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Safety & Risk Management News - May 2019, Otterbein University

Otterbein Police Department

No abstract provided.

Police And Higher Education: A Necessity Or Just A Desire?, Jared Marshall

Undergraduate Theses and Capstone Projects

A key issue related to the criminal justice system is if a college education makes a significant impact on an officer’s decision making, perception of their job, and desirability by police departments. Little research has been done on police departments in Massachusetts, so interviews were conducted with three high-ranking police officers in Massachusetts. They were selected using a convenience sample and the results were compared to the results of scholarly journal articles. Only some of the interviews and articles show that police officers with a college degree use force less often, they were inconsistent regarding a college educated officer’s job …

Ohio's Targeted Community Alternative To Prison Program: How A Good Idea Is Implemented Through Bad Policy, Samantha Sohl

Cleveland State Law Review

Just because a legislature can make a law doesn’t mean that they should. The Ohio General Assembly enacted the Targeted Community Alternatives to Prison (T-CAP) program to decrease the number of convicted defendants sent to state prison and to increase funding for community control efforts. While the law may be upheld under the Ohio Constitution’s Uniformity Clause, the law should still be repealed because legislative control and financial influence have no place in the judicial branch, specifically the criminal sentencing process. However, the law is rooted in good intentions, and many judges have found the additional funding useful, but the …

From Standardization To Formality: Unintended Consequences Of Police Standardization Reform Of Law Enforcement In China, Lianhan Zhang

Maurer Theses and Dissertations

According to social construction theory, cases are not objective entities waiting to be discovered or revealed; they cannot exist without case-makers. Construction of a case is a subjective process of choosing, increasing, decreasing, selecting, and reshaping. Therefore, a natural gap exists between the constructed and the real world. This dissertation delves into the gap, not from the existing angle of selectiveness, but from the angle of compliance. The study uses empirical data to try to answer the following question: Since the police standardization reform of law enforcement—at least parts of them—aim at controlling the evidence-collecting process and at improving the …

Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi

Criminal Justice

This study investigates the relations between citizens’ perceptions of how police misconduct as a factor contributing to wrongful convictions is connected to attitudes towards police legitimacy. I hypothesized that there would be a negative correlation between the two variables such that the more individuals believe police error contributes to wrongful convictions, the less legitimate they perceive the police to be. I also examined how citizens’ race affects these perceptions and attitudes, too, and hypothesized that Black citizens are more likely than White citizens to believe police error leads to wrongful conviction and mistrust the police. To test the hypotheses data …

A Contemporary Trend Analysis Of Kentucky State Police Vehicular Pursuit-Related Collisions And Injuries., Frederick A. Williams Jr.

Electronic Theses and Dissertations

This study investigates the trends in vehicular pursuits conducted by the Kentucky State Police (KSP) over time (i.e., years 2009 - 2017). Additionally, predictors for collisions and injuries were examined. The issues surrounding vehicular pursuits center on officer safety and agency liability concerns with the most significant of these being collisions and injuries. This study contains several primary areas. Chapter two includes a review of the literature surrounding the area of vehicular pursuits. Specifically, it reviews definitions pertinent to this study, legal aspects concerning pursuits, major empirical studies conducted on pursuits and specific risks associated with pursuit practices. This section …

Equitable Gateways: Toward Expanded Federal Habeas Corpus Review Of State Court Criminal Convictions, Eve Brensike Primus

Articles

State prisoners who file federal habeas corpus petitions face a maze of procedural and substantive restrictions that effectively prevent almost all prisoners from obtaining meaningful review of their convictions. But it is a mistake to think that habeas litigation is just a Kafkaesque nightmare with no constructive potential. Federal courts do sometimes cut through the doctrinal morass to consider state prisoners’ claims, relying on what this Articleterms "equitable gateways" to federal habeas relief. Litigants and courts generally underestimate the potential these gateways offer, with the result that habeas litigation does not focus on them as often as it should. Here …

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which …

Report On The Investigation Into Russian Interference In The 2016 Presidential Election, Volumes I And Ii (Redacted Version Of April 18, 2019), Robert S. Mueller Iii

United States Department of Justice: Publications

EXECUTIVE SUMMARY TO VOLUME I

RUSSIAN SOCIAL MEDIA CAMPAIGN

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation–a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Yevgeniy Prigozhin and companies he controlled. Priozhin is widely reported to have ties to Russian President Vladimir Putin [redacted]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [redacted]

The IRA later used social media accounts and interest …

The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola

Pace Law Review

The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …

George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram

Pace Law Review

This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interests, adhere to the government’s policies, and advance Washington’s political goals. His selections also demonstrated Washington’s requirement of loyalty to America. In this respect, the politicization of United States Attorneys occurred at the outset. Part I of this Article defines politicization and identifies its four aspects. Part II describes the United States Attorney position as understood through the 1789 …

The Secret Police: The Heavy Hand Of Apartheid Government, Christine L. Moore

Student Scholar Showcase

The secret police during the apartheid in South Africa’s had a heavy hand that causes fear and also death. They used many tactics such as violence, intel, media, and various forms censorship to help get the job done. In the late 70s to the early 90s there was a massive surge of anti-apartheid movements throughout the country as well as internationally, which led to an increase in trying to put down these various movements. With so much more work to do and with only a handful of of members, these squads became to get overwhelmed, which ultimately led to their …

Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal

Dissertations

Purpose: The purpose of this qualitative phenomenological study was to describe citizen perceptions of the impact of community policing in 2 selected, ethnically diverse, low-income communities that have national safety ratings between 0% and 25%. The study explored the 8 pillars of community policing: partnerships, problem solving, procedural fairness, proscribed scope, protection, professionalism, purpose, and principles and their impact on citizens’ perception of their local law enforcement agencies.

Methodology: The study was qualitative with a phenomenological approach to research.

Findings: Findings from this study revealed that examination of study participant interviews, observations, and artifacts resulted in 22 themes and 689 …

Cardinal Safety Newsletter - April 2019, Otterbein University

Otterbein Police Department

No abstract provided.

Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use Of This Powerful Investigative Tool, Alexandra Nieto

Cardozo Law Review

This Note supports the adoption of Familial DNA Search Policies. by states that have not yet taken a position on the issue. Part I of this Note provides background on the role of Familial Searches in criminal investigations. This includes a discussion on the nature of Familial Searches, why they are useful, and the current state of the law. Part I also considers the different guidelines and protections in existing Familial Search Policies, as well as states' policies regulating their DNA databases. Part II discusses the Fourth Amendment and equal protection concerns implicated by Familial Searches and how a court …

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports

University of Michigan Journal of Law Reform

For decades, the United States Supreme Court opinions articulating the standard of exigency necessary to trigger the exigent circumstances exception to the Fourth Amendment’s warrant requirement have been maddeningly opaque and confusing. Some cases require probable cause, others call for reasonable suspicion, and still, others use undefined and unhelpful terms such as “reasonable to believe” in describing how exigent the situation must be to permit the police to proceed without a warrant. Not surprisingly, the conflicting signals coming from the Supreme Court have led to disagreement in the lower courts.

To resolve this conflict and provide guidance to law enforcement …

Tort Justice Reform, Paul David Stern

University of Michigan Journal of Law Reform

This Article calls for a comprehensive reform of public tort law with respect to law enforcement conduct. It articulates an effective and equitable remedial regime that reconciles the aspirational goals of public tort law with the practical realities of devising payment and disciplinary procedures that are responsive to tort settlements and judgments. This proposed statutory scheme seeks to deter law enforcement misconduct without disincentivizing prudent officers from performing their duties or overburdening them with extensive litigation. Rather than lamenting the dissolution of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics or the insurmountability of qualified immunity, reform …

Envisioning Abolition Democracy, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

For decades, police in Chicago chained people in their custody to the wall in dark, windowless rooms and subjected their captives to beatings, electric shocks, anal rape, and racial abuse. In July 2016, members of the #LetUsBreathe Collective, created in the aftermath of numerous police killings in Chicago and elsewhere, occupied vacant lots adjacent to the Chicago Police Department’s Homan Square facility — one of the locations where such abuse occurred. The Collective sought justice, not through recourse to the criminal courts or civil litigation, but instead by reconceptualizing justice in connection with efforts to end reliance on imprisonment and …

Pretext And Justification: Republicanism, Policing, And Race, Ekow N. Yankah

Cardozo Law Review

On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath the surface of daily interactions between police and men of color.

The "Black Lives Matter" movement has fiercely insisted Scott's death not be viewed as an isolated incident but understood as woven into the fabric of American policing. American policing harms individual people of color, …

Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada

University of the District of Columbia Law Review

In this article, we will focus on employer-based tax incentives for hiring ex-offenders. Central to the discussion will be the Work Opportunity Tax Credit ("WOTC"), which provides a tax credit to employers who hire qualified employees/ex-offenders under the program. Additionally, we will explore various state programs modeled on a tax-based incentive and conduct a comparative assessment of where federal and state programs are effective and where there is potential for reform. Without targeted policy solutions to address employment obstacles, ex-offenders are left facing persistent employment barriers as they attempt to return to their communities and start a new life after …

De-Escalation: What Does That Mean Anyway?, Pat Nelson

Criminal Justice Department Publications

De-escalation is a common phrase in the media and int he general discourse about the criminal justice system, however, the interpretation can vary. This project examines students' understanding of the definition of de-escalation in professional peace officer education. This presentation took place at the 2019 Academy of Criminal Justice Sciences Annual Meeting in Baltimore, MD on Wednesday, March 27, 2019.

Motivations For Pursuing A Career In Law Enforcement: An Analysis Of A Local Law Enforcement Agency, Mark W. Thomas

Doctor of Psychology (PsyD)

Current law enforcement agencies are facing increasing pressure to hire more female and minority applicants. In addition to this, many agencies may be struggling to hire sufficient numbers of qualified candidates in general. This has created a need for understanding the individual factors that may motivate specific types of individuals towards a career in law enforcement. The current study assesses these motivations in a sample of currently employed law enforcement officers, current students enrolled in criminal justice programs, and undergraduate students unaffiliated with a law enforcement career. These motivations are then examined by demographic categories to explore the correlation between …

Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw

Texas A&M Law Review

For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and …

Policing The Admissibility Of Body Camera Evidence, Jeffrey Bellin, Shevarma Pemberton

Faculty Publications

Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that the footage will be available as evidence, police officers have an incentive to narrate body camera videos with descriptive oral statements that support a later prosecution. Captured on an official record that exclusively documents the police officer’s perspective, these statements—for example, “he just threw something …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay

Seattle University Law Review

This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready to …

Cardinal Safety Newsletter - February 2019, Otterbein University

Otterbein Police Department

No abstract provided.

Efficacy Of Clery Act Timely Warning And Emergency Notification Messages, Travis W. Douglas

Arlen Specter Center Research Fellowship

The Clery Act (20 U.S.C. § 1092(f)) was passed following the rape and murder of Jeanne Clery in 1986 at Lehigh University. The intent of the law was to improve campus safety by making information about crime as well as safety and security policies more accessible to students, parents, employees, and others. This study explored the efficacy of the emergency notification and timely warnings provisions of the law. The study found these messages to be useful in promoting campus safety, particularly by informing people about safety issues and impacting people’s behavior related to self-protection. However, safety related behavior changes are …