Law Enforcement and Corrections Commons^™

Lovitt V. Warden 585 S.E.2d 801 (Va. 2003)

Capital Defense Journal

No abstract provided.

Powell V. Commonwealth 590 S.E.2d 537 (Va. 2004)

Capital Defense Journal

No abstract provided.

Torres V. Mullin 124 S. Ct. 562 (2003) (Mem.) (Breyer, J., Dissenting From A Denial Of Certiorari)

Capital Defense Journal

No abstract provided.

Brown V. Luebbers 344 F.3d 770 (8th Cir. 2003)

Capital Defense Journal

No abstract provided.

United States V. Allen No. 98-2549, 2004 Wl 188080, At -1 (8th Cir. Feb. 2, 2004) State V. Fortin No. A-31-2001, 2004 Wl 190051, At '1 (N.J. Feb. 3, 2004)

Capital Defense Journal

No abstract provided.

The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler

All Faculty Scholarship

This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by …

For Right To Live: A Constitutional Argument For Mandatory Preventative Health Care For Female Prisoners, Kendra D. Arnold

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Ua12/8 Annual Crime Awareness & Campus Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports. Includes statistics on the types of crimes which were reported from 2001-2003.

Major Crime Victim's Perceptions Of The San Bernardino County District Attorney's Office, Marilynn Jean Kimball

Theses Digitization Project

The purpose of this study was to gain a better understanding of perceptions crime victims have of the San Bernardino County District Attorney's Office. This project focused on crime victims' perceptions of communication channels and service delivery at the San Bernardino County District Attorney's Office. This research is based on a victim survey used for primary data collection.

The Effects Of Higher Education On Law Enforcement, Harrison Tolbert

Theses Digitization Project

This paper focused on many aspects of higher education, and how this complex topic is affeccting law enforcement today and will continue to affect it in the future. The role of police officers has changed over the preceding two hundred years from watchman to professional peacekeeper. Experts attribute this change to increases in societal awareness of crime, the implementation of civil service protection, and educational advances.

How Much Should The Off-Duty Employment Of Police Officers Be Regulated?, Angela Rena Aulis

Theses Digitization Project

This project explored the question of whether or not the employment of off-duty police officers should be regulated. It includes two surveys, a statewide survey of agency regulations and a survey of Fontana Police Department personnel.

Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby

William Mitchell Law Review

Once upon a time (a time not so remote as to be beyond the memories of many of us who still toil in the vineyards of justice), the severity of a criminal sentence was determined largely at the whim of the trial judge, who was guided only by vague considerations of suitability. Non-premeditated murder, for example, might be punished by anything from probation to forty years in prison. A parole board exercised a similarly subjective power to temper the term with early release. Then, about a quarter century ago, the legislature created a commission to establish sentencing “guidelines,” said to …

The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill

UIC Law Review

No abstract provided.

Racial Profiling Of African-American Males: Stopped, Searched, And Stripped Of Constitutional Protection, 38 J. Marshall L. Rev. 439 (2004), Floyd D. Weatherspoon

UIC Law Review

No abstract provided.

Police Powers In Pakistan: The Need For Balance Between Operational Independence And Accountability, Ahmad N. Warraich

Human Rights Brief

No abstract provided.

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.

Force, Inc.: The Privatization Of Punishment, Policing, And Military Force In Liberal States, Clifford Rosky

Utah Law Faculty Scholarship

Should our punishment, policing, and military institutions be public, private, or both? Is there a special link between the project of government and the exercise of force? These two questions have vexed philosophers for several centuries, and lately, they have begun to present more practical problems as well. In the past three decades, private punishment, policing, and military markets have blossomed and boomed in liberal states. Private prisons, police, and armies have been popping up around the world, punishing criminals, fighting crimes, keeping peace, and waging war. The use of force has generated unprecedented profits, and the boundaries between public …

A Prisoner's Right To Religious Diet Beyond The Free Exercise Clause, 51 Ucla L. Rev. 1151 (2004), Benjamin Liu

UIC Law Open Access Faculty Scholarship

Are religious prisoners entitled to dietary accommodations consistent with their religious beliefs? The current answer for this question derives from two 1987 cases, Turner v. Safley and O'Lone v. Estate of Shabazz, in which the U.S. Supreme Court articulated a factor-driven balancing test. Under this test, a prison regulation may burden an inmate's rights only if, on balance, the regulation reasonably serves a penological interest. However, the application of the Turner test often leads to conflicting results in the lower courts. The conflicting legal decisions stem from ambiguities in the concept of "reasonableness." In this Comment, I argue that the …

Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider

Michigan Journal of Race and Law

Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Research Reports & White Papers

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Pretextual Use Of Search Warrants In Federal White Collar Criminal Investigations Of Legitimate Businesses To Conduct Custodial Interrogations Of Targets, Employees, And Occupants: Can They Really Do That?, Patrick R. James, Matthew R. House

University of Arkansas at Little Rock Law Review

No abstract provided.

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

Articles

No abstract provided.

The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton

Articles

No abstract provided.

Difficult Times In Kentucky Corrections--Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard Harcourt

Faculty Scholarship

New reporting requirements and data collection efforts by over four hundred law enforcement agencies across the country – including entire states such as Maryland, Missouri, and Washington – are producing a continuous flow of new evidence on highway police searches. For the most part, the data consistently show disproportionate searches of African-American and Hispanic motorists in relation to their estimated representation on the road. Economists, civil liberties advocates, legal and constitutional scholars, political scientists, lawyers, and judges are poring over the new data and reaching, in many cases, quite opposite conclusions about racial profiling.

Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger

Articles

This article uses panel data estimation techniques to examine the relation between the number of federal court civil filings by inmates and jail and state prison populations (and, hence, the relation between jail and prison inmate filing rates) both before and after the effective date, in 1996, of the Prison Litigation Reform Act (PLRA). The research issue matters for several reasons. First, the amount of litigation by inmates is a crucial component of the regulatory regime governing jails and prisons and thus what factors drive filings, and by how much, deserves close attention and assessment. In addition, the PLRA was …

A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of providing medical treatment, particularly gender reassignment surgery (GRS), to transgender prisoners under the Eighth Amendment, which prohibits cruel and unusual punishment. It argues that while courts have recognized the necessity of addressing gender dysphoria, the financial and logistical challenges of providing such treatments raise concerns about equity and resource allocation. The ruling in Brooks v. Berg highlights the tension between constitutional rights and the practical limitations of prison systems in meeting these needs.

It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin Priester

Journal Publications

Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, often through the implementation of a broad range of laws of relatively recent vintage such as mandatory minimum provisions and regulations of judicial discretion like the Federal Sentencing Guidelines. The policies underlying these sentencing laws are perhaps the most hotly contested issues in all of criminal procedure, with legislative amendments and calls for reform being made every year. Despite their tremendous importance and the constant political activity concerning them, however, the constitutionality of these laws is surprisingly uncertain-the United States Supreme Court has heard an astounding …

"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham

University of Michigan Journal of Law Reform

This Article discusses faith-based prison programs that immerse prisoners living in residential units within a prison in a religious atmosphere. Part One analyzes the constitutionality of these programs under the Establishment Clause of the First Amendment. It notes that state action in the prison context receives more deference from courts than outside the prison context, and that prisoners' constitutional rights are more constricted than free persons" Part I proceeds to analyze the constitutionality of faith immersion programs in prisons, in light of the Supreme Court's precedents dealing with prisoners' rights and the Establishment Clause. States can defend immersion programs on …