Law Enforcement and Corrections Commons^™

Inmate Implicates Prison Guards With Eighth Ammendment Violation, Anne Leinfelder

Public Interest Law Reporter

No abstract provided.

International Bounty Hunter Ride-Along, Ryan M. Porcello

Vanderbilt Journal of Transnational Law

This Note explores the international implications of a plan proposed by two bounty hunters in the Tacoma, Washington area to charge U.K. thrill seekers to accompany them on manhunts in the United States. Part H explains the differences in Colonial American society that resulted in the early development of a commercial bail bond system to replace the English personal surety system. Part III examines the contractual relationship between a bail bondsman and a defendant, as well as the agency relationship between a bail bondsman and a bounty hunter, to show why bounty hunters have such unbridled power to arrest fugitives. …

Theology In The Jury Room: Religious Discussion As "Extraneous Material" In The Course Of Capital Punishment Deliberations, Gregory M. Ashley

Vanderbilt Law Review

"Why would a God concerned about justice in a matter of life and death be willing to delegate an absolute power over life and death to such fallible and morally benighted creatures?'"

In the landmark Furman v. Georgia decision, Justice Brennan likened capital punishment to a mere game of chance: "When the punishment of death is inflicted in a trivial number of the cases in which it is legally available, the conclusion is virtually inescapable that it is being inflicted arbitrarily. Indeed, it smacks of little more than a lottery system." Although Brennan's argument in Furman focused primarily on disparities …

Departing Ways: Uniformity, Disparity And Cooperation In Federal Drug Sentences, Michael A. Simons

Faculty Publications

(Excerpt)

In 1995, this law review sponsored a symposium entitled The Sentencing Controversy: Punishment and Policy in the War Against Drugs. That symposium's focus on sentencing was appropriate because, as one of the participants noted, "[s]entencing is the bottom line of the criminal justice system."  Six years later, as this current symposium makes clear, we are still waging "war" on drugs. And although this symposium is not devoted exclusively to punishment, sentencing is still a central—and vexing—battlefield in that war.

The war on drugs is fought on multiple fronts: education, treatment, interdiction, diplomacy and law enforcement. Law enforcement, however, …

Washington State's Return To Indeterminate Sentencing For Sex Offenses: Correcting Past Sentencing Mistakes And Preventing Future Harm, Jennifer M. Mckinney

Seattle University Law Review

The Washington legislature's return to indeterminate sentencing corrects its original mistake of setting fixed sentences for sex offenders with no supervision after release. Unlike the present civil commitment system, indeterminate sentencing preventatively detains offenders in the criminal system, protects the public, and ensures more control over offenders following their prison terms. Indeterminate sentencing provides a more efficient and effective alternative to the civil commitment process. Section II will briefly discuss the progression of sex offender sentencing from the original parole system to the present changes, and why past structures were instituted and later modified or repealed. Furthermore, Section II will …

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The war on drugs has spawned a second front-a war on education. The casualties of this war are all poor or lower-income people who cannot afford to buy a private education. This article details the consequences of this other war, and explores some legislative and litigation strategies for reclaiming educational opportunity for all Americans. First, however, we must set out in more detail the laws and policies that now deploy educational privation as punishment in public schools, colleges, and prisons.

Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi

Publications

No abstract provided.

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

Policing Disorder: Can We Reduce Serious Crime By Punishing Petty Offenses?, Bernard E. Harcourt

Faculty Scholarship

Punishment in these late modem times is marked by two striking developments. The first is a stunning increase in the number of persons incarcerated. Federal and state prison populations nationwide have increased from less than 200,000 in 1970 to more than 1,300,000 in 2000, with another 600,000 persons held in local jails.1 Today, approximately 2 million men and women are incarcerated in prisons and jails in this country.The intellectual rationale for this increase is provided by "incapacitation theory''-the idea that a hardcore 6 percent of youths and young adults are responsible for the majority of crime and that locking up …

Crack Babies And The Constitution: Ruminations About Addicted Pregnant Women After Ferguson V. City Of Charleston, Ellen Marrus

Villanova Law Review (1956 - )

No abstract provided.

New Voices On The War On Drugs - Foreword, Anne Bowen Poulin

Villanova Law Review (1956 - )

No abstract provided.

America’S Death Penalty: Just Another Form Of Violence, John Bessler

All Faculty Scholarship

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.

Law Enforcement Under Incomplete Law: Theory And Evidence From Financial Market Regulation, Chenggang Xu, Katharina Pistor

Faculty Scholarship

This paper studies the design of law-making and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure, defined as the social-welfare loss that results from the regime's inability to deter harmful actions. As a potential remedy a regulatory regime is introduced. The major functional difference between courts and regulators is that courts enforce law reactively, that is only once others have initiated law enforcement procedures, while regulators enforce law proactively, i.e. on their own initiative. Proactive law enforcement may be superior in preventing harm. However, …

The Pathological Politics Of Criminal Law, William J. Stuntz

Michigan Law Review

Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the …

The Limits Of Localism, Richard C. Schragger

Michigan Law Review

In Chicago v. Morales, the Supreme Court struck down Chicago's Gang Congregation Ordinance, which barred "criminal street gang members from loitering with one another or with other persons in any public place." The stated purpose of the ordinance was to wrest control of public areas from gang members who, simply by their presence, intimidated the public and established control over identifiable areas of the city, namely certain inner-city streets, sidewalks, and corners. The ordinance required that police officers determine whether at least one of two or more persons present in a public place were members of a criminal street gang …

Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero

Faculty Publications

As the philosophy of policing moves from a traditional to a community-oriented approach, performance measures must shift as well. Unlike the typical police performance measures of arrest and crime rates found in traditional police philosophies, community-oriented policing performance measures are more general and tend to measure the extent to which police affect the quality of life in the communities they serve as well as the problems they solve. This manuscript begins the process of developing effective community policing performance measures and presents three case studies through which objectives and performance measures are conceptualized.

Capital Punishment: 21st Century Lynching, Serena L. Hargrove

University of the District of Columbia Law Review

No abstract provided.

Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian

University of the District of Columbia Law Review

No abstract provided.

The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos

University of the District of Columbia Law Review

No abstract provided.

Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman

Buffalo Women's Law Journal

No abstract provided.

In Re Braxton 258 F.3d 250 (4th Cir. 2001)

Capital Defense Journal

No abstract provided.

Shafer V. South Carolina 121 S. Ct. 1263 (2001)

Capital Defense Journal

No abstract provided.

Green V. Commonwealth 546 S.E.2d 446 (Va. 2001)

Capital Defense Journal

No abstract provided.

Patterson V. Commonwealth 551 S.E. 2d 332 (Va. 2001) Zirkle V. Commonwealth 551 S.E.2d 601 (Va. 2001)

Capital Defense Journal

No abstract provided.

Schmitt V. Commonwealth 547 S.E.2d 186 (Va. 200[ 1])

Capital Defense Journal

No abstract provided.

Yarbrough V. Commonwealth 551 S.E.2d 306 (Va. 2001)

Capital Defense Journal

No abstract provided.

Inconsistencies In Virginia Capital Jurisprudence, Sarah M. Braugh

Capital Defense Journal

No abstract provided.

Consular Assistance For Foreign Defendants: Avoiding Default And Fortifying A Defense, Amanda E. Burks

Capital Defense Journal

No abstract provided.