Law Enforcement and Corrections Commons^™

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Defenders bear witness to an awful social experiment gone awry. Punishment has taken the place of every other intervention because it is so simple. It divides the world neatly into good people and bad, the worthy and unworthy, victims and perpetrators. Once we punish the bad, the unworthy, the perpetrators, the rest of us can rest easy. We can say that we are different from them. We can wag our finger at them and assert our moral superiority. In this social and political climate, hardly anyone ever asks why. Why did this man or woman end up this way? What …

Stories About Miranda, George C. Thomas Iii

Michigan Law Review

It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …

Toward A Criminal Law For Cyberspace: A New Model Of Law Enforcement?, Susan W. Brenner

School of Law Faculty Publications

This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)

We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and …

Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law, Roger P. Alford

Journal Articles

In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …

Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie

Articles, Book Chapters, & Popular Press

A recent position statement by the Ontario Medical Association’s Section on Emergency Medicine called on the Ontario government to pass a law requiring physicians to report gunshot wounds to police. The Ontario government quickly passed a motion to “introduce legislation to require hospitals and physicians to report gunshot wounds and knife injuries to their local police service.” The goals behind the position statement are laudable: “to assess and reduce immediate public risk and to collect data to inform future prevention strategies.” However, mandating that physicians report gunshot wounds is an ill-conceived response to the problem of gun-related violence. It will …

Reflections On The Manifold Means Of Enforcing The Antitrust Laws: Too Much, Too Little, Or Just Right?, Joseph P. Bauer

Journal Articles

Lately, much attention has been given to the scope of the antitrust laws. This discussion has two overlapping components: (1) consideration of the substantive doctrines specifying the behavioral or structural changes that are or are not unlawful and the appropriate methodology; and (2) analysis for making those determinations with attention given to the appropriate vehicles for enforcing the antitrust laws. Some argue that the antitrust laws proscribe activities that are either pro-competitive or at worst benign. Further, they assert that the multiplicity of antitrust enforcers and enforcement devices has resulted in undue burdens, including excessive cost, time delay, and forestalling …

The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave

Michigan Law Review

Yale Kamisar, about which I have said too much elsewhere in this issue of the Review, could rightly be called "Mr. Confessions," for he has not only authored books and a host of articles on the subject of police interrogation, but for years has been printing Miranda cards in his basement and selling them to police departments all across the nation. Moreover, he may be the only law professor in the country who has both personally coerced a confession and had a confession coerced out of him. As Kamisar has himself noted, my own "intellectual sandbox" has been the …

The Politics Of Inmate Litigation, Margo Schlanger

Other Publications

I feel compelled to respond to a recent student-written Note that critiques my Article, Inmate Litigation, published last year in the Review. The Note aims to expose my work as an (“at least . . . unconscious”) exercise in left-leaning political argumentation in the guise of technocratic, quantitative data-crunching. The accusation of covert politics is puzzling. My piece employed careful quantitative and qualitative empirical techniques to evaluate a statute, the Prison Litigation Reform Act (PLRA), that restricts the legal rights of some of the most disempowered and vulnerable people in this country. The politics of that inquiry are clear, and …

The Paradox Of Criminal Justice Education In The United States: A Study Of The Perceptions Of Criminal Justice Faculty As A Paradigm Of An Academic Discipline And The Congruence With The Literature, Daniel A. Posluszny

Seton Hall University Dissertations and Theses (ETDs)

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The Unfulfilled Promise Of Citizen Review, Debra A. Livingston

Faculty Scholarship

Once controversial, the idea that citizens should participate in the administrative review of complaints about police conduct is today widely accepted. Citizen review processes of one type or another can be found in about eighty percent of our largest cities. There are approximately 100 separate oversight agencies in this country and that number has been growing steadily for some time. Even as citizen review has become an accepted feature of the landscape in American policing, however, questions have been raised about just what citizen participation in complaint review is likely to achieve in terms of improving police and the relations …

Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt

Faculty Scholarship

Then the police officer told the suspect, without just cause, "I bet you are hiding [drugs] under your balls. If you have drugs under your balls, I am going to fuck your balls up."

Jon Gould and Stephen Mastrofski document astonishingly high rates of unconstitutional police searches in their groundbreaking article, "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution." By their conservative estimate, 30% of the 115 police searches they studied – searches that were conducted by officers in a department ranked in the top 20% nationwide, that were systematically observed by trained field observers, and that were coded …

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan

Faculty Scholarship

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …

Injustice Casts Shadow On History Of State Executions, John Bessler

All Faculty Scholarship

This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.

Nothing But The Facts, David Burnham

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

In The Absence Of Democracy: The Designation And Material Support Provisions Of The Anti-Terrorism Laws, Jennifer Van Bergen

Cardozo Public Law, Policy & Ethics Journal

The article argues that post-9/11 laws, particularly the Antiterrorism and Effective Death Penalty Act (AEDPA) and the USA PATRIOT Act (USAPA), have dangerously expanded governmental power at the expense of civil liberties. These laws, through provisions like material support for terrorism and the designation of Foreign Terrorist Organizations (FTOs), enable prosecutions that often violate due process and First Amendment rights. The article contends that sacrificing civil liberties for national security is both unnecessary and harmful, part of a historical pattern that undermines democracy and the rule of law.

Examining The Post September 11, 2001 Practices Of Accredited And Non-Accredited Law Enforcement Agencies In The Aspects Of Training, Legal And Service Delivery, Eugene G. Savage

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Homeland security measures and the preparation of local law enforcement are reviewed, in light of September 11, 2001, to determine their effect on the Constitutional rights of citizens, the delivery of law enforcement services, e.g., call response and the training methodologies, and the fiscal impact to fulfill the new policing mandates. The study reviews aggressive measures, normally vested with federal law enforcement agencies, to determine if local police are also utilizing similar methods for the sake of national security and if such measures are undermining ethical and legal practices previously exercised by local police. This research also examines the distinction …

Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke

Washington Law Review

This Article attempts to reframe a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …

Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison

BYU Law Review

No abstract provided.

Recruiting And Selection Of Police Officers: A Case Study Of The Clark County School District Police Department, Anthony A. York

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper is a case study of the Clark County School District (CCSD) Police Department recruitment and selection process. The case study examines and evaluates the human resource function in the recruiting and hiring of police officers. The case study addresses the issue of line-staff relations and how it was best resolved in this organization in order to effectively recruit and select CCSD Police Officers. The paper addresses the historical, structural, and philosophical factors of the Clark County School District Police Department in discussing the possible organizational strategies for recruiting and selection of police officers. This paper uses a specific …

Police Response To Domestic Violence: Does Officer Gender Make A Difference?, Amy Leighann Whitmore

Sociology & Criminal Justice Theses & Dissertations

With domestic violence an increasing problem within the United States, police response to domestic violence has emerged as an important issue in its prevention and treatment. Recent research on police response to domestic violence has yielded conflicting results, with some studies showing that officer gender affects responses. The purpose of this study was to examine the effect that officer gender has on both formal and informal police responses to domestic violence. Incident reports were collected from a police agency to examine responses to domestic violence.

Results indicated that officer gender does have a significant effect upon both formal and informal …

State V. Fisher: Canine Sniffs - Who Let The Dogs Out, Shannon R. Hurley-Deal

North Carolina Central Law Review

No abstract provided.

The Law And Economics Of Racial Profiling: New Jersey's Racial Profiling Statute Of 2003, George Steven Swan

North Carolina Central Law Review

No abstract provided.

Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear

ExpressO

No abstract provided.

Life's Uncertainties: How To Deal With Cooperating Witnesses And Jailhouse Snitches, C. Blaine Elliott

Capital Defense Journal

No abstract provided.

Wiggins V. Smith 123 S. Ct. 2527 (2003)

Capital Defense Journal

No abstract provided.

Bell V. Ozmint 332 F.3d 229 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

Hill V. Ozmint 339 F.3d 187 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

Atkins V. Commonwealth 581 S.E.2d 514 (Va. 2003)

Capital Defense Journal

No abstract provided.

Walton V. Angelone 321 F.3d 442 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.