Law Enforcement and Corrections Commons^™

Justice Department's Policy On Corporate Prosecutions Under Attack: United States V. Stein Assails Thompson Memorandum, Lauren E. Taigue

Villanova Law Review (1956 - )

No abstract provided.

Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner

Michigan Journal of Race and Law

This Article examines the Project Safe Neighborhoods program and considers whether its disproportionate application in urban, majority- African American cities (large and small) violates the guarantee of equal protection under the law. This Article will start with a description of the program and how it operates-the limited application to street-level criminal activity in predominately African American communities. Based on preliminary data showing that Project Safe Neighborhoods disproportionately impacts African Americans, the Article turns to an analysis of the applicable law. Most courts have analyzed Project Safe Neighborhoods' race-based challenges under selective prosecution case law, which requires a showing by the …

Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell

Faculty Publications

The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.

Punishing Women: The Promise And Perils Of Contextualized Sentencing For Aboriginal Women In Canada, Toni Williams

Cleveland State Law Review

This article examines the failure of Canadian sentencing reforms to remedy the over-incarceration of Aboriginal woman through exploration of a sentencing methodology that judges may employ to give effect to the reforms: the social contextualization of women's lawbreaking. Social context analysis developed as a critique of how the state controls and punishes women and as a way to expose failures of justice. More recently, commentators have suggested that the insertion of social context analysis into the sentencing process might allow courts to find new and more robust justifications for lowering the penalties they impose on women lawbreakers from marginalized communities. …

Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Hiv-Positive Inmates Released From Nevada’S Prisons In 2001: Results From Matching Health Division And Corrections’ Databases, Paul G. Devereux, Kristen Clements-Nolle, Sharon Clodfelter, Jessey Bargmann-Losche, Miguel Feroro, Wei Yang

Nevada Journal of Public Health

It is estimated that about one quarter of all HIV-infected individuals in the United States are released from a correctional facility each year. To better understand the needs of inmates with HIV exiting the prison system, a partnership with the Nevada State Health Division (NSHD), the Nevada Department of Corrections (DOC), and the University of Nevada, Reno School of Public Health was formed to examine this population using information contained in existing databases. An analysis of DOC data matched with the data from the HIV/AIDS Reporting System (HARS) maintained by the NSHD identified 2,802 HIV-negative inmates (2,451 males and 350 …

A Study On The Effects Of Accelerated Recruit Training On Police Officer Performance At The Port Authority Bus Terminal, Michael A. Tobia

Seton Hall University Dissertations and Theses (ETDs)

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Disappearing Safeguards: Fisa Nonresident Alien "Loophole" Is Unconstitutional, Brenton Hund

Cardozo Journal of International and Comparative Law

The note argues that the Foreign Intelligence Surveillance Act (FISA) contains a "nonresident alien loophole" that undermines constitutional protections, particularly for U.S. persons. This loophole, expanded by amendments such as the Patriot Act and the Lone Wolf Amendment, allows the government to conduct surveillance on nonresident aliens under relaxed standards, which can incidentally target U.S. citizens without meeting FISA's stricter requirements. The analysis contends that this loophole violates the Fourth Amendment by enabling surveillance on U.S. persons without probable cause or proper warrants, eroding privacy rights in the name of national security. The note advocates for legislative reforms to close …

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Publications

The suboptimal state of communications technology used by public safety agencies has emerged as a high profile political issue. In most cases, public safety agencies are able only to communicate using antiquated networks, engineered solely for providing voice communications and unable to interoperate beyond a select number of users. This type of system fails to provide the type of economies of scale, network flexibility, or the broader functionalities routinely used by the military and private sector enterprises. The challenge facing policymakers is thus how to develop a next generation architecture for public safety and spur adoption of a new set …

Discharge Planning For Mentally Ill Inmates In New York City Jails: A Critical Evaluation Of The Settlement Agreement Of Brad H. V. City Of New York, Doug Jones

Pace Law Review

No abstract provided.

A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko

NYLS Law Review

No abstract provided.

Anti-Fraternization Policies In Community Corrections: A Tool To Address Staff Sexual Misconduct In Community Correction Agencies, Brenda V. Smith, Nairi M. Simonian

Project on Addressing Prison Rape - Articles

This article outlines the different constitutional standards that courts apply when analyzing agency restrictions on relationships between ex-offenders and community corrections staff. The article concludes with recommendations about how agencies might develop constitutional policies in this area.

The Effect Of Court-Ordered Hiring Quotas On The Composition And Quality Of Police, Justin Mccrary

Faculty Scholarship

Arguably the most aggressive affirmative action program ever implemented in the United States was a series of court-ordered racial hiring quotas imposed on municipal police departments. My best estimate of the effect of court-ordered affirmative action on work-force composition is a 14-percentage-point gain in the fraction African American among newly hired officers. Evidence on police performance is mixed. Despite substantial black-white test score differences on police department entrance examinations, city crime rates appear unaffected by litigation. However, litigation lowers slightly both arrests per crime and the fraction black among serious arrestees.

Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Until the early 1970's, approximately 90% of all pharmaceutical research was conducted on prisoners, who were also subjected to biochemical research, including studies involving dioxin and chemical warfare agents. By the mid-1970's, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the protection of Human Subjects of Biomedical Research was formed. Federal regulations to protect human subjects of research were established in 1974. Special protections for prisoners were added in 1978, severely limiting research involving prisoners. However, the US correctional system has undergone major changes since the adoption …

Students And Workers And Prisoners - Oh, My! A Cautionary Note About Excessive Institutional Tailoring Of First Amendment Doctrine, Scott A. Moss

Publications

First Amendment free speech doctrine has been called "institutionally oblivious" for ignoring how different institutions present different legal questions. This Article analyzes a little-discussed phenomenon in the growing literature about institutional context in constitutional law. With certain institutions, the situation is not institutional obliviousness but the opposite: extreme institutional tailoring of speech doctrine. The burden of proof ordinarily is on the government to justify speech restrictions, but in three institutions--public schools, workplaces, and prisons--courts allow heavy speech restrictions and defer to government officials. Even if these institutions need to restrict speech unusually often, why do we need different doctrine--institutionally tailored …

Secondhand Smoke Signals From Prison, Scott C. Wilcox

Michigan Law Review

This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates' long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

The Influence Of Higher Education On The Levels Of Professionalism In The New Jersey State Police, Stephen J. Hoptay Jr.

Seton Hall University Dissertations and Theses (ETDs)

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An Analysis Of The West Point Leadership And Command Program's Impact Upon Law Enforcement Leadership, Joseph Aloysuis Devine

Seton Hall University Dissertations and Theses (ETDs)

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Criminal Performances: Film, Autobiography, And Confession, Jessica Silbey

Faculty Scholarship

This article questions the criminal justice emphasis on filmed confession as the superlative evidentiary proffer that promotes accuracy and minimizes unconstitutional coercion by comparing filmed confessions to autobiographical film. It suggests that analyzing filmed confessions as a kind of autobiographical film exposes helpful tensions between the law's reliance on confession as revealing the inner self and the literary and filmic conception of confession as constituting one self among many. Through a close examination of several filmed confessions along side an examination of the history of autobiographical writing and film, this article shows how filmed confessions do not reveal the truthfulness …

Some Reflections About Three Decades Of Working With Incarcerated Mothers, Philip Genty

Faculty Scholarship

Almost thirty years ago I was a second-year student in a law school clinic. I was making my first legal visit to a prison. My client, whom I will call "Dina," was meeting me to talk about some visitation issues with her young son. When she came into the visiting room she was poised and professional in demeanor. She began to explain that her son was being cared for by his paternal grandmother. The grandmother was unwilling to bring him to the prison to see her. As a result Dina had not seen her son for several months. Suddenly, and …

Privatization And The Law And Economics Of Political Advocacy, Alexander Volokh

ExpressO

A common argument against privatization is that private providers, motivated by self-interest, will advocate changes in substantive policy. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating incarceration.

This “political influence” argument applies at least as well to public provision: Government agencies, too, lobby for changes in substantive law. In the prison industry, for instance, it is unclear whether private firms advocate incarceration to any significant extent, but public guard unions are known to do so …

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Grief and Hope (Hassan Jallow)
• Thoughts on the Family: A Proclamation to the World (Annette W. Jarvis)
• The Other Side of Time (Sheila K. McCleve)
• Utah's Board of Pardons and Parole (Jane H. Wise)

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen

Cardozo Public Law, Policy & Ethics Journal

The article examines how democratic nations, including Israel, Ireland, and the United States, balance national security secrecy with the rule of law in terrorism prosecutions. It highlights the challenges of using secret evidence in criminal trials while maintaining fair procedures, comparing the legal frameworks and practices of these countries. The analysis reveals common issues, such as the tension between protecting sensitive information and ensuring defendants' rights, and underscores the need for transparency and procedural integrity in terrorism cases.

Transnational Law And Regulation Of The Police, Christopher Slobogin

Journal of Legal Education

No abstract provided.

The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi

Buffalo Public Interest Law Journal

No abstract provided.

The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power, Juliet P. Stumpf

ExpressO

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. Although the connection between immigration and criminal law, or “crimmigration law,” is now the subject of national debate, scholarship in this area is in a fledgling state. This article begins to fill that void. It proposes a unifying theory – membership theory – for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract …

Beyond Conspiracy? Anticipatory Prosecution And The Challenge Of Unaffiliated Terrorism, Robert Chesney

ExpressO

How early does criminal liability attach along the continuum between planning and committing a terrorist act? And in light of the answer to that question, have we struck an appropriate balance between the benefits of prevention and the off-setting costs in terms of a potentially-increased rate of false-positives and foregone opportunities to gather additional intelligence and evidence? These questions are pressing, particularly in light of statements from senior government officials that the Justice Department will be “forward-leaning” in its interpretation of its anticipatory-prosecution powers. My aim in this article is to establish a shared understanding regarding the first question in …

Finding Redemption: How Picking Up The Phone Can Change A Lawyer's Life, Sean O'Brien

Faculty Works

The winner of the 2006 ABA Ross Essay Contest debated with himself whether to take a phone call from a death row inmate scheduled to be executed in 9 hours who turned out to be calling to request help for other prisoners. "As I hung up the phone, I experienced a profound awareness that no matter what each of us had previously done in our lives, at that moment Doyle Williams was a better human being than I. If a death row inmate can find redemption, maybe a lawyer can too."