Law Enforcement and Corrections Commons^™

Borders And Bits, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin

Publications

This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique.

Specifically, I trace two themes in the book:

(1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and

(2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement.

I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …

Centering Women In Prisoners' Rights Litigation, Amber Baylor

Michigan Journal of Gender & Law

This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth.”29 This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.

This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an …

Suspicion, Suspicion: Police Perceptions Of Juveniles As The “Symbolic Assailant”, Andrea R. Coleman

School of Criminal Justice Theses and Dissertations

Jerome Skolnick’s (2011) "symbolic assailant" is a result of police attributing particular demeanor, gestures, language, and a style of dress to people they believed were most likely to commit violent crimes. The challenge became when police applied these characteristics to specific groups such as juveniles. Literature published before and after Skolnick (2011) indicated police were more likely to stop, arrest, interrogate, or surveille juveniles based on their demeanor, gestures, style of dress, lack of respect, deference to authority, the severity, and remorse for their offenses in addition to race. However, current research indicated race, gender, and Socioeconomic Status (SES) determined …

Crisis Intervention Team Training And The Protection Motivation Theory, Monique Allen, Greg Campbell

Journal of Sustainable Social Impact

The problem addressed in this phenomenological study was the lack of documentation that supported the lived experiences of crisis intervention team (CIT)-trained police officers related to their field encounters with persons with mental illnesses. The purpose of the study was to explore the lived experiences of officers among CIT-trained police officers to address the problem. The protection motivation theory was aligned closest with the teachings of CIT training as described by the study participants’ lived experiences. Participants provided the study’s collected data, which was composed of completed questionnaires and transcribed interviews. The empirical theoretical framework method of analysis used was …

From The Dark Tower: Unbridled Civil Asset Forfeiture, Saleema Saleema Snow

Journal Articles

The Black Lives Matter movement reinforces that race dominates all aspects of the judicial system. Police officers are significantly more likely to stop African Americans than Whites. Even when a stop or arrest is unwarranted, law enforcement agencies can still profit from the property seized under the guise of forfeiture statutes. Various state and federal civil asset forfeiture statutes legitimize law enforcement seizing cash, homes, cars, and office equipment—all with nominal due process protections. Despite evidence of discriminatory police practices, the U.S. Supreme Court deems these forfeiture practices constitutional.

This article seeks to reignite the conversation about discriminatory policing and …

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Faculty Articles

We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. As for ambition, the Court …

Shooting Down Oliphant: Self-Defense As An Answer To Crime In Indian Country, Adam Crepelle

Lewis & Clark Law Review

Crime is a dire public safety problem in Indian country as Indians suffer violent crime at twice the rate of any other racial group. Indian country’s unique and confusing jurisdictional scheme combined with a shortage of police leave Indians easy targets for those looking to commit crimes. A largely unexplored answer to crime in Indian country is self-defense. This Article posits that the United States self-defense jurisprudence may make self-defense the most practical solution to crime in some parts of Indian country.

The Article discusses the history of self-defense laws and the relationship between self-defense laws and firearms. The Article …

Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson

Faculty Works

This article is one in a series of papers that sets the record straight about the type, quality and quantity of information that U.S. cities may employ, in order to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago. The goal is to gauge the uniformity, as well as the relative cost-effectiveness, of the parking ticket appeals process. The article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the …

The Cost Of The Government's Failure To Protect Children Witnessing Parental Arrest And Detainment, Tiffany Simmons, Bahiyyah Muhammad, Kasandra Dodd

American University Business Law Review

No abstract provided.

Police Executive Opinions Of Legal Regulation, Roger Michalski, Stephen Rushin

Faculty Articles

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation. At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community. These complaints underscore an uncomfortable, but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …

Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson

Indiana Law Journal

This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. cities may employ, so as to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago: in order to gauge the uniformity, as well as the relative cost effectiveness, of the parking ticket appeals process. The Article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the …

Solitary Troubles, Alexander A. Reinert

Articles

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.

Pilot Testing The Daily Activities List For Inmates (Dali): Item Evaluation And Content Validity, Philip R. Magaletta, Rokas Perskaudas, Christina J. Connors, Marc W. Patry, Jarrod Reisweber

United States Department of Justice: Publications

Scheduling enjoyable daily activities is a Cognitive Behavioral Therapy intervention used in the treatment of depression and substance abuse disorders that are prevalent disorders among inmates. To effectively use this intervention with inmates, an activities list with items ecologically sensitive to the correctional setting needs to be created. The purpose of this study was to develop and evaluate items; thus, establishing a content valid Daily Activities List for Inmates (DALI). Fifteen corrections professionals representing a wide range of disciplines and managerial backgrounds served as subject matter experts (SMEs). Each SME evaluated 403 daily activity items that were aggregated from 4 …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Michigan Law Review

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …

Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion​, Andrew Kuntz

Center for the Advancement of Public Integrity (Inactive)

Law enforcement abuse their discretion by providing favorable treatment to individuals that demonstrate a relationship to the law enforcement community. Private organizations affiliated with law enforcement have capitalized on this by creating association cards which are distributed by members to friends, family members, and others. Card holders present the card during encounters with law enforcement to signal that they have a relationship with law enforcement, with the expectation that they will receive favorable treatment. Though the cards have no formal authority behind them, strong norms in the law enforcement community punish officers that fail to honor them. Because the cards …

Transformative Change At Rikers Island And Beyond: The Department Of Investigation’S Campaign To Clean Up The Nyc Department Of Correction, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Since 2014, Commissioner Mark G. Peters has led the New York City Department of Investigation (DOI) in a wide-ranging campaign to root out fraud, waste, and abuse in the Department of Correction (DOC), focusing primarily on problems in the areas of DOC leadership and the city jails on Rikers Island. This heightened scrutiny came in response to revelations of widespread abuse in New York City’s jails–especially on Rikers Island. As a result of DOI’s efforts, over three dozen correction officers and other DOC staff have been arrested since 2014, and DOC top leadership has been replaced. As recently as February …

The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Quelling The Silver Tsunami: Compassionate Release Of Elderly Offenders, Jalila Jefferson-Bullock

Law Faculty Publications

No abstract provided.

[Review Of The Book Automating Inequality: How High-Tech Tools Profile, Police, And Punish The Poor By V. Eubanks], Dawn Betts-Green

STEMPS Faculty Publications

(First paragraph) With technological ubiquity and improvements comes the misguided notion that automated systems are more objective and less prone to error than the human element. While this may be true with calculations, when it comes to decisions involving the multilayered human experience, it becomes abundantly clear that this is not universally true. Increasingly, there has been a push for higher levels of automation and decreasing human involvement in the provision of government services such as Social Security, veterans’ benefits, and welfare. Automation provides a way to slash payroll spending and, ostensibly, improve services by making them more objective, and, …

A Response To When Police Kill, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski

Faculty Publications & Other Works

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.

At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.

These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …

Interrogation Parity, Stephen Rushin, Kate Levine

Faculty Publications & Other Works

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create …

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …

What We Talk About When We Talk About Sanctuary Cities, Michael Kagan

Scholarly Works

In this Essay, Professor Michael Kagan asserts when immigrant rights advocates ask their local, state and university leaders to become "sanctuary cities," "sanctuary states," "sanctuary campuses," and so on, they carelessly hurt immigrants in places like Nevada, Texas, and Arizona. And there are a lot of immigrants in those states. People who mean to help immigrants are hurting them. He first sets out assumptions he makes about the semantics and politics of "sanctuary" debates. These assumptions include setting out the kind of actual policies that are usually under consideration when people invoke the sanctuary label, and a way of understanding …

The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger

Articles

On any given day, about 2.2 million people are confined in U.S. jails and prisons—nearly 0.9% of American men are in prison, and another 0.4% are in jail. This year, 9 or 10 million people will spend time in our prisons and jails; about 5000 of them will die there. A decade into a frustratingly gradual decline in incarceration numbers, the statistics have grown familiar: We have 4.4% of the world’s population but over 20% of its prisoners. Our incarceration rate is 57% higher than Russia’s (our closest major country rival in imprisonment), nearly four times the rate in England, …

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming

Community Trust Building And The Elgin Police, Frank Trost

All Capstone Projects

This study focused on police and community trust and how it may be affected by one’s sense of community. The idea of sense of community has been compared to school spirit. There has been little research that examines if sense of community influences trust in their police. A quantitative study was conducted utilizing an online survey. The location was the city of Elgin, Illinois. Its purpose was to determine what level of sense of community the respondents had and what level of trust they had in the police overall and the Elgin police specifically. The study resulted in 637 respondents …

Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson

Faculty Articles

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted. This change is significant. While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing. Beyond offering a careful reading of Birchfield, this Article has two goals. First, …