Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, 2011 University of Cincinnati College of Law
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Faculty Articles and Other Publications
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, 2011 William & Mary Law School
Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons
Faculty Publications
Police misconduct and corruption persist in our nation's local police departments. Recognizing the organizational roots of police misconduct, Congress granted the U.S. Department of Justice (the "DOJ") the authority to seek injunctive relief to implement institutional reforms within local law enforcement agencies. While the federal government's current strategy represents a promising model for reform, the DOJ's efforts cannot reach many local police departments that require intervention. Furthermore, the local primacy of criminal-justice issues, particularly issues related to police practices, implicates important federalism concerns. Although federal intervention is appropriate to address persistent patterns of misconduct, states and local entities must play …
Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, 2011 Columbia Law School
Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street
National Security Law Program
The dramatic expansion of technology and globalization over the last thirty years has not only facilitated transnational terrorist operations, but also has transformed the countermeasures utilized by law enforcement and amplified the need for counterterrorism coordination between foreign and domestic authorities. Crucially, these changes have altered the fourth amendment calculus, set out by the international silver platter doctrine, for admitting evidence seized in U.S.-foreign cooperative searches abroad. Under the international silver platter doctrine, courts admit the evidence gathered by foreign authorities abroad unless the unreasonable search is deemed a "joint venture" between U.S. and foreign authorities. Notably, the legal framework …
Preventive Detention In American Theory And Practice, 2011 Columbia Law School
Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes
National Security Law Program
It is something of an article of faith in public and academic discourse that preventive detention runs counter to American values and law. This meme has become standard fare among human rights groups and in a great deal of legal scholarship. It treats the past nine years of extra-criminal detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. This argument further asserts that any statutory counterterrorism administrative detention regime would be a radical departure from …
Hot Crimes: A Study In Excess, 2011 University of Baltimore School of Law
Hot Crimes: A Study In Excess, Steven P. Grossman
All Faculty Scholarship
Societies appear to be subject, every now and then, to periods of moral panic. . . . [I]ts nature is presented in a stylized and stereotypical fashion by the mass media; the moral barricades are manned by editors, bishops, politicians and other right thinking people; socially accredited experts pronounce their diagnoses and solutions; ways of coping are evolved or (more often) restored to; . . . sometimes the panic passes over and is forgotten . . . at other times it has more serious and long-lasting repercussions and might produce such as those in legal and social policy or even …
Police Discretion And Local Immigration Policymaking, 2011 UNC School of Law
Police Discretion And Local Immigration Policymaking, Rick Su
Journal Articles
Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …
The Need For A Research Culture In The Forensic Sciences, 2011 Northwestern University School of Law
The Need For A Research Culture In The Forensic Sciences, Jonathan Koehler, Jennifer L. Mnookin, Simon A. Cole, Barry A.J. Fisher, Itiel E. Dror, Max Houck, Kieth Inman, David H. Kaye, Glenn Langenburg, D. Michel Risinger, Norah Rudin, Jay Siegel
Faculty Working Papers
The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts' long-standing acceptance of forensic science evidence, the relative dearth of known errors, and the skill and experience of practitioners. This Article reflects an effort made by a diverse group of participants in these debates, including law professors, academics from several disciplines, and practicing forensic scientists, to find and explore …
Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, 2011 Western Law, Western University
Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld
Law Publications
No abstract provided.
Promoting Safeguards Through Detention Visits, 2011 AmericanUniversity Washington College of Law
Promoting Safeguards Through Detention Visits, Claudio Grossman, Brenda V. Smith, Ariela Peralta, Suzanne Jabbour, Alison A. Hillman De Velasquez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, 2011 Barry University School of Law
Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer
Barry Law Review
No abstract provided.
Supporting The Florida Legal Community's Response To Graham V. Florida, 2011 Barry University School of Law
Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila
Barry Law Review
No abstract provided.
The Eleventh Circuit's Selective Assault On Sentencing Discretion, 2011 Columbia University
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
Adam Shajnfeld
Ever since the Supreme Court declared that the sentences which district courts impose on criminal defendants are to be reviewed on appeal for “unreasonableness,” the standard’s contours have remained elusive and mired in controversy, despite the Court’s repeated attempts at elucidation. In few instances is this confounding state of affairs more apparent and acute than in the Eleventh Circuit’s recent lengthy and factious en banc decision in United States v. Irey. This article explores Irey’s merits, mistakes, and lessons, trying to locate each within the broader context of the Eleventh Circuit’s sentencing jurisprudence. In doing so, the article advances three …
Reforming Adult Felony Probation To Ease Prison Overcrowding: An Overview Of California S.B. 678, 2011 Stanford University
Reforming Adult Felony Probation To Ease Prison Overcrowding: An Overview Of California S.B. 678, Jessica K. Feinstein
Jessica Feinstein
This article provides a holistic examination of California’s groundbreaking Community Corrections Performance Incentives Act, S.B. 678, passed in 2009 in response to California’s prison crisis. S.B. 678 seeks to create stable funding for county probation departments to implement evidence-based practices by shifting resources from the state prison budget to county probation. Probation is the most frequently imposed form of criminal sentence in California—nor is it limited to the least serious offenders. Estimates of the state’s adult probation population range from roughly 325,000 to 350,000. The article illuminates the goals and mechanisms of S.B. 678 and the challenges facing its implementation. …
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, 2011 Liberty University
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
Basyle Tchividjian
In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …
Spare The Rod? South Africa's Efforts Toward A Total Ban On Corporal Punishment, 2011 Loyola University Chicago, School of Law
Spare The Rod? South Africa's Efforts Toward A Total Ban On Corporal Punishment, Sarah Sallen
Public Interest Law Reporter
No abstract provided.
Victims Of Community Violence In Chicago: The Impact On Professional Responders, 2011 Loyola University Chicago, School of Law
Victims Of Community Violence In Chicago: The Impact On Professional Responders, Lee Shevell
Public Interest Law Reporter
No abstract provided.
0790: Gil Kleinknecht Collection, 1899-1973, 2011 Marshall University
0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections
Guides to Manuscript Collections
This collection includes materials from Gil Kleinknecht’s personal collection of historic West Virginia and Ohio materials related to police work. The collection also includes Huntington Police Department annual reports, relevant laws and codes, manuals,, and artifacts related to the work of policing in Huntington, West Virginia and the surrounding areas.
To view materials from this collection that are digitized and available online, search the Gil Kleinknecht Papers, 1899-1973 here.
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, 2011 University of Richmond
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park
Richmond Journal of Law and the Public Interest
"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, 2011 University of Dayton
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
School of Law Faculty Publications
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …
Less Than We Might: Meditations On Life In Prison Without Parole, 2011 New York Law School
Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker
Articles & Chapters
Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.
Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …