Law Enforcement and Corrections Commons^™

Talking About Black Lives Matter And #Metoo, Bridget J. Crawford, Linda S. Greene, Lolita Buckner Inniss, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia R. James, Keisha Lindsay

Elisabeth Haub School of Law Faculty Publications

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this takes place …

Karma And The United States Government: How Mass Incarceration Policies Created An Ailing And Costly Aging Population In The Prison System And How Can Civil Legal Services Assist The Elderly After Release, Korina Rud

Cardozo Journal of Equal Rights & Social Justice

The note argues that mass incarceration policies in the U.S. have led to a growing population of elderly inmates, resulting in significant financial and health burdens. The author emphasizes the critical role of civil legal services in assisting these individuals post-release, particularly in addressing challenges related to employment, housing, and healthcare. The central argument is that tailored legal aid can mitigate the unique struggles faced by elderly ex-offenders, thereby reducing recidivism and improving community integration.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Safety & Risk Management News - September 2019, Otterbein University

Otterbein Police Department

No abstract provided.

The Prison-Televisual Complex, Allison Page, Laurie Ouellette

Communication & Theatre Arts Faculty Publications

In 2016, the A&E cable network partnered with the Clark County Jail in Jeffersonville, Indiana, to incarcerate seven volunteers as undercover prisoners for two months. This article takes the reality television franchise 60 Days In as a case study for analyzing the convergence of prison and television, and the rise of what we call the prison-televisual complex in the United States, which denotes the imbrication of the prison system with the television industry, not simply television as an ideological apparatus. 60 Days In represents an entanglement between punishment and the culture industries, whereby carceral logics flow into the business and …

Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler

WRIT: Journal of First-Year Writing

In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a part …

Improving Law Enforcement Daily Deployment Through Machine Learning-Informed Optimization Under Uncertainty, Jonathan David Chase, Duc Thien Nguyen, Haiyang Sun, Hoong Chuin Lau

Research Collection School Of Computing and Information Systems

Urban law enforcement agencies are under great pressure to respond to emergency incidents effectively while operating within restricted budgets. Minutes saved on emergency response times can save lives and catch criminals, and a responsive police force can deter crime and bring peace of mind to citizens. To efficiently minimize the response times of a law enforcement agency operating in a dense urban environment with limited manpower, we consider in this paper the problem of optimizing the spatial and temporal deployment of law enforcement agents to predefined patrol regions in a real-world scenario informed by machine learning. To this end, we …

Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz

Faculty Publications

Police make more than eleven million arrests every year. Yet prosecutors dismiss about 25% of criminal charges with no conviction being entered. Needless arrests are therefore clogging the criminal justice system and harming criminal defendants. For instance, Freddie Gray was fatally injured in police custody after being arrested for possession of a switchblade knife. Prosecutors later announced, however, that they did not believe the knife was actually illegal. If prosecutors had to approve warrantless arrests before police could take suspects into custody, Freddie Gray would still be alive. Yet prosecutors’ offices almost never dictate who the police should or should …

We The People: These United Divided States, Catherine Powell

Cardozo Law Review

In the wake of President Trump's announcement that he will withdraw the United States from the 2015 Paris Agreement on climate change, then-California Governor Jerry Brown called on the President to fight climate change or to "get out of the way" while the rest of the world works to reduce emissions and invest in clean energy. Similarly, former New York City Mayor Michael Bloomberg-now a United Nations (U.N.) Special Envoy for Cities and Climate Change-said, "If Washington won't lead, then mayors and governors will." Indeed, Trump's threat to withdraw has not only been met with widespread criticism and derision abroad …

The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy

Cardozo Law Review

Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article discusses these …

Predictive Policing Theory, Andrew Guthrie Ferguson

Contributions to Books

Predictive policing is changing law enforcement. New place-based predictive analytic technologies allow police to predict where and when a crime might occur. Data-driven insights have been operationalized into concrete decisions about police priorities and resource allocation. In the last few years, place-based predictive policing has spread quickly across the nation, offering police administrators the ability to identify higher crime locations, to restructure patrol routes, and to develop crime suppression strategies based on the new data.

This chapter suggests that the debate about technology is better thought about as a choice of policing theory. In other words, when purchasing a particular …

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.

Correcting Corrections: Discrepancies In Defining State Manslaughter As A "Crime Of Violence" For Federal Sentencing Purposes, Meaghan Geatens

Villanova Law Review (1956 - )

No abstract provided.

Threat Perception Alteration As An Effect Of Use-Of-Force Simulation Training, Ellyse Vandyke

All NMU Master's Theses

Due to the nature of police work police officers are often placed in life threatening situations. To prepare officers for these interactions police academies employ use-of-force simulations to train relevant skills such as situational awareness and judgement. Repeated exposure to threatening situations, such as those in the use-of-force simulations, may alter the threat perception of the participant. Using self-report measures of anxiety (STAI-6 Item) and affect (PANAS), as well as respiration rate data, and short answer self-reports, the present study aims to determine if perception of threat is altered as a result of the use-of-force training, both directly after one …

The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Rebuilding Karachi-Bulldozing One Livelihood At A Time, Haddiqua Siddiqui

MSJ Capstone Projects

The story revolves around Pakistan’s powerful mafias who illegally occupy state and private property, mostly in urban areas and unclaimed land. They are backed by the police, bureaucracy and politicians. This is a norm in countries where these encroachers occupy a piece of land for as long as they want without any legal right or documents. These encroachers occupy the property for weeks, months or even years before voluntarily leaving it for a better spot or being forcefully evicted by city authorities. Saddar, the city’s center; is considered a safe haven for these land grabbers. For decades the heart of …

Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, Pat Nelson

Criminal Justice Department Publications

Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed and then after the coursework was completed. This research has found that clearly defining de-escalation and emphasizing the broad range of techniques available enhances the students' understanding and application of proper de-escalation.

This presentation won the Best Paper award for the …

Greek University Students And The Smoke-Free Law: Learning About Rights And Duties In A Community Of Practice, Luciana Benincasa

The Qualitative Report

This paper is about Greek university students’ violation of the smoking law in public venues and their understanding of rights, duties and responsibilities. Thirty-one students (21 smokers) were interviewed and asked to describe and discuss their own and other students’ behaviour in relation to smoking in closed public places in terms of rights and duties. Additional material from the printed and electronic press has been used to provide a context to the students’ statements. Participant-smokers’ systematic violations of the smoke-free law spring from a peculiar view of rights, duties and responsibilities. Both behaviour and its theoretical underpinnings are reinforced in …

Immigration Detainers, Local Discretion, And State Law’S Historical Constraints, Kate Evans

Brooklyn Law Review

The Trump administration’s aggressive immigration enforcement campaign calls on hundreds of thousands of local police officers and county sheriffs to identify and detain people suspected of violating federal civil immigration law. The immigration detainer is a key mechanism of Trump’s campaign and is on the rise. A detainer asks local law enforcement officers to hold individuals beyond the period authorized by local law so that federal immigration officials have additional time to take custody of the person. In practice, detainers attach the threat of deportation to any contact with local police. Immigrant rights advocates have challenged the use of detainers …

Guilt By Alt-Association: A Review Of Enhanced Punishment For Suspected Gang Members, Rebecca J. Marston

University of Michigan Journal of Law Reform

This essay, written in reaction to the University of Michigan Journal of Law Reform’s 2018 Symposium entitled “Alt-Association: The Role of Law in Combating Extremism” (the Symposium), does not dispute the seriousness of gang-related violence. Rather, it examines ways in which current strategies for combating gang-related crimes are ineffective or problematic and suggests possible reforms. Part One of this essay will describe current methods used in labeling, tracking, and prosecuting gang members, which result in a cycle of enhanced punishment. Part Two will evaluate these practices and reflect on whether enhanced punishment is the best way to reduce gang-related violence, …

Racial States Of Municipal Governance: Policing Bodies And Space For Revenue In North St. Louis County, Mo, Jodi Rios

Minnesota Journal of Law & Inequality

No abstract provided.

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

Location Tracking And Digital Data: Can Carpenter Build A Stable Privacy Doctrine?, Evan H. Caminker

Articles

In Carpenter v United States, the Supreme Court struggled to modernize twentieth-century search and seizure precedents for the “Cyber Age.” Twice previously this decade the Court had tweaked Fourth Amendment doctrine to keep pace with advancing technology, requiring a search warrant before the government can either peruse the contents of a cell phone seized incident to arrest or use a GPS tracker to follow a car’s long-term movements.

Reforming Recidivism: Making Prison Practical Through Help, Katelyn Copperud

The Scholar: St. Mary's Law Review on Race and Social Justice

While Texas has long been recognized as “Tough Texas” when it comes to crime, recent efforts have been made to combat that reputation. Efforts such as offering “good time” credit and more liberal parole standards are used to reduce the Texas prison populations. Although effective in reducing prison populations, do these incentives truly reduce a larger issue of prison overpopulation: recidivism?

In both state and federal prison systems, inmate education is proven to reduce recidivism. Texas’s own, Windham School District, provides a broad spectrum of education to Texas Department of Criminal Justice inmates; from General Education Development (GED) classes to …

The Just And The Unjust: Ernest Hemingway And Protest Literature In Response To Civil Disobedience In The Context Of The Two World Wars, Trang Hoang

Celebration of Learning

By obeying unjust laws, human beings give up their own opportunity to live in a humane world. Henceforth, the two World Wars stand remarkably as situations that conscience of morality has to be placed on top of obedience to ensure the essence of human existence, and a failure to do so led to not only the deaths and exhaustions worldwide but also the collapse of human love and human responsibility to love. Protest literature, especially Ernest Hemingway's novels allow people to reflect on this philosophy through an artistically credible lens.

Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto

Journal of Law and Policy

Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn’t we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . . . 32% is the federal recidivism rate. 19%? 19% is the recidivism rate of defendants tried and sentenced in your court, Judge Barish. It’s one of the lowest in the Southern District. 34%? That’s the recidivism rate of EVALUATE, higher than the national average, 15 points behind you.

Opioid Withdrawal Post Incarceration, Samantha Spampinato

CURCE Annual Undergraduate Conference

This literature review attempts to provide a more complete understanding of the increasing opioid concern and its detrimental effects from withdrawal in incarcerated individuals. Opioid-related fatal overdoses will significantly decrease with the implementation of opioid treatment in jails and prisons nationwide. The incarcerated populations that are typically affected by Opioid Use Disorder (OUD) include about 8.5% of Hispanics and Whites, and about 7.4% of Blacks. One solution involves Medication-Assisted Treatment (MAT) with the use of opioid agonists, such as methadone and buprenorphine-naloxone. These medications offer a slow release of dopamine and can reduce the patient’s opioid withdrawal effects. However, fewer …

Sentencing Persons Convicted Of Minor Offences In Ghana: Reducing Judicial Over-Reliance On Imprisonment, Nenyo Kwasitsu

LLM Theses

This thesis argues that there is overuse of imprisonment for minor offenders in Ghana. These are offenders whose punishments go up to 3 years of jail time, essentially offending mainly for reasons of material poverty. Statutory sentencing provisions have essentially limited judges to impose jail terms. It is argued that one way to decongest Ghana’s prisons is to consider the institutionalization of a regime of community service orders and probation, the administration of which would equip the offenders with income-earning skills while they also reform. Drawing on Kenya, a country that has achieved reasonable success in this reform effort, this …