Law Enforcement and Corrections Commons^™

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions - Proceedings, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Now, you would think that I was as old as dirt after listening to that introduction. Well, the truth is, I am as old as dirt. And I told Paul Quander that we are both as old as dirt.

First, I want to thank Arlene for inviting me. Many, many months ago Arlene called and asked me if I would speak at this symposium on mental health in correctional institutions.

A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss

Publications

No abstract provided.

A Wolf In Sheep's Clothing: Wolf Versus Ashcroft And The Constitutionality Of Using The Mpaa Ratings To Censor Films In Prison, Colin Miller

Vanderbilt Journal of Entertainment & Technology Law

Part I of this article looks at the history of the federal courts' jurisprudence in deciding prisoner's rights cases, culminating in the current test adopted in on Turner v. Safley. Part II considers the purposes behind the Zimmer Amendment and looks at the district and appellate court rulings in the Pennsylvania prisoners' case, Wolf v. Ashcroft. Part III looks at the history of the MPAA ratings and cases dealing with their legal enforceability. Finally, Part IV applies Turner's test to the Zimmer Amendment and the Pennsylvania policy prohibiting R, X, and NC-17 movies from being shown in prison, ultimately concluding …

No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer

Seattle University Law Review

This Article will first examine how the warrant system works in Washington and how jail overcrowding and prisoner litigation has hindered the ability of law enforcement to arrest defendants wanted on misdemeanor and gross misdemeanor warrants. Second, the scope of the problem will be documented, followed by an analysis of why limited jurisdiction judges are currently unable to adequately respond to the growing problem. Finally, the harms caused by the failure to execute warrants will be detailed, followed by a survey of options available to correct the problem.

Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston

Seattle University Law Review

The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …

The Reliability Of The Administrative Office Of The U.S. Courts Database: An Initial Empirical Analysis, Theodore Eisenberg, Margo Schlanger

Articles

Researchers have long used federal court data assembled by the Administrative Office of the U.S. Courts (AO) and the Federal Judicial Center (FJC). The data include information about every case filed in federal district court and every appeal filed in the twelve nonspecialized federal appellate courts. Much research using the AO data spans subject matter areas, and includes articles on appeals, caseloads and case-processing times, case outcomes, the relation between demographics and case outcomes, class actions, diversity jurisdiction, and litigation generally. Other research using the AO data covers particular subject matter areas, such as inmate cases, contract cases, corporate litigation, …

What Are The Elements Of A Successful Training Model, As Perceived By Global Corporate Security Heads Working In The Ethical Pharmaceutical Industry?, Kevin P. Schatzle

Seton Hall University Dissertations and Theses (ETDs)

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Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.

Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy

Faculty Scholarship

The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.

Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm

UNLV Theses, Dissertations, Professional Papers, and Capstones

Selected Nevada law enforcement officers participated in the mandatory collection of traffic stop data in the calendar year 2002. The requirement was a temporary one-year study mandated by the 2001 Nevada Legislature. The primary objective of this paper is to provide insight into the behavioral response of law enforcement with respect to mandatory data collection. Data for this study was obtained from the use of a self-administered mail survey from law enforcement officers from five of the nine Nevada police agencies required to collect traffic stop data. Responses from 399 Nevada law enforcement officers surveyed (A response rate of 65 …

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman

Faculty Scholarship

Two lines of questions dominate discussions about how the nation ought to respond at home to the new (or rather newly perceived) terrorist threat: How do we ensure that information about potential terrorist activities is effectively gathered, shared, and used? And how do we ensure that the Government neither abuses the investigative authority we give it, nor demands more authority than it needs? Each line can profitably be pursued in its own terms. Yet to keep the conversations separate is to miss seeing how the very process of creating an effective domestic intelligence network may introduce a salutary level of …

Managing A Correctional Marketplace: Prison Privatization In The United States And The United Kingdom, David Pozen

Faculty Scholarship

This article traces the recent history and development of privately operated prisons in the United States and the United Kingdom, and it compares their current role in the countries' correctional systems. The privatization movements of the U.S. and the U.K. were driven by similar factors, but the relative weight of these factors varied between the two. In the U.S., legal pressures to alleviate prison overcrowding and fiscal incentives to contract out prison construction were stronger, while in the U.K. the ideological and political aims of the governing party exerted more influence in stimulating privatization. America's experience with private prisons in …

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes

Michigan Law Review

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …

A Qualitative Study Of Bullying Behavior In Federal Law Enforcement: An Examination Of Former Officers' Perceptions Regarding The Problem, Rande W. Matteson

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this phenomenological research project was to study and review through naturalistic inquiry, the perceptions of former federal agents and officers as to whether they believe they were bullied at their workplace, and if so, what did those participants do to cope or adjust to the bullying behavior. Multiple sources for data collection were deployed to explore and examine whether former agents perceive they were bullied at work and what mechanisms those employees found were helpful as coping strategies.

This research project used a non-random, purposeful sample selected from contacts established through the Federal Law Enforcement Officers Association. …

The Black And White Of Profiling: Sniping On The Sniper Case, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the construct of profiling in the aftermath of the arrest of two suspects in the recent sniper attacks perpetrated in the greater Washington, D.C. area.

Warrantless Home Arrests And Police Liability Under Utah Law, Matthew Bell

BYU Law Review

No abstract provided.

A Lessons Learned Repository For Computer Forensics, Warren Harrison, George Heuston, Mark Morrissey, David Aucsmith, Sarah Mocas, Steve Russelle

Computer Science Faculty Publications and Presentations

The Law Enforcement community possesses a large, but informal, community memory with respect to digital forensics. Large, because the experiences of every forensics technician and investigator contribute to the whole. Informal because there is seldom an explicit mechanism for disseminating this wisdom except “over the water cooler”. As a consequence, the same problems and mistakes continue to resurface and the same solutions are re-invented. In order to better exploit this informal collection of wisdom, the key points of each experience can be placed into a Repository for later dissemination. We describe a web-based Lessons Learned Repository (LLR) that facilitates contribution …

Girls In The Juvenile Justice System, Robert E. Shepherd Jr.

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

No abstract provided.

Justice By Gender: The Lack Of Appropriate Prevention, Diversion And Treatment Alternatives For Girls In The Justice System

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

No abstract provided.

Too Young To Die: The Juvenile Death Penalty After Atkins V. Virginia, Edmund P. Power

Capital Defense Journal

No abstract provided.

Mickens V. Taylor 122 S. Ct. 1237 (2002)

Capital Defense Journal

No abstract provided.

Stewart V. Smith 122 S. Ct. 2578 (2002)

Capital Defense Journal

No abstract provided.

Basden V. Lee 290 F.3d 602 (4th Cir. 2002)

Capital Defense Journal

No abstract provided.

Bell V. Commonwealth 563 S.E.2d 695 (Va. 2002)

Capital Defense Journal

No abstract provided.

Hartman V. Lee 283 F.3d 190 (4th Cir. 2002)

Capital Defense Journal

No abstract provided.

Va. Code Ann. S 18.2-18 (Michie Supp. 2002) Va. Code Ann. S 18.2-31(13) (Michie Supp. 2002) Va. Code Ann. S 18.2-46.4 To 18.2-46.10 (Michie Supp. 2002) Va. Code Ann. S 19.2-294 (Michie Supp. 2002)

Capital Defense Journal

No abstract provided.

Emmett V. Commonwealth 569 S.E.2d 39 (Va. 2002)

Capital Defense Journal

No abstract provided.

Patterson V. Texas 123 S. Ct. 24 (2002)

Capital Defense Journal

No abstract provided.