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Articles 3631 - 3660 of 5038

Full-Text Articles in Law Enforcement and Corrections

The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen Jan 2001

The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In passing the Civil Asset Forfeiture Reform Act of 2000, Congress instituted some badly needed reforms to a system that had spawned a good deal of governmental abuse, media investigation, and popular outrage. Unfortunately, however, CAFRA does not address the aspect of asset forfeiture law that is perhaps most responsible for fueling overzealous, sometimes lawless use of the forfeiture power: federal forfeiture law continues to authorize law enforcement agencies to retain the drug-related assets they seize for their own use, and many state laws do as well. With facilities, cruisers, computer and other equipment, salaries and positions sometimes dependent on …


Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt Jan 2001

Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt

Faculty Scholarship

When I was originally approached to participate in this Symposium on the work and legacy of Joel Feinberg, I immediately began thinking about the influence of his essay The Expressive Function of Punishment on contemporary criminal law theory in the United States. That essay has contributed significantly to a growing body of scholarship associated with the resurgence of interest inexpressive theories of law. In the criminal law area, the expressivist movement traces directly and foremost to Feinberg's essay. As Carol Steiker observes, "Joel Feinberg can be credited with inaugurating the "expressivist" turn in punishment theory with his influential essay, The …


Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg Nov 2000

Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg

BYU Law Review

No abstract provided.


Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker Oct 2000

Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker

Faculty Publications

The identification of police officers who have potential problems has emerged as a popular approach for curbing police misconduct and achieving accountability. Early warning (EW) systems are data-driven programs whose purpose is to identify officers whose behavior is problematic and to subject those officers to some kind of intervention, often in the form of counseling or training. Because of their potential for providing timely data on officer performance and giving police managers a framework for correcting unacceptable performance, early warning systems are consistent with the new demands for performance evaluation raised by community policing and the effective strategic management of …


Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler Oct 2000

Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler

Michigan Law Review

Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …


Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles Oct 2000

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

Articles

The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …


The Need For Racial Profiling: Negative Fallout Of The Wen Ho Lee Case, Ibpp Editor Sep 2000

The Need For Racial Profiling: Negative Fallout Of The Wen Ho Lee Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes a counterproductive theme within public discourse on racial profiling, as the Wen Ho Lee case has been resolved.


Losing More Than Time: Incarcerated Mothers And The Adoption And Safe Families Act Of 1997, Mariely Downey Sep 2000

Losing More Than Time: Incarcerated Mothers And The Adoption And Safe Families Act Of 1997, Mariely Downey

Buffalo Women's Law Journal

No abstract provided.


The Good, The Bad, And The Ugly: The Limitation Of Defendants' Statutory Rights By Judicial Decisions And Legislative Revisions, Matthew S. T. Clark Sep 2000

The Good, The Bad, And The Ugly: The Limitation Of Defendants' Statutory Rights By Judicial Decisions And Legislative Revisions, Matthew S. T. Clark

Capital Defense Journal

No abstract provided.


"Meaningful Guidance": Reforming Virginia's Model Jury Instructions On Vileness And Future Dangerousness, Melissa A. Ray Sep 2000

"Meaningful Guidance": Reforming Virginia's Model Jury Instructions On Vileness And Future Dangerousness, Melissa A. Ray

Capital Defense Journal

No abstract provided.


Evans V. Smith 220 F.3d 306 (4th Cir. 2000) Sep 2000

Evans V. Smith 220 F.3d 306 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Fisher V. Lee 215 F.3d 438 (4th Cir. 2000) Sep 2000

Fisher V. Lee 215 F.3d 438 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Va. Code Ann. S 18.2-10(A) (Michie 2000) Va. Code Ann. S 19.2-264.4(A) (Michie 2000) Va. Code Ann. S 19.2-11.01(A)(3)(C) (Michie 2000) Sep 2000

Va. Code Ann. S 18.2-10(A) (Michie 2000) Va. Code Ann. S 19.2-264.4(A) (Michie 2000) Va. Code Ann. S 19.2-11.01(A)(3)(C) (Michie 2000)

Capital Defense Journal

No abstract provided.


Johnson V. Commonwealth 529 S.E.2d 769 (Va. 2000) Sep 2000

Johnson V. Commonwealth 529 S.E.2d 769 (Va. 2000)

Capital Defense Journal

No abstract provided.


Bailey V. Commonwealth 529 S.E.2d 570 (Va. 2000) Sep 2000

Bailey V. Commonwealth 529 S.E.2d 570 (Va. 2000)

Capital Defense Journal

No abstract provided.


Burlile V. Commonwealth 531 S.E.2d 26 (Va. Ct. App. 2000) Sep 2000

Burlile V. Commonwealth 531 S.E.2d 26 (Va. Ct. App. 2000)

Capital Defense Journal

No abstract provided.


Williams V. Commonwealth 528 S.E.2d 166 (Va. Ct. App. 2000) Sep 2000

Williams V. Commonwealth 528 S.E.2d 166 (Va. Ct. App. 2000)

Capital Defense Journal

No abstract provided.


Obtaining Unanimity And A Standard Of Proof On The Vileness Sub-Elements With Apprendi V. New Jersey, M. Kate Calvert Sep 2000

Obtaining Unanimity And A Standard Of Proof On The Vileness Sub-Elements With Apprendi V. New Jersey, M. Kate Calvert

Capital Defense Journal

No abstract provided.


Due Process Limitations On Victim Impact Evidence, Matthew L. Engle Sep 2000

Due Process Limitations On Victim Impact Evidence, Matthew L. Engle

Capital Defense Journal

No abstract provided.


Ramdass V. Angelone 120 S. Ct. 2113 (2000) Sep 2000

Ramdass V. Angelone 120 S. Ct. 2113 (2000)

Capital Defense Journal

No abstract provided.


Williams (Michael) V. Taylor 120 S. Ct. 1479 (2000) Sep 2000

Williams (Michael) V. Taylor 120 S. Ct. 1479 (2000)

Capital Defense Journal

No abstract provided.


Williams (Terry) V. Taylor 120 S. Ct. 1495 (2000) Sep 2000

Williams (Terry) V. Taylor 120 S. Ct. 1495 (2000)

Capital Defense Journal

No abstract provided.


Baker V. Corcoran 220 F.3d 276 (4th Cir. 2000) Sep 2000

Baker V. Corcoran 220 F.3d 276 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Barnabei V. Angelone 214 F.3d 463 (4th Cir. 2000) Sep 2000

Barnabei V. Angelone 214 F.3d 463 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Burket V. Angelone 208 F.3d 172 (4th Cir. 2000) Sep 2000

Burket V. Angelone 208 F.3d 172 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Clagett V. Angelone 209 F.3d 370 (4th Cir. 2000) Sep 2000

Clagett V. Angelone 209 F.3d 370 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Hunt V. Mcdade 2000 Wl 219755, At *1 (4th Cir. Feb. 25, 2000) Sep 2000

Hunt V. Mcdade 2000 Wl 219755, At *1 (4th Cir. Feb. 25, 2000)

Capital Defense Journal

No abstract provided.


Oken V. Corcoran 220 F.3d 259 (4th Cir. 2000) Sep 2000

Oken V. Corcoran 220 F.3d 259 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


United States V. Barnette 211 F.3d 803 (4th Cir. 2000) Sep 2000

United States V. Barnette 211 F.3d 803 (4th Cir. 2000)

Capital Defense Journal

No abstract provided.


Abraham V. Commonwealth 526 S.E.2d 277 (Va. Ct. App. 2000) Delaurencio V. Commonwealth No. 2497-98-1, 2000 Wl 781297, At *1 (Va. Ct. App. June 20, 2000) Sep 2000

Abraham V. Commonwealth 526 S.E.2d 277 (Va. Ct. App. 2000) Delaurencio V. Commonwealth No. 2497-98-1, 2000 Wl 781297, At *1 (Va. Ct. App. June 20, 2000)

Capital Defense Journal

No abstract provided.