Law Enforcement and Corrections Commons^™

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Publications

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Law Enforcement Independence In Trump’S Second Term, Justin Murray

Publications

No abstract provided.

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Percepción De La Policía De Puerto Rico Sobre La Utilización De Las Cámaras Corporales, Vicente Villegas Laboy

Theses and Dissertations

En Puerto Rico, según la literatura revisada, la investigación sobre el tema de las cámaras corporales policiacas apenas está comenzando. A pesar de esto, en lugares como en los Estados Unidos de América y Europa, si hay estudios relacionados con las cámaras corporales. Estas investigaciones, en su mayoría, se han concentrado en el efecto que causa esta tecnología en los policías que las utilizan, así como, en los ciudadanos que interactúan con estos policías. Este estudio de disertación doctoral explora este tema, pero, desde la percepción del policía que utiliza la cámara corporal, día a día, como parte de su …

Contract Or Prison, Sadie Blanchard

Journal Articles

Critics of the criminal enforcement system have condemned the expansion and privatization of electronic monitoring, criminal diversion, parole, and probation. But the astonishing perversion of contract involved in these new practices has gone unnoticed. Governments are turning to “offender-funded” programs that empower firms to contract with people who are suspected of or have been convicted of crimes— and whose alternative to agreeing to these contracts is prosecution or incarceration. Though incarceration-alternative (IA) contracting is sometimes framed as humane, historical and current context illuminates its coercive nature. IA contracting must be examined under classical contract theory and in light of the …

Officers’ Perceptions Of Body-Worn Cameras: An Exploratory Study Of Small Police Departments In Upstate New York, Stefan A. Dela Riva

Electronic Theses & Dissertations (2024 - present)

The aim of this exploratory study is to examine how police officers perceive the impact of body-worn cameras (BWCs) on their use of discretion when communicating with members of the public. In this context, “discretion” refers to an officer’s authority to make independent judgments while enforcing the law; deciding whether to issue a warning, make an arrest, or resolve an incident informally when legality permits. To understand officers’ opinions, a cross-sectional, quantitative online survey was distributed to various police departments and sheriff’s offices in upstate New York. Participants completed a series of Likert-style survey items addressing their general views on …

The Impact Of Covid-19 Pandemic Demands On By-Law Officer Wellness And Work, Harveen Randhawa

Theses and Dissertations (Comprehensive)

This research sheds light on how the rapid demand to enforce transitioning pandemic-related (and reopening) mandates impacts the wellness of bylaw officers in the context of resource strain. Ontario bylaw officers are at the forefront of the province’s response, enforcing lockdown rules to ensure community safety. This research is imperative in understanding how bylaw officers maintain their roles in municipal enforcement, while enforcing rapidly shifting COVID-19 regulations and moving forward into a post-lockdown climate. The research focuses on identifying and understanding the demands and resources that currently typify bylaw officers working in Southern Ontario. It further examines how the COVID-19 …

Drogas, Basura Y Crimen: Los Vecinos De East Harlem Se Unen Para Mejorar El Barrio, Jacqueline Zamora

Capstones

En octubre de 2023 una nueva operación denominada “operación 4 esquinas” inició con el fin de mejorar la calidad de vida en East Harlem, pero el vecindario no ha cambiado mucho, dejando a residentes que formen una comunidad que se ayude mutuamente para marcar la diferencia en el barrio.

Enlace: https://medium.com/@jzamora2211/drogas-basura-y-crimen-los-vecinos-de-east-harlem-se-unen-para-mejorar-el-barrio-39455477522b

Calls Grow To Give New York's Ccrb More Power, Despite Police Resistance, Stephen Wentzell, Anastasia Tomkin, Moses Bustos, Olivia Graffeo

Capstones

This group capstone project, which was completed in the Criminal Justice Reporting Lab, is an investigative article exploring the current state of New York City’s Civilian Complaint Review Board (CCRB). Through more than a dozen interviews with complainants, board members, politicians, law enforcement, and others, the article highlights the push for the CCRB to have the authority to enforce disciplinary measures against police who are found to have engaged in misconduct. The article is accompanied by a video, with captions available in English and Spanish, that features bodycam footage from an incident involving police and our central compelling character who …

Queens Residents, Sex Workers At Odds Over What It Means To Keep The Community Safe, David L. Paiz-Torres, Mia Hollie, Asad Jung

Capstones

Exploring the Impacts of Operation Restore Roosevelt Avenue.

On October 15, 2024, Mayor Eric Adams announced a 90-day operation along Roosevelt Avenue, Queens, targeting sex-workers, unlicensed vendors and “other quality-of-life offenses.” This year, nearly 30% of all arrests for sex-work related offenses occurred on Roosevelt avenue, according to NYPD data released in late October.

Our project sought to explore the impacts the operation has had on sex workers and business owners - we also spoke to local residents to get their opinions on the operation. We also looked at arrest data, laws regarding sex-work, previous efforts to crack down on …

Restraining The Prosecutor: Restrictions On Threatening Prosecution For Civil Ends, James A. Trowbridge

Maine Law Review

Prosecutors in some cases agree to dismiss criminal charges, admit a defendant to a diversion program, or enter a nolle prosequi in exchange for the defendant signing a waiver of any civil claims against law enforcement agents, governments, or private persons. The practice of a prosecutor bargaining for the release of law enforcement personnel or others from civil liability raises serious questions concerning the independence of the prosecutorial function, the relationship of prosecutors to other legal institutions, and the application of rules of professional responsibility. Generally, courts have been critical of these arrangements. The Model Code of Professional Responsibility (Code) …

In Re Caulk: A Prisoner's Right To Die—The Factor Of Intent, Laurence H. Leavitt

Maine Law Review

In prisons throughout the United States, prisoners commonly use hunger strikes as an avenue of protest to make personal demands, to call attention to poor prison conditions, or to make various political statements. Prisoners typically choose this route because they view their own bodies as one of the few things over which they actually have control and because the extreme slowness of a hunger strike gives others the chance to meet their political or personal demands. When confronted with such attempts at starvation, prison officials almost invariably have resorted to force-feeding the hunger strikers, although in recent years some prison …

State V. Harding: Municipal Police Authority And The Fresh Pursuit Statute, David S. Schuman

Maine Law Review

As early as 1551, during the reign of King Edward VI, courts held at common law that, except in cases of fresh pursuit, the power of a sheriff or justice of the peace does not extend beyond his jurisdiction. Recognizing the importance of jurisdictional boundaries as limits on a sheriff's authority, the Barons of the Exchequer denounced the possibility of "two several sheriffs in one same county," observing that "in this realm there are divers authorities, and none may exceed his limits or bounds." Modern state statutes setting forth the powers of local police continue to limit the extra-jurisdictional authority …

Latinas In Law Enforcement: Tokenism, Barriers And Changes Along The Narrow Bridge To Promotion, Saturnino Velazquez

College of Education Theses and Dissertations

The purpose of this qualitative study was to better understand and analyze themes and patterns shared among the lived experiences of 12 female Latina Law Enforcement Officers (LEOs) in male-dominated police departments in the Midwest (Illinois and Minnesota). The researcher chose to adopt a basic interpretive qualitative research methodology for this study because it provides a flexible and useful research tool, and provided a broader approach to interpreting meaning from rich and detailed data, yet complex, and account of semi-structured interviews that served as a data collection instrument. This study was guided by the theoretical framework of Kanter’s research on …

After The Age Of Discretion: Policing And Privacy In A World Of Automated Roadway Enforcement, Trayce Hockstad, Lawrence Cappello

St. John's Law Review

(Excerpt)

Our Fourth Amendment attempts to harmonize in fifty-eight words the tenuous, antagonistic relationship between privacy and public safety. These two values appear to be deadlocked in a contentious legal orbit, leaving behind them a trail of fascinating but foreboding jurisprudence in American law. The fundamental need of individuals for spaces of seclusion from government surveillance has endured a slow siphoning of its constitutional protection by the encroaching definition of the “public” and the perceived need to police every person and place that may be considered so. Nowhere has this proven truer than our nation’s roadways. As the judicial system …

The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan Steele, Ziwei Qi

Criminal Justice Faculty Publications

While the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force when interacting with citizens. Moreover, researchers have not examined how differences in how states restrict officers’ ability to use force affect the frequency of force used. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census data, we examined the impact of the incorporation of U.S. Supreme Court jurisprudence and the overall restrictiveness each state placed on law enforcement’s ability to use force when making …

Growing Rich Off The Fruits Of Private Incarceration, Joseph Hennessy

Journal of Law and Policy

Mass incarceration is a uniquely American phenomenon. With roots in chattel slavery, modern mass incarceration truly exploded in the latter half of the 20th Century. As Reagan-era politicians advocated for fiscal conservatism on the one hand and heavy-handed responses to crime on the other, private prison pioneers saw an opportunity to derive profit from society’s most vulnerable. Today, private prisons house as much as half of some states’ total prison population, and private prison corporations have demonstrated an insatiable desire to expand their reach. This Note explores the unique social vulnerability of privately incarcerated people through a statutory and judicial …

The Relationship Between Police Stress And Officer Misconduct, Leobardo Lopez-Cristobal

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent high-profile and controversial police-related incidents have sparked an intensified public discourse on police misconduct. This has resulted in increasing calls for greater accountability and transparency within U.S. police agencies. Much of the existing research on police misconduct centers around two competing explanations: the "bad apples" perspective, which attributes misconduct to individual officers, and the "bad barrels" perspective, which points to systemic or organizational factors (Rojek, Decker, & Wagner, 2015). However, one factor that has been underexplored in the literature is the role of police stress in influencing deviant police behavior. Previous studies suggest a potential link between police-related stress …

Will Bruen Kill Cops?, Peter N. Salib, Guha Krishnamurthi

Fordham Law Review Online

Criminal procedure is a balancing act. On one hand, it must allow law enforcement officers to protect the public and themselves. On the other hand, criminal procedure must safeguard citizens’ individual constitutional rights—privacy, physical liberty, and bodily integrity. And now, the right to bear arms.

There is a serious tension here. Landmark Fourth Amendment cases like Terry v. Ohio, Pennsylvania v. Mimms, and Chimel v. California give the police wide latitude to seize firearms on the assumption that guns are dangerous. But these doctrines largely evolved before the Second Amendment’s ascendance. In District of Columbia v. Heller, …

Clemency For The Common Good: An Argument To Release Incarcerated Persons In The General Public Interest, Deborah M. Ahrens

Brooklyn Law Review

During the height of the COVID-19 pandemic, we were reminded of several terrible truths about the modern mass incarceration state: namely, that it collects vulnerable people, places them in conditions where they are unable to protect themselves against many forms of ordinary and extraordinary risks, incubates suffering amongst them, and then spreads that suffering to surrounding communities. The ghastly consequences of these realities during the COVID pandemic led to piecemeal efforts to release moderate numbers of incarcerated people for public policy reasons largely unrelated to the kinds of individualized factors that have traditionally motivated most acts of clemency. This Article …

The Impact Of Adverse Childhood Experiences On Later Desistance Among Serious Juvenile Offenders From A Broken Family Composition, Olivia Franklin

Master's Theses

The current study aimed to contribute to the overall knowledge of desistance patterns among juveniles by exploring them among serious juvenile offenders who come from a broken home. Utilizing the Pathways to Desistance (PTD) dataset, this study used logistic regression to examine the impact of family composition on later desistance while controlling for various adverse childhood experiences (ACEs) one might experience. Two research questions guide this study: (1) Does family composition (i.e., “broken homes”) impact later desistance among serious adolescent offenders, while controlling for important criminological predictors (i.e., self-control and antisocial peer influence)? (2) Is the quality of one’s home …

Fbi Crime Reporting: Overcoming Challenges For A Safer Future, Alan Saquella

Publications

Accurate crime reporting is essential for effective law enforcement, evidence-based policymaking, and building trust between communities and their local police departments. The FBI’s Uniform Crime Reporting (UCR) Program has served as a vital source of crime statistics for decades. However, its data collection process faces hurdles that, when addressed, could lead to even greater transparency and safety improvements. These challenges—such as inconsistent participation, voluntary reporting, and varying crime classifications—have contributed to underreporting, leading to gaps in our understanding of crime trends. The good news is that these are surmountable challenges, and focusing on improvements can foster a clearer picture of …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie

Northwestern University Law Review

This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …

Criminal Juror Challenges And Csli: A Rule 16 Revision To Maintain Impartial Juries, Ivy Kaplan

Northwestern University Law Review

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants “the right to a speedy and public trial by an impartial jury of the State.” Voir dire, the procedure during which the prosecution and the defense may challenge prospective jurors for cause or exercise peremptory challenges, purports to uphold this right. When the prosecution has access to cellular geolocation data on prospective jurors that the defense lacks, however, it may jeopardize the defendant’s Sixth Amendment rights.

This Note proposes a solution to that problem in the form of an addition to Rule 16 of the Federal Rules of Criminal Procedure. …

A Gendered Perspective On Policing Violence In Happy Valley And Fargo, T. Allen Culpepper

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Portrayal of a police officer determined to fight crime and execute justice in a harsh, isolated environment has become a television and film subgenre, often featuring women facing gender-related challenges. The issues raised in Sally Wainwright’s British television series Happy Valley, can be made more accessible, particularly to American undergraduate students, via its commonalities with the Coen brothers film Fargo. In both, a tough but compassionate policewoman pursues the more sociopathic of a pair of criminals involved in a botched kidnapping attempt instigated by an inept businessman, taking on the case for personal and professional honor, and as …