Law Enforcement and Corrections Commons^™

Examining Student Perceptions: Ethics And Misconduct In Today's Police Department, William Andrew Davis

Master's Theses

Police ethics and decision making are issues of concern to both academic scholars and police leaders. While previous studies have focused on perceptions of police officers, little research has focused on the perceptions of young people about police ethical decision-making. This study aims to capture such perceptions from a cohort of college students majoring in criminal justice. Students from an undergraduate criminal justice program (n=263) were surveyed to determine their attitudes toward various ethical components of police work, including the prevalence of misconduct and the impact of a college education on ethical decision-making. Moreover, the effect of successful completion of …

Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger

All Faculty Scholarship

No abstract provided.

I Thought He Had A Gun: Amending New York's Justification Statute To Prevent Police Officers From Mistakenly Shooting Unarmed Black Men, Toussaint Cummings

Cardozo Public Law, Policy & Ethics Journal

The note advocates for reforming the legal standards governing police use of deadly force, particularly in cases involving unarmed Black men. It argues that racial stereotypes and implicit biases significantly influence officers' decisions to shoot, leading to unjustified shootings. The author proposes eliminating the subjective component of the justification defense, focusing instead on objective reasonableness and incorporating social science research to address these biases. The reforms aim to hold police accountable and promote justice by valuing Black lives equally.

Exploring Police Shootings And Officer Survivability: A Case Study, Amanda Leigh Farrell

Sociology & Criminal Justice Theses & Dissertations

Police shootings are incidents that have lasting effects on the officers involved, the department to which they belong and the community at large, yet these events are rarely discussed holistically with consideration given to the multiple parties impacted. Given the significant impacts, officer survivability and resilience in the aftermath of a shooting incident have become a topic with which most modern police agencies are concerned. While this number of lethal incidents may seem surprisingly low, there is often a narrow focus on the shooting incident itself, with little attention paid to pre-event factors or to the long and short term …

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …

Articulating A Vision: A Case Of Study Of Democracy, Education, And Prisoner Rehabilitation In A Day Reporting Center, Gregory A. Jones

Electronic Theses, Projects, and Dissertations

Abstract

Unfortunately, little or no time is spent on transitioning inmates back into society, especially those with physical and mental disabilities. One support service that is being taken into consideration is the Day Reporting Center. Day Reporting Centers are highly structured nonresidential programs. Parolees report to the center on a daily basis, submit to drug tests, and are enrolled in various counseling, education, or vocational classes. Whereas most centers have strict monitoring and surveillance of parolees, one center that stands out in its alternative approach of self-governance is the San Bernardino Day Reporting Center in San Bernardino, California. There, the …

Can Retributivism Be Saved?, Chad Flanders

BYU Law Review

Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …

Challenging Unjust Convictions Under Section 1983, Leon Friedman

Touro Law Review

No abstract provided.

Challenges Facing Massachusetts Agencies, Richard Ferrari

Public Affairs Capstones Collection

For many residents of Massachusetts corrections is a part of the public sector that remains hidden behind tall walls topped with barbed wire. These walls do not just keep the inmate population on the inside, but keep the public out. This capstone provides a view from inside the walls of our corrections facilities. Interviews with high ranking corrections administrators throughout Massachusetts give an insiders perspective into the challenges facing Massachusetts corrections agencies. Over a billion dollars is spent on corrections in Massachusetts alone. This capstone looks at how that money is spent and the policies that dictate how our corrections …

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Running The Boys' Club: An Examination Of The Experiences Of Female Law Enforcement Leaders, Jennifer Lynn Taylor

Dissertations

After struggling for decades for an equal status, it appears that female law enforcement officers in general have overcome the obstacles that initially kept them away from the job. Now, it is not uncommon to see a woman working as a patrol officer or criminal investigator. It took a shift in attitude over time and government intervention for this evolution to occur. Male officers were resistant, because the presence of women was considered a threat to their boys’ club that they so cherished. But, eventually, they have come to accept the role of women in policing.

Unfortunately, another dilemma surfaced …

Flawed Coalitions And The Politics Of Crime, David Jaros

All Faculty Scholarship

Bipartisanship can be dangerous. In the late 1970s, liberal and conservative forces united to discard two centuries of federal sentencing practice and usher in an era of fixed guidelines that would reshape the criminal justice landscape. In the decades that followed, liberals would come to bitterly regret their alliance with conservative sentencing reformers. The guideline regime established by the Sentencing Reform Act ultimately advanced hardline conservative criminal justice goals that were antithetical to the objectives of many of the Act’s former liberal supporters.

Researchers have shown that a particular cognitive bias — cultural cognition — can explain why intense partisan …

Benefits To Adolescents Who Perform Community Service: A Perspective From Adolescent Health Researchers, Gary L. Hopkins, Duane C. Mcbride, Brent C. Featherston, Peter C. Gleason, Jacqueline Moreno

Faculty Publications

In the arenas of health, social scientists have learned over the past two decades that engagement in community service among adolescents often result in valuable outcomes. In other words, the persons being served are not the only ones benefiting from the experience, the providers of the service benefit as well. The purpose of this paper is to share with the legal community some of what we as social science researchers have learned from our research and also learned from the research of others in both health and education regarding benefits of community service among adolescents. We also will share with …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article evaluates drone technology and design …

The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw

BYU Law Review

No abstract provided.

Building Bridges: Fostering Dialogue And Shared Understanding Between Communities And Government Agencies, Eben Weitzman, Darren Kew

Office of Community Partnerships Posters

Professors Eben Weitzman and Darren Kew of the Department of Conflict Resolution, Human Security, and Global Governance at the John W. McCormack Graduate School of Policy and Global Studies facilitate dialogue among state and federal law enforcement agencies and representatives of Muslim and Sikh communities to help foster shared understanding and navigate challenges and opportunities inherent in their relationship. Working with the BRIDGES program, they are using group dialogue to help stakeholders build lasting, productive connections.

Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus

University of Michigan Journal of Law Reform

The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it is …

Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy

University of Michigan Journal of Law Reform

A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim. …

Resident Evil: A Reformation Of U.S. Civil Confinement Law, Jessica Morak

Cardozo Journal of International and Comparative Law

The note critiques the U.S. system of civil confinement for sexually violent predators (SVPs), arguing that it prioritizes punishment over treatment due to delayed rehabilitative efforts. It proposes a hybrid system combining Canada's Dangerous Offender legislation with earlier U.S. sexual psychopath laws to address these issues. The hybrid approach aims to initiate treatment immediately after sentencing, reducing costs and improving rehabilitative outcomes.

Trends In Juvenile Delinquency, David L. Jones Mr.

All NMU Master's Theses

ABSTRACT

TRENDS IN JUVENILE DELINQUENCY

By

David L. Jones

This is a study on trends in juvenile delinquency. The research proposal mentions, within the introduction, factors such as unemployment rates, high school dropout rates, poverty, and juvenile delinquency case rates in the United States, which are actually the variables that are used in the study to illustrate a relationship between them and the current trend in juvenile delinquency. In establishing the link, the paper does a brief literature review of various perspectives associated with juvenile delinquency and mentions some hypotheses that are relevant to the study. Further, the paper gives …

The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland

Catholic University Law Review

No abstract provided.

Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred

William & Mary Law Review

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …

The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens

University of the District of Columbia Law Review

In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …

Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon

Seattle University Law Review

Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …

Policing By Numbers: Big Data And The Fourth Amendment, Elizabeth E. Joh

Washington Law Review

This article identifies three uses of big data that hint at the future of policing and the questions these tools raise about conventional Fourth Amendment analysis. Two of these examples, predictive policing and mass surveillance systems, have already been adopted by a small number of police departments around the country. A third example—the potential use of DNA databank samples—presents an untapped source of big data analysis. Whether any of these three examples of big data policing attract more widespread adoption by the police is yet unknown, but it likely that the prospect of being able to analyze large amounts of …

Street Diversion And Decarceration, Mary Fan

Articles

States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police at the gateway of entry into the criminal system has been underutilized. [para] The article explores developing the capacity of police to take a public health approach to drug offending by engaging in street diversion to treatment rather than criminal processing. This approach entails giving police therapeutic discretion—the power to sort who gets treatment rather …

On Thin Ice? Domestic Violence Advocacy And Law Enforcement-Immigration Collaborations, Diana Rempe

Dissertations and Theses

The public focus on domestic violence has been one of the most successful campaigns of the modern women's movement. This success was achieved in part through the creation of strategic alliances among agencies and organizations responding to partner violence. One of the most contested of these alliances involved partnering with the criminal justice system. While representing an advance in holding police accountable in protecting all citizens (Coker, 2006), this alliance has had problematic consequences, particularly as it has extended state power into the lives of women of color (e.g. Richie, 2005). This problem is exacerbated by new collaborations between law …

Amicus Curiae Brief Of The National Association Of Criminal Defense Lawyers Supporting Respondent. Plumhoff V. Rickard, 134 S.Ct. 2012 (2014) (No. 12-1117), 2014 Wl 507161, Eric Schnapper, David M. Porter

Court Briefs

No abstract provided.

The Impact Of Prison Arts Programs On Inmate Attitudes And Behavior: A Quantitative Evaluation, Larry Brewster

Public and Nonprofit Administration

California has been a leader in prison fine arts programs. Arts-in-Corrections, the granddaddy of them all, enjoyed a highly successful 30 year run until its closure in 2010 as a result of the state's budget crisis. This study evaluates three demonstration projects modeled after AIC, and prison theater programs offered through The Actors' Gang's Prison Project and Marin Shakespeare. Inmates from San Quentin, Soledad, New Folsom and CRC, Norco state prisons participated in the study. Pre-and Post surveys designed to measure changes in attitudes and behavior were administered at the start and finish of each 12-week arts program. The surveys …