Law Enforcement and Corrections Commons^™

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Location, Location, Location: Balancing Crime Fighting Needs And Privacy Rights, Nancy K. Oliver

University of Baltimore Law Review

No abstract provided.

Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen

Faculty Articles

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …

Stop The "Stop And Frisk?" How Floyd V. City Of New York Will Limit The Power Of Law Enforcement Across The Nation, Jessica L. Fangman

Public Interest Law Reporter

No abstract provided.

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Project on Addressing Prison Rape - Articles

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …

Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven A. Koh

Vanderbilt Journal of Transnational Law

This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures--the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence. This Article identifies this gap in the literature--the prison location omission--and fills it from three different vantage points: (1) U.S. procedural provisions governing prison designation; (2) international procedural provisions governing prison designation; and (3) the relationship between imprisonment and broader theories of criminal punishment. Through comparison of …

Breaking The Mexican Cartels: A Key Homeland Security Challenge For The Next Four Years, Carrie F. Cordero

Georgetown Law Faculty Publications and Other Works

Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. And this figure does not even include the nearly 40,000 Americans who die each year from using illegal drugs, much of which is trafficked through the U.S.-Mexican border. The death toll is only part of the story. The rest includes the terrorist tactics used by cartels to intimidate the Mexican people …

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …

Wisdom Is Thrown Into Jail: Using Therapeutic Jurisprudence To Remediate The Criminalization Of Persons With Mental Illness, Michael L. Perlin

Articles & Chapters

The common wisdom is that there are two related villains in the saga of the “criminalization of persons with mental illness”: the dramatic elimination of psychiatric hospital beds in the 1970s and 1980s as a result of the “civil rights revolution,” and the failure of the deinstitutionalization movement. Both of these explanations are superficially appealing, but neither is correct; in fact, the causal link between deinstitutionalization and criminalization has never been rigorously tested. It is necessary, rather, to consider another issue to which virtually no attention has been or is being paid: the near-disappearance of mental status issues from the …

The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff

Cardozo Journal of Conflict Resolution

"Youth matters." The concept is deceptively simple. Of course youth matters. One must be a certain age to drive, to vote, to drink, to be elected president. However, the issue becomes much more complex in the context of criminal responsibility and punishment. Should children be held less accountable for their crimes because of their age? Do juveniles have a greater capacity for rehabilitation than adults? By explaining that youth matters in Graham v. Florida and holding that juveniles cannot be sentenced to life in prison without parole for non-homicide crimes, Justice Kennedy of the United States Supreme Court answered these …

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …

Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh

Articles

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks

Faculty Journal Articles and Book Chapters

When should a suspected terrorist receive Miranda warnings, and should confessions obtained without obtaining a waiver of the Miranda right to silence and assistance of counsel be admissible at trial? The answer to this question turns on the scope of what is known as the Public Safety Exception (PSE) to the Miranda warning and waiver requirement. Established by the Supreme Court in 1984 in New York v. Quarles, the exception allows the use of confessions obtained from suspects questioned after being placed in custody (the situation that triggers the Miranda warning and waiver requirement) when the questions respond to an …

Improving The Rate Of Voluntary Compliance In Investigative Police Reporting Through The Application Of A Training Model And Job Aid, Kent D. Martin

Masters Theses

This study examines the immediate effect of a training module and job-aid on the percentage of police reports that lack pertinent information relating to the identity and contact information for suspects, witnesses and victims. A random sampling of reports was examined to determine if the initial responding officer obtained all available information needed to identify and contact these individuals for further investigation.

This analysis resulted in the creation of a training module, which was provided to all members of the patrol division. The module included a job aid to which each officer could refer during the report writing process. An …

Yonder Stands Your Orphan With His Gun: The International Human Rights And Therapeutic Jurisprudence Implications Of Juvenile Punishment Schemes, Michael L. Perlin

Articles & Chapters

In the last decade, the US Supreme Court has ruled that the death penalty, a life sentence without possibility of parole (LWOP), and mandatory LWOP for homicide convictions violate the Eighth Amendment when applied to juvenile defendants. These decisions were premised, in large part, on findings that "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," and that those findings both lessened a child's "moral culpability" and enhanced the prospect that, as the years go by and neurological development occurs, his "deficiencies will be reformed."

These decisions have, by and large, been welcomed …

Life Sentence Doesn't Deliver Punishment, Robert Blecker

Other Publications

No abstract provided.

Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger

Articles

For this Introduction, I undertake to look a bit more broadly at recent data. The best sources of demographic information about prisoners are the various surveys and censuses conducted by the U.S. Department of Justice Bureau of Justice Statistics (BJS). While no BJS publication directly addresses the issue, and no BJS dataset allows its full analysis, it is possible to glean something from the most recent BJS prison census, the 2005 Census of State and Federal Adult Correctional Facilities.

Plata V. Brown And Realignment: Jails, Prisons, Courts, And Politics, Margo Schlanger

Articles

The year 2011 marked an important milestone in American institutional reform litigation. That year, a bare majority of the U.S. Supreme Court, in an opinion in Brown v. Plata by Justice Anthony Kennedy, affirmed a district court order requiring California to remedy its longstanding constitutional deficits in prison medical and mental health care by reducing prison crowding. Not since 1978 had the Court ratified a lower court's crowding-related order in a jail or prison case, and the order before the Court in 2011 was fairly aggressive; theoretically, it could have (although this was never a real prospect) induced the release …

Witness Recantation Study: Preliminary Findings, Alexandra E. Gross, Samuel R. Gross

Other Publications

In September 2012, the National Registry of Exonerations began a research study of all the cases in our database that involve post-conviction recantations by witnesses or victims. This is the first systematic study of recantations ever conducted. Its purpose is to identify patterns and trends among these cases, with a particular focus on the circumstances that first elicit the false testimony, and on the official reactions to the recantations by judges and other authorities. Our data set includes all the cases in the Registry as of February 28, 2013 – a total of 1,068 cases, 250 of which involve recantations. …

Powerless Against Police Brutality: Felon’S Story, Tamara F. Lawson

Articles

Imagine driving to the store with friends, but while en route, you are shot and beaten by the police so severely that random citizen witnesses intervene to stop the police brutality. Next, envision recovering from these injuries and awakening from a coma chained to your hospital bed informed that you are under arrest for attempted murder of a police officer. Then, consider waiting over five years for the opportunity to tell your story to the court, believing justice will be served, but instead you discover that the trial is more influenced by the revelation of your prior criminal record than …

The Anomaly Of Executions: The Cruel And Unusual Punishments Clause In The 21st Century, John Bessler

All Faculty Scholarship

This Article describes the anomaly of executions in the context of the U.S. Supreme Court’s Eighth Amendment jurisprudence. While the Supreme Court routinely reads the Cruel and Unusual Punishments Clause to protect prisoners from harm, the Court simultaneously interprets the Eighth Amendment to allow inmates to be executed. Corporal punishments short of death have long been abandoned in America’s penal system, yet executions — at least in a few locales, heavily concentrated in the South — persist. This Article, which seeks a principled and much more consistent interpretation of the Eighth Amendment, argues that executions should be declared unconstitutional as …

The Case Against The Case Against The Death Penalty, Chad W. Flanders

All Faculty Scholarship

Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions …

Lockdown For Liberty: Black Masculinities, Mass Incarceration And Labor In The Georgia Prisoners Strike, Jeremiah Chin

Articles

This article examines the Georgia prisoners’ protest and uses the prisoners’ list of demands to examine the relationship between historical and present notions of race, labor, rights and incarceration. Particular focus will be placed on how mass incarceration is racialized in the disproportionate imprisonment of men of color, specifically black men, and how this contributes to the invisibility of this population in the public eye. The next section offers a theoretical framework to understand how prisons and prisoner issues are removed from public discourse, the general assumptions undergirding public perceptions of prisons and how common sense assumptions of prisons can …

Kentucky Sro Programs: An Examination Of Impact On Reported Criminal Violations And Board Violations, William John Sullivan

Online Theses and Dissertations

School violence has become a focal point throughout the United States, sparked by violent mass killings at schools throughout the nation. In response to these horrific attacks, school officials, law enforcement, parents, and others have taken measures to improve school safety. One of the most substantial efforts includes the utilization of specially trained police officers (SROs) in our schools. Currently, there are approximately 230 SROs assigned to Kentucky schools (KASRO, 2013) and an estimated 20,000 SROs nationally (Myrstol, 2010). Regardless of the importance of maintaining safe schools and an environment that is conducive to learning, relatively little research has been …

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

A Study Of Rural Police Leadership Behaviors In Kentucky: A Full Range Perspective, Frank P. Kubala Jr.

Online Theses and Dissertations

The purpose of this study was to examine the leadership behaviors of rural police chief's in Kentucky through their self-perceptions and the perceptions of their subordinate officers utilizing the Multifactor Leadership Questionnaire (MLQ) Form 5X Short. The author assessed differences in the leadership factors of the Full Range Leadership Model and leadership outcomes between rural police chiefs and their subordinate officers. The sample included 47 rural police chiefs from 4 different regions of Kentucky and 94 of their subordinate officers.

The results indicate that 8 out of the 9 leadership factors differed between the self-reported ratings by the rural police …

A Deconstruction Of Dexter: An Analysis Of Noble Cause Corruption Within A Crime Drama, Alyssa Lawrence

Online Theses and Dissertations

The literature on corruption within law enforcement typically addresses factors such as brutality, dishonesty, accepting bribes, and using falsified evidence. This research project examines noble cause corruption (NCC), an area that scholarship has ignored until the last ten years. NCC is defined by Crank and Caldero (2007) as using illegal means to achieve good ends. Although NCC is not a new phenomenon it has become of greater focus in television and movies. Many recent television shows have represented NCC in a positive light, almost disguising it as if it were not present. Therefore the topic of this paper is not …

Police Deception: A Survey Of Eku Students, Jason Anthony Nicholson

Online Theses and Dissertations

Abstract

Police deception has been both good and bad for society. Deceptive interrogation is an effective method of gaining confessions and convictions. It is also dangerous in that it raises the potential for false confessions, damages police-citizen relationships, damages case strength, and encourages lying in other aspects of policing. The purpose of the study was to gauge the opinions of students regarding deceptive interrogation by police. A survey was administered to a purposive sample of undergraduates at Eastern Kentucky University. The survey asked questions regarding the students' level of approval toward different scenarios of police deception. It also asked some …

Policing, Crime, And Legitimacy In New York And Los Angeles: The Social And Political Contexts Of Two Historic Crime Declines, Jeffrey Fagan, John Macdonald

Faculty Scholarship

This chapter tells the story of policing, crime, and the search for legitimacy over the past two decades in Los Angeles and New York City. Throughout this complex political, normative, and legal landscape, crime rates dropped dramatically in each city to levels not seen since the early 1960s. The chapter begins with a discussion of the evolution of policing in the two cities, assessing reciprocal and dynamic changes that reflected both the crises of crime epidemics and crises within the police. Next, it examines the role of litigation on the evolution of policing. Policing regimes in each city were challenged …

Process Evaluation Of The Basic Training Program At A State Corrections Academy In The Southeast, Wendy Dawn Williams

Theses and Dissertations

This applied dissertation was designed to provide law enforcement and corrections administrators with current information about the components of basic training that can affect the retention of newly employed trainees during basic training. Attracting qualified applicants for law-enforcement jobs is a challenging task, and the preemployment screening and hiring processes are very expensive for agencies already plagued with reduced budgets. By the time a trainee actually makes it to basic training, a great deal of time and money has already been invested by the agency, and the trainee becomes an investment. When more than 20% of trainees exit a basic …