Law Enforcement and Corrections Commons^™

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

Center on Children, Families, and the Law: Faculty Publications

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler

Faculty Articles

In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …

Evaluation Of Field Sobriety Tests For Identifying Drivers Under The Influence Of Cannabis: A Randomized Clinical Trial, Thomas D Marcotte, Anya Umlauf, David J Grelotti, Emily G Sones, Kyle F Mastropietro, Raymond T Suhandynata, Marilyn A. Huestis, Igor Grant, Robert L Fitzgerald

Institute of Emerging Health Professions Faculty Papers

IMPORTANCE: With increasing medicinal and recreational cannabis legalization, there is a public health need for effective and unbiased evaluations for determining whether a driver is impaired due to Δ9-tetrahydrocannabinol (THC) exposure. Field sobriety tests (FSTs) are a key component of the gold standard law enforcement officer-based evaluations, yet controlled studies are inconclusive regarding their efficacy in detecting whether a person is under the influence of THC.

OBJECTIVE: To examine the classification accuracy of FSTs with respect to cannabis exposure and driving impairment (as determined via a driving simulation).

DESIGN, SETTING, AND PARTICIPANTS: This double-blind, placebo-controlled parallel randomized clinical trial was …

Police Funding As A Deficit Of Democracy, Not Deterrence, Anthony O'Rourke, Rick Su, Guyora Binder

Journal Articles

Professor Noah Smith-Drelich’s Funding the Police is a welcome addition to the growing literature on structural barriers to implementing abolitionist visions of public safety. Professor Smith- Drelich’s central argument is consistent with our findings, in Defunding Police Agencies, that external funding of local police agencies imposes a set of “indirect constraints” that ensure robust police budgets and disincentivize spending on non-police social programs that might better ensure public safety. We believe, however, that Professor Smith-Drelich may be too sanguine about the deterrence potential of constitutional tort judgments. Misconduct judgments are largely financed through commercial insurance and public borrowing. Legal changes …

Breaking Down Bias: A Comparative Analysis Of General Public And Police Officer Attitudes Toward Mental Illness And Officer Decision-Making In Mental Health Crises, Therese L. Todd

Dissertations, Theses, and Capstone Projects

Police responses to persons with mental illness (PMIs) compared to those without appear to be more likely to result in negative outcomes, underscoring the importance of understanding these interactions and the factors that may influence them. Relatively little research has examined officer attitudes toward mental illness, and no study has examined implicit bias toward mental illness among police officers or how police culture may impact outcomes in mental health crises. The present study sought to: 1) measure explicit and implicit bias toward PMIs among the general public and police officers to understand how these constructs may vary among these populations; …

Abolition And Environmental Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining institutions and collective structures that improve human well-being, linking penal divestment to environmental justice. In urging a reimagination of public safety, abolitionists envision much more than decriminalization or a reallocation of police functions to social service agencies or other alternatives to imprisonment and policing. Instead, for abolitionists, meaningful public safety requires, among other things, …

Carceral Data: The Limits Of Transparency-As-Accountability In Prison Risk Data, Becka Hudson, Tomas Percival

Secrecy and Society

Prison data collection is a labyrinthine infrastructure. This article engages with debates around the political potentials and limitations of transparency as a form of “accountability,” specifically as it relates to carceral management and data gathering. We examine the use of OASys, a widely used risk assessment tool in the British prison system, in order to demonstrate how transparency operates as a means of legitimating prison data collection and ensuing penal management. Prisoner options to resist their file, or “data double,” in this context are considered and the decisive role of OASys as an immediately operationalized technical structure is outlined. We …

United States Of America V. Donald J. Trump, Defendant, Jack Smith

United States Department of Justice: Publications

Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …

Wellness And The Occupational Impact Of Being A Police Officer, Daisy Nunez, Karen Park

Summer 2023 Virtual OTD Capstone Symposium

The occupational impact of being a police officer was researched. Along with the barriers and supports to wellness services. The study aimed to answer both those questions to analyze the impact of wellness on the population.

The Lived Experiences Of 911 Dispatchers With Compassion Fatigue: An Interpretive Phenomenology, Angela Johnson

Counseling & Human Services Theses & Dissertations

911 dispatchers are the “first” first responders in an emergency and play an intrinsic role in the public safety continuum. 911 dispatchers are exposed to daily and cumulative stress from the repeated empathic engagement of those they serve, and from shift work, staffing shortages, and inability to make mistakes. However, there is a dearth of peer reviewed literature on 911 dispatchers and compassion fatigue (CF). CF is described as the emotional and physical exhaustion experienced due to the constant exposure to the trauma of others. CF symptomology in 911 dispatchers has far reaching implications for not only the citizens …

Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter

Pepperdine Law Review

Under the “prison mailbox rule,” an inmate’s notice of appeal in either a criminal or civil case is considered filed at the moment the notice is given to prison authorities to be mailed. But the prison mailbox rule originated as a common law rule––having developed in Fallen v. United States and Houston v. Lack––and was not codified in the Federal Rules of Appellate Procedure until 1993. In light of its complex origins, circuit courts have split over to whom and to which types of filings the rule should apply. More specifically, courts have disagreed over whether the prison mailbox rule …

The Racialized History Of Vice Policing, India Thusi

Articles by Maurer Faculty

Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States—such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and preserving the moral integrity of the policed communities by eradicating vice. Instead, the history of vice policing provides an example of the racialized nature of policing in the United States. Vice policing has been focused on (1) maintaining racial segregation, (2) containing vice in marginalized communities, and (3) …

The Pathway Forward: Uncovering The Barriers Faced By Women Police Chiefs, Michael Llamas, Amor Roma, Tianshi Hao, Wendy Perkinson, Kayleigh Axtell, Anshu Lal, Jesse Llamas

The Scholarship Without Borders Journal

Women have encountered many obstacles in their quest to gain leadership in law enforcement. While research has studied how well women officers strive to achieve higher-level positions within police departments, the challenges women face when they gain top leadership roles remain largely unexplored. This research paper will discuss the unique challenges faced by women police chiefs, drawing from first-hand experiences of women police chiefs and existing literature. The study finds that women police chiefs encounter challenges in communication, transferring to a new department, overtasking, introvertedness, and general police chief stress. The study also finds that women police chiefs implement ways …

Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech, Madison Heiney

Indiana Journal of Law and Social Equality

No abstract provided.

Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty

Indiana Journal of Law and Social Equality

No abstract provided.

The Irrationality Of Child Support Enforcement In The United States: Harming Children And Punishing The Poor, Hannah Pitcher

Indiana Journal of Law and Social Equality

No abstract provided.

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

Liability Of Third Parties In Compulsory Implementation: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The creditor's right to initiate compulsory enforcement procedures, in legal terms, entails an integrated executive association in terms of its elements, namely, the person, the subject and the reason, which constitutes the theory of implementation in general. Since implementation theory consists of three basic elements, implementation people, the reason for implementation, and the place of implementation. The subject of the research will be limited to the implementation persons, not all the people involved in the process of forced implementation. But only to third parties.

Since direct enforcement procedures require the intervention of several persons in the executive association, in order …

Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic

Cleveland State Law Review

In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

Cleveland State Law Review

The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert

Cleveland State Law Review

Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth …

The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders

Cleveland State Law Review

This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Collaborative Governance Dalam Pencegahan Peredaran Narkoba Di Indonesia, Riqi Samsurizal, Pangeran Baron, Tony Probo

Jurnal Kajian Stratejik Ketahanan Nasional

Penggunaan narkoba di Indonesia cukup tinggi hal ini dipengaruhi oleh pasar obat dunia. Secara global, peredaran narkoba dikendalikan oleh tiga jaringan sindikat internasional, yakni Golden Peacock, Golden Crescent, dan Golden Triangel. Hal ini menjadi tantangan bagi pemerintah Indonesia untuk memerangi narkoba. Penelitian ini menggunakan pendekatan deskriptif kualitatif, berorientasi pada fenomena atau gejala alam. Informan dipilih dengan menggunakan Purposive sampling yaitu sasaran individu sesuai dengan karakteristik yang diinginkan penulis dengan informan primer adalah representasi institusi dan data sekunder berupa sumber dokumen atau informasi. Sedangkan jalur peredaran narkotika di Indonesia terdiri dari 3 jalur yaitu jalur darat, laut dan udara, dimana diperkirakan …

Per Curiam Signals In The Supreme Court's Shadow Docket, Zina Makar

Washington Law Review

Lower courts and litigants depend a great deal on the Supreme Court to articulate and communicate signals regarding how to interpret existing doctrine. Signals are at their strongest and most reliable when they originate from the Court’s merits docket. More recently, the Court has been increasingly relying on its orders docket—colloquially referred to as its “shadow docket”—to communicate with lower courts by summarily reversing and correcting errors in interpretation without briefing or oral argument.

Over the past decade the Roberts Court has granted certiorari to summarily reverse a growing number of qualified immunity cases, issuing over a dozen unsigned per …

#Metoo In Prison, Jenny-Brooke Condon

Washington Law Review

For American women and nonbinary people held in women’s prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women’s prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape Elimination Act (PREA), women who are incarcerated still face shocking levels of sexual abuse, harassment, and violence notwithstanding the law and policies that purport to address this harm. These conditions often persist despite officer firings, criminal prosecutions, and civil liability, and remain prevalent even during a #MeToo era that beckons greater …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Inventing Deportation Arrests, Lindsay Nash

Articles

At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …

How To Alleviate The Repercussions Of Wrongful Convictions: Holistically Righting The Wrongs Of Inadequate Compensation Statutes, Marissa Cohen

Cardozo Law Review

No abstract provided.

The Effect Of Information On Blame Attributed To Four Entities In A Police Shooting, Pauline Meyer

Student Theses and Dissertations

Police shootings continue to negatively impact the public perception of police. When it comes to attributing blame in a police shooting, both internal and external factors affect how much blame a person places on the entities involved. One hundred and twenty Arkansas State undergraduate students enrolled in a psychology or criminology course were randomly assigned to one of the three type of information groups: the episodic, thematic-pattern of violence (TPV), or the thematic-police reform (TPR) group, and then read about the Stephon Clark shooting in 2018. Participants attributed blame scores to the four entities involved: Stephon Clark, the police chief, …