Leadership And Command Programs Impact Upon Law Enforcement Leadership, Joseph Aloysius Devine Jan 2007

An Analysis Of The West Point Leadership And Command Programs Impact Upon Law Enforcement Leadership, Joseph Aloysius Devine

Seton Hall University Dissertations and Theses (ETDs)

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An Analysis Of The West Point Leadership And Command Program's Impact Upon Law Enforcement Leadership, Joseph Aloysuis Devine Jan 2007

An Analysis Of The West Point Leadership And Command Program's Impact Upon Law Enforcement Leadership, Joseph Aloysuis Devine

Seton Hall University Dissertations and Theses (ETDs)

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Subpoenas And Privacy, Christopher Slobogin Apr 2005

Subpoenas And Privacy, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or an administrative agency, subpoenas are extremely easy to enforce, merely requiring the government to demonstrate that the items sought pursuant to the subpoena are "relevant" to a investigation. Yet today subpoenas and pseudo-subpoenas are routinely used not only to obtain business records and the like, but also documents containing significant amounts of personal information about individuals, including medical, financial, and email records. Part I provides an …

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Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson Jan 2005

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

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Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert Jan 2005

Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert

Faculty Publications

Traditionally explanations of police use of force have relied on a racial threat perspective. Tests of this perspective, however, typically offer a single indicator of threat (the relative size of the black population) and fail to adequately take into account the complex relationship between racial threat and police use of force. Drawing on racial threat, social disorganization, and police use of force literature, this study hypothesizes that macro-level patterns in police use of force are embedded in the racial and structural composition of cities and the organizational climate of local politics and police departments. The present study examines these relationships …

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Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner Jan 2005

Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner

Villanova Law Review (1956 - )

No abstract provided.

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Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan Jan 2005

Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan

Faculty Scholarship

On November 5, 2003, concern regarding suspected drug activity led to a massive police search of Stratford High School in the Berkeley School District, north of Charleston, South Carolina. (See Police, School District Defend Drug Raid, available at http://www.cnn.com/2003/US/South/11/07/school.raid/index.html.) Fourteen police officers assumed strategic positions inside and outside the school. Accompanied by a drug-sniffing clog, officers. Some with guns drawn, secured a school hallway and ordered more than I 00 students to get on their knees and face the wall, handcuffing at least 12 who failed to immediately obey the police orders. Alerted by the clog. police physically searched students, …

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Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law, Roger P. Alford Jan 2004

Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law, Roger P. Alford

Journal Articles

In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …

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Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones Sep 2003

Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones

Washington and Lee Law Review

No abstract provided.

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The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …

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Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper Jan 2003

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.

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Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett Jan 2003

Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett

University of Richmond Law Review

No abstract provided.

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Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman Jan 2003

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

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Fighting The War On Drugs In The Twenty-First Century: A Prosecutor's Perspective, William H. Ryan Jr. Jan 2002

Fighting The War On Drugs In The Twenty-First Century: A Prosecutor's Perspective, William H. Ryan Jr.

Villanova Law Review (1956 - )

No abstract provided.

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Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero Oct 2001

Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero

Faculty Publications

As the philosophy of policing moves from a traditional to a community-oriented approach, performance measures must shift as well. Unlike the typical police performance measures of arrest and crime rates found in traditional police philosophies, community-oriented policing performance measures are more general and tend to measure the extent to which police affect the quality of life in the communities they serve as well as the problems they solve. This manuscript begins the process of developing effective community policing performance measures and presents three case studies through which objectives and performance measures are conceptualized.

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"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman Jan 2001

"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman

Faculty Scholarship

With each report of violent crime statistics (whether rising or falling) or of the latest firearms outrage, we hear the antiphony of the gun control debate. Advocates of increased federal regulation decry the inadequacies of a regime that permits relatively free access to firearms and argue that the availability of guns is itself a spur to more deadly violence. Advocates of minimal regulation, for their part, condemn measures that, they say, will primarily penalize law-abiding citizens, and instead call for more vigorous enforcement of existing laws, targeting "criminals," not their weapons. When the antiphony intrudes on funerals, the effect can …

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The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen Jan 2001

The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In passing the Civil Asset Forfeiture Reform Act of 2000, Congress instituted some badly needed reforms to a system that had spawned a good deal of governmental abuse, media investigation, and popular outrage. Unfortunately, however, CAFRA does not address the aspect of asset forfeiture law that is perhaps most responsible for fueling overzealous, sometimes lawless use of the forfeiture power: federal forfeiture law continues to authorize law enforcement agencies to retain the drug-related assets they seize for their own use, and many state laws do as well. With facilities, cruisers, computer and other equipment, salaries and positions sometimes dependent on …

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