Law Enforcement and Corrections Commons^™

Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell

Indiana Law Journal

Law enforcement use of body-worn cameras has become a subject of significant public and scholarly debate in recent years. This Article presents findings from a study of the legal and social implications of body-worn camera adoption by two police departments in Washington State. In particular, this study focuses on the public disclosure of body-worn camera footage under Washington State’s public records act, state privacy law, and original empirical findings related to officer attitudes about—and perceptions of—the impact of these laws on their work, their own personal privacy, and the privacy of the citizens they serve. The law in Washington State …

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

Maine Law Review

In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go to work every …

Life's Hurried Tangled Road: A Therapeutic Jurisprudence Analysis Of Why Dedicated Counsel Must Be Assigned To Represent Persons With Mental Disabilities In Community Settings, Alison Lynch, Michael L. Perlin

Articles & Chapters

This paper will be published as part of a symposium issue of Behavioral Sciences and Law.

Although counsel is now assigned in all jurisdictions to provide legal representation to persons facing involuntary civil commitment, such counsel is rarely available to persons with mental disabilities in other settings outside the hospital. In this paper, we strongly urge that such representation also be made available to this population in community settings. The scope of this representation must include any involvement with the criminal justice system that currently does not fall within the scope of indigent counsel assignment decisions such as Gideon v. …

Intutitve Decision-Making: Engagement, Agency, And Leverage, Roger E. Callese

All Capstone Projects

This project explored law enforcement decision-making through the review of decision-making literature, consideration of the Critical Decision Model (CDM), and semistructured interviews with law enforcement officers. In 2016, the Police Executive Research Forum (PERF) recommended the adoption and use of the CDM by law enforcement officers as a new way to approach tactical decisions. A review of the CDM suggests a linear, rational, weighing of options by officers. While this may be an excellent tool for slowly developing situations, for pre-mortems, or for debriefing, the CDM step four (identify options and determine best course of action) and step five (act, …

Radio Dispatch Cognitive Abilities And Working Memory, David A. Buitron

Electronic Theses, Projects, and Dissertations

Public safety radio dispatchers incontrovertibly have to manage multiple tasks at any given time, from relaying lifesaving information to field units, to simultaneously overseeing several monitors and keeping up with the radio transmissions in a timely manner. Interestingly, however, the underlying cognitive abilities necessitated for performing such tasks have not been thoroughly investigated. To begin understanding the cognitive faculties that underlie dispatching tasks, we gauged cognitive ability measures relevant to dispatcher duties and introduced Working Memory Capacity (WMC) as underlying the differentiation on performance. The four general dispatcher cognitive factors identified by Peace Officer Standards and Training (POST) literature, were …

Mindfulness And Law Enforcement: An Effective Approach To Implementing Mindfulness For First Responders, Gina White

Mindfulness Studies Theses

An increasing number of studies show that people employed as first responders in high trauma service jobs tend to experience a high level of stress, at work and after hours. Studies suggest that constant exposure to job related stress leads to both physical and mental dysregulation. This study looks at the effects of implementing mindfulness tools and techniques to those working in law enforcement. Other works on this topic report mindfulness as a successful tool to increase wellbeing to a broad spectrum of populations. The methodology used in this study was designed specifically for first responders. The data findings were …

Resurrecting Miranda's Right To Counsel, David Rossman

Faculty Scholarship

The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:

1. Police would give the same Miranda warnings that they …

Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson

Pepperdine Law Review

Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified. …

Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens

Other Publications

African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the largest numbers …

The Future Of Police Reform Under The Trump Administration, Kami N. Chavis

Popular Media

No abstract provided.

The Persistence Of Fatal Police Taserings 2016, Donald E. Wilkes Jr.

Popular Media

In this Article, Professor Wilkes updates his research on police tasering by surveying the fatal taserings by police officers that occurred in 2016.

Different Not Less: An Evaluation Of The Autism Training Curriculum For The Kentucky Department Of Criminal Justice Training, Joseph Aaron Ellis

Online Theses and Dissertations

Autism spectrum disorder is one of the largest growing neurological behavioral disabilities in the United States, with a rise in diagnoses from 2012 (1 in 88) to present day (1 in 68). Studies have shown that individuals with disabilities are more likely to be victimized. Thus, the increasing diagnoses of ASD increases the chance that a victim of crime will have ASD. Police officers should have a working and growing knowledge of ASD from day one, for this reason. This exploratory study uses a literature review of autism spectrum disorder in order to develop an evaluation to analyze the curriculum …

Race And Police Power, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.

The Fourth Amendment Categorical Imperative, David Gray

Michigan Law Review Online

The vast majority of current Fourth Amendment doctrine is unfounded, incoherent, and dangerous. The culprit is the Supreme Court’s 1967 decision in Katz v. United States, which defines “search” as government conduct that violates subjectively manifested expectations of privacy “that society is prepared to recognize as ‘reasonable.’ ” This is pure applesauce. Nowhere will you find a standard dictionary that defines “search” in these terms. Neither will you hear a native speaker of the English language use “search” in this sense unless her mind has been polluted by a semester of studying criminal procedure. The Court created this definition …

Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age. Cell …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Georgia Law Review

A movement toward police regulation by recording is
sweeping the nation. Responding to calls for
accountability, transparency and better evidence,
departments have rapidly adopted body cameras.
Recording policies require the police to record more law
enforcement encounters than ever before. But what
happens if officers do not record? This is an important,
growing area of controversy. Based on the collection
and coding of police department body camera policies,
this Article reveals widespread detection and
enforcement gaps regarding failures to record as
required. More than half of the major-city departments
in the sample have no provisions specifying
consequences for not recording …

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Faculty Publications & Other Works

No abstract provided.

Police Officer Followership, Bradley W. Gronke

All Capstone Projects

The problem within the River Grove Police Department is that the majority of our leadership is getting close to retirement and there is minimal leadership training available for our patrol officers that will soon fill those leadership roles. Action research with the River Grove Police Department explored this problem. Utilizing a foundation of theoretical framework based upon followership, career development, and leader-member exchange three objectives were identified and accomplished through this research. This research identified that there was not a positive linear relationship between followership typology, age and years of experience groups. It also identified if there was a perception …

A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson

Faculty Works

The relationship between African-Americans and the police has traditionally been focused on authority, control, and the enforcement of laws we now acknowledge were racially discriminatory. This historical relationship, when combined with a modern-day narrative that the police disproportionately stop, arrest, and utilize deadly force against African-Americans, has resulted in pervasive, inter-generational fear and distrust of the police. Most African-Americans view police officers not as the heroic protectors they can call upon when in need of help or the hard-hitting investigators they would trust to look into a family member’s murder. Instead, many African-Americans believe police officers have bought into the …

Ms-13 As A Terrorist Organization: Risks For Central American Asylum Seekers, Jillian Blake

Michigan Law Review Online

In its first year, the Trump Administration has used aggressive rhetoric in a crusade against the transnational gang MS‑13. In April, Attorney General Jeff Sessions called MS‑13 “one of the most violent gangs in the history of our country” and said that the gang “could qualify” as a terrorist organization. Since then, the administration has put its fight against MS‑13 at the front and center of its agenda. In a speech this summer, President Donald Trump called MS‑13 gang members “animals” and vowed to “dismantle, decimate and eradicate” their operations. The president has also used the threat posed by MS‑13 …

Curbing Excessive Force: A Primer On Barriers To Police Accountability, Kami N. Chavis, Conor Degnan

Faculty Publications

This Issue Brief summarizes some of the traditional mechanisms for holding police accountable for misconduct, offers a critique of each, and ends with suggestions for the future of police accountability. Part I focuses on some of the legal and structural impediments to police accountability including the inherent conflicts of interest that frequently prevent local prosecutors from prosecuting police officers accused of using excessive force. Part I also discusses how the doctrine of qualified immunity shields officers from civil liability when a suspect is harmed or dies in police custody. Part II explores how the Department of Justice (DOJ) has failed …

Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler

Faculty Scholarship

Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest rates …

Bad Cops Or Bad Training? How Police Officer Training Impacts Use Of Force Incidents., Kendra Bengtson

Departmental Honors Projects

There has been growing tension between the police and public for allegations of excessive use of force, racism, and insufficient knowledge of mental illness. The purpose of this project is to examine how officers are trained to use force and what changes in training are still needed to limit using force. This project involved a comprehensive literature review on training, use of force, racial bias and mental illness. Additionally, seven in-depth interviews were conducted with individuals involved in the policing community, and four hours of use of force training and forty hours of de-escalation training were observed. This project found …

Secondary Employment By Western Australia Police Officers: Factors Influencing Multiple Jobholding And The Relationship To Organisational Commitment, Hamish Mckenzie

Theses: Doctorates and Masters

The purpose of this study was to determine if there is a significant relationship between secondary employment by Western Australia police officers and organisational commitment. The study also examined whether there was a relationship between secondary employment of Western Australia police officers and, gender, work location, employment hours, rank and tenure. Finally, the study sought to understand why Western Australia police officers undertook secondary employment. A mixed methods approach to research was undertaken with 5756 Western Australia police officers sent a survey adapted from Meyer and Allen’s Three-Component Model (TCM) Employee Commitment Survey (2004). This survey tool is based on …

Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker

Electronic Theses and Dissertations

Assessing the perceptions that students have of the university police officers charged with ensuring student safety is important to maintaining the overall safety of the campus. The current study sought to assess the relationship between student perceptions of university police and the fear of crime felt by students while on campus. Data collection was conducted through a survey methodology using a convenient sample of students in which a self-report survey was sent to the university email addresses of all students enrolled in a southeastern university (n=260). Through the employment of a scale developed to assess the perceptions of university police …

Why Arrest?, Rachel A. Harmon

Michigan Law Review

Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as …

Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Bringing Balance To The Force: The Militarization Of America’S Police Force And Its Consequences, Anta Plowden

University of Miami Law Review

The current trend in the militarization of police can be traced back to the earliest times in our country. We are soon approaching a tipping point in which the combination of aggressive military tactics, wrongful deaths and injuries, and a lack of accountability will lead to an increase in civil unrest and animosity towards those who have sworn to uphold the law. In an ironic twist of fate, the military force, which law enforcement is trying to emulate, has made sharp adjustments in the way it operates due to the missions in Iraq and Afghanistan. It has adopted more police-like …