Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016),
2016
UIC School of Law
Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey
UIC John Marshall Journal of Information Technology & Privacy Law
The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …
Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016),
2016
UIC School of Law
Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Ua12/8 Annual Campus Safety & Security Report,
2016
Western Kentucky University
Ua12/8 Annual Campus Safety & Security Report, Wku Police
WKU Administration Documents
A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
Law Enforcement Officers' Experiences Of Exposure To Trauma,
2016
Walden University
Law Enforcement Officers' Experiences Of Exposure To Trauma, Michelle B. Nirenberg, Robyn Trippany-Simmons, Tiffany C. Rush-Wilson
Walden Faculty and Staff Publications
Violent, traumatic, and stressful work situations are common for law enforcement officers (LEOs). LEOs are susceptible to stressful situations that impact their emotions and have the ability to affect job performance. This phenomenological study focused on identification of how traumatic incidents affected 10 LEOs from 2 rural law enforcement agencies from a rural community in the southeastern United States. Participants were interviewed regarding the experience of how encountering or witnessing traumatic events impacted their emotions during and after the incident, coping mechanisms they implemented, views on seeking mental health treatment, and importance of peer support. Findings indicated that LEOs expressed …
Reducing Brutality Through Improved Police-Community Relations,
2016
Central Washington University
Reducing Brutality Through Improved Police-Community Relations, Karl A. Fenster
Undergraduate Honors Theses
This paper responds to negative public perceptions of United States law enforcement agencies. The research in this paper addresses six areas of policing reforms that have the potential to positively impact police-community relations: (1) building trust and legitimacy, (2) policy and oversight, (3) technology and social media, (4) community policing and crime reduction, (5) officer training and education, and (6) police-media relations. This paper reviews the existing literature in each topic area. The purpose of each literature review is to more accurately understand possible solutions to the widespread distrust of police and the issue of police brutality. This paper makes …
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations,
2016
American University Washington College of Law
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Criminal Law Practitioner
No abstract provided.
The Firing Squad As "A Known And Available Alternative Method Of Execution" Post-Glossip,
2016
Fordham University School of Law
The Firing Squad As "A Known And Available Alternative Method Of Execution" Post-Glossip, Deborah W. Denno
University of Michigan Journal of Law Reform
This Article does not address the medical debate surrounding the role of midazolam in executions; the problems associated with using the drug have been persuasively argued elsewhere. Nor does it question the soundness of the Glossip Court’s “alternative method of execution” requirement. Rather, this Article’s proposed reform is a constitutionally acceptable alternative that meets the Glossip Court’s standard, rendering moot—at least for the purposes of the following discussion—very real concerns regarding the validity of that dictate. Part I of this Article pinpoints several areas where the Glossip Court goes wrong in glaringly inaccurate or misleading ways, given the vast history …
Why And How To Compensate Exonerees,
2016
University of Michigan Law School
Why And How To Compensate Exonerees, Erik Encarnacion
Michigan Law Review First Impressions
How can we bring greater uniformity to exoneree compensation in a principled and just way? This paper argues that answering this question becomes easier once we identify the principles of justice that best justify and explain compensation statutes. In particular, commentators have assumed incorrectly that the goal of compensating exonerees should be understood primarily in terms of corrective justice, which posits a duty to undo or repair wrongfully inflicted harms. This paper argues, by contrast, that restitutionary justice, which forces parties to relinquish unjust gains, better justifies and explains compensation statutes. The unjust gains at issue are fair wages withheld …
Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States,
2016
George Mason University
Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak
University of Michigan Journal of Law Reform
This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States,
2016
University of Arkansas School of Law
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Michigan Journal of Gender & Law
Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines,
2016
Lewis & Clark Law School
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Animal Law Review
This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …
Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds,
2016
University of the District of Columbia David A Clarke School of Law
Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint
Journal Articles
No abstract provided.
Search Incident To Probable Cause?: The Intersection Of Rawlings And Knowles,
2016
University of Michigan Law School
Search Incident To Probable Cause?: The Intersection Of Rawlings And Knowles, Marissa Perry
Michigan Law Review
The search incident to arrest exception authorizes an officer to search an arrestee’s person and his or her area of immediate control. This exception is based on two historical justifications: officer safety and evidence preservation. While much of search incident to arrest doctrine is settled, tension exists between two Supreme Court cases, Rawlings v. Kentucky and Knowles v. Iowa, and a crucial question remains unanswered: Must an officer decide to make an arrest prior to commencing a search? In Rawlings, the Supreme Court stated that a search may precede a formal arrest if the arrest follows quickly thereafter. In Knowles, …
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?,
2016
Barry University
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
Faculty Scholarship
No abstract provided.
The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016),
2016
John Marshall Law School
The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras),
2016
University of Oklahoma College of Law
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Faculty Articles
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …
Procedural Justice And Policing: Four New Directions,
2016
Washington University School of Law
Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff
Washington University Journal of Law & Policy
This Article, by Professor Rebecca Hollander-Blumoff from Washington University School of Law in St. Louis, analyzes the concept of procedural justice within the frame of contemporary policing. Using the shooting of Michael Brown as a catalyst, Hollander-Blumoff advocates for four potential areas of future development in procedural justice: (1) the interaction between the research on self-control and procedural justice; (2) research on the tools most effective in creating positive perceptions of fairness by police; (3) the implications of treating procedural justice not as a dynamic interchange; and (4) the role of reactive devaluation as it might affect reaction to procedural …
Deconstructing The Crimeless Gender: Women's Prison Gangs,
2016
American University Washington College of Law
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Criminal Law Practitioner
No abstract provided.
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest,
2016
American University Washington College of Law
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
Ira P. Robbins* The doctrine of citizen’s arrest in the United States has been ignored for far too long. In every jurisdiction in the United States, a private person may lawfully detain another and often may even use physical force to do so. Placing such power in the hands of ordinary, untrained individuals creates the possibility that citizens will misuse or abuse the privilege, sometimes with serious consequences for both the arrestor and the arrestee. This risk is compounded by the disparate treatment of the citizen’s arrest doctrine in different jurisdictions and the ambiguities inherent in many of the doctrine’s …
"Lord Forgive Me, But He Tried To Kill Me": Proposing Solutions To The United States’ Most Vexing Racial Challenges,
2016
University of Arkansas at Little Rock William H. Bowen School of Law
"Lord Forgive Me, But He Tried To Kill Me": Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings
Law Faculty Scholarship
While great progress has been made in the United States in the past fifty years in connection with race relations, three critical issues continue to vex our nation. The United States, despite its progress, continues to struggle mightily with (a) the police killing of unarmed black men; (b) racially disproportionate mass incarceration; and (c) violent homicides of black men and boys. Nightly newscasts detail seemingly weekly killings of unarmed African American men by law enforcement officers. Mass incarceration, while plateauing in the last several years, continues to see millions of United States citizens incarcerated at rates unmatched by any other …
