Law Enforcement and Corrections Commons^™

Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott

Public Land & Resources Law Review

No abstract provided.

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.

Immigration, Moral Panics, And Punishment: The Impact Of Media Coverage And Public Interest On Jail Incarceration, Faraneh Shamserad

Dissertations

Despite extensive empirical evidence showing that immigration does not lead to increases in crime, the purported immigration and crime link has been used to buttress increasingly punitive immigration policies over the past few decades. While previous studies have explored the role of enforcement practices for punishment, this dissertation delves into the mechanisms through which immigrants are transformed into “criminal subjects” and the consequences for punishment at the local level. By integrating moral panic theory with research on immigration, crime, and punishment, I propose that the inflammatory language surrounding immigration in media and public discourse has punitive consequences for immigrants. Moreover, …

Use Of Restrictive Housing In The Juvenile Justice System, Caleb D. Purvis, April Terry

SACAD: Scholarly Activities

In recent years, the term solitary confinement was replaced with restrictive housing (RH) as it had a less negative tone. However, the terms both represent the same process of isolating individuals in cells with nearly no contact with others. Restrictive housing has many negative effects, including, but not limited to deteriorating mental health and increased rates of recidivism. Such practices are not limited to the adult system as incarcerated youth are also subjected to various forms of restrictive housing (e.g., protective custody, disciplinary and administrative segregation). While those who oppose the use of RH call this cruel and unusual punishment, …

The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan J. Steele, Ziwei Qi

SACAD: Scholarly Activities

While the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force in their dealings with citizens. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census and LEOKA data, we examine the impact of U.S. Supreme Court jurisprudence and the restrictions that each state placed on law enforcement’s ability to use force and what constituted reasonable force within each state. We found that while the state’s population size and violent crime rate were consistently strong predictors …

Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger

History

This article is based on the presidential address presented to the Society for Historians of the Gilded Age and Progressive Era at the meeting of the Organization of American Historians in Los Angeles in 2023. Its focus is Maury Diggs and Drew Caminetti, two white men from Sacramento, California, charged with violating the Mann Act (known as the White Slave Trafficking Act) in 1913. The Gilded Age and Progressive Era obsession with white slavery, a phenomenon that has particular resonance in today’s climate, reveals the power of moral panics. Examining the steps, and missteps, that various legal, social, and political …

Reflections Of A Non-Abolitionist Admirer Of The Police Abolition Movement, Corey Stoughton

Washington and Lee Journal of Civil Rights and Social Justice

To acknowledge that the abolition movement made reform better is not to reduce the movement to that purpose. For the non-abolitionist, the end of reform is better policing. For the abolitionist, reform is at best “a strategy or tactic toward transformation,” meaning contesting and ultimately eliminating policing. These are not compatible visions. But even if the collaboration between holders of these visions is just a tactical alliance, it is a tactical alliance that is producing good results. Perhaps those good results will lay a foundation for abolition, or perhaps they will seed in abolitionists’ fertile imaginations a positive vision of …

Bivens And Beyond: Creating A Meaningful Remedy For Federal Prisoners In A Post-Boule Landscape, Hannah M. Wilk

Washington and Lee Journal of Civil Rights and Social Justice

For nearly 50 years, the Bivens action served as a vehicle to compensate individuals when their constitutional rights had been infringed on by a federal officer. Bivens actions operated as the federal equivalent of Section 1983 claims in state courts against state officers. But in June 2022, with a conservative majority in the U.S. Supreme Court, the Bivens framework was gutted by Egbert v. Boule. Boule held that if a Bivens claim is filed in a context that differs from the three previously accepted contexts (the Fourth, Fifth, and Eighth Amendments), the claim must fail, as Congress is better equipped …

Skirting The Fourth Amendment: How Law Enforcement Agencies Abuse Technology And Constitutional Exceptions To Surveille The Public, Matthew Lloyd

Washington and Lee Journal of Civil Rights and Social Justice

Existing Fourth Amendment law does not protect against law enforcement use of data gathered through the internet either by private companies who actively search their customer’s data and submit evidence of misconduct to law enforcement or from private companies who acquire the data on behalf of law enforcement. In an effort to pursue criminals, courts have permitted Fourth Amendment jurisprudence to develop in a manner that permits sweeping invasions of privacy without any probable cause through the private search doctrine or without any procedural protections through the third-party doctrine. It will require substantial judicial or legislative action to return the …

What We Pretend To Be: Codifying A Right To A Religious Advisor In The Execution Chamber, Claire R. Jenkins

William & Mary Journal of Race, Gender, and Social Justice

Over the last fifty years, the Supreme Court has moved the pendulum both toward religious accommodation and away from it. After a decade of oscillating Court decisions, multiple attempts at corrective action by Congress, and widespread social activism, the Religious Land Use and Institutionalized Person’s Act, or RLUIPA, was passed in 2000. RLUIPA was designed to fortify the rights of incarcerated persons and provide clarification to the Religious Freedom Restoration Act. As of 2024, the Supreme Court has granted certiorari in only a few RLUIPA cases—and has decided even less about the application of the law to death row inmates. …

"Silent Revolution": The Rockefeller Foundation's Invisible Influence On The Model Penal Code, Daniel Butler Friedman

Articles & Chapters

For over a hundred years, rich families have been channeling their wealth through private foundations to remake American society, but their immense impact on the law is still poorly understood. This article begins to fill that gap by studying the almost completely unknown origins of one of the most important reforms in the history of American criminal law: the Model Penal Code ("MPC"). To show how the MPC was influenced by its primary funder this article presents unpublished documents from the archives of two of the most important private organizations in American law: the American Law Institute ("ALI") and the …

Rethinking Federal Inducement Of Pretext Stops, Farhang Heydari

Vanderbilt Law School Faculty Publications

Few topics in policing have received more attention than pretextual traffic stops—traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded public trust in law enforcement. The result is a growing movement at the state and local level to roll back the widespread use of this tactic.

As promising as these developments are, most discussions of pretext stops largely omit a key player that drives the problem: the federal government. Presidents from Bush to Biden have decried …

The Need For Fentanyl-Specific Drug Education In Schools, Emma Guggenheimer

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of state legislation requiring fentanyl-specific drug education in K-12 schools to combat the escalating opioid epidemic, particularly among teenagers. It emphasizes the critical role of schools in providing comprehensive education to raise awareness about the dangers of fentanyl and prevent overdose deaths. The proposal includes mandates for fentanyl-awareness campaigns, updated curricula, and the use of tools like fentanyl test strips and naloxone in schools.

Whom Do Prosecutors Protect?, Vida Johnson

Georgetown Law Faculty Publications and Other Works

Prosecutors regard themselves as public servants who fight crime and increase community safety on behalf of their constituents. But prosecutors do not only seek to protect those they are supposed to serve. Instead, prosecutors often trade community safety, privacy, and even the constitutional rights of the general public to enlarge police power. Prosecutors routinely advocate for weaker public rights, shield police from public accountability, and fail to prosecute police when they break the law.

This Article will show how prosecutors often protect police at the expense of the public. This Article suggests a novel theory of evaluating the conduct of …

Innocence Through An Intersectional Lens: An Examination Of Women And Wrongful Convictions, Briana Paige

Sociology & Criminal Justice Theses & Dissertations

According to The National Registry of Exonerations (2022), nearly 40% of all exonerations involve a no-crime wrongful conviction. While women make up less than 10% of all exonerees, nearly 73% of exonerated women were originally convicted of crimes that never happened, compared to only 38% of exonerated men. Despite their prevalence, the topic of no crime wrongful convictions is extremely understudied in the wrongful conviction literature.

Additionally, since prior research on wrongful convictions has been primarily male centered, the likelihood that a woman’s case will be accepted to be reviewed for innocence is significantly lower than men (Free and Ruesink, …

Understanding The Role Of Adverse Childhood Experiences On Resilience In Police Officers, Wayne F. Handley

Counseling & Human Services Theses & Dissertations

Police officers are subject to a variety of stressors not only from job-related events resulting from direct or vicarious trauma exposure (Andersen & Papazoglou, 2014; Brown et al., 1999; Iversen et al., 2008) but also from family and personal concerns (Burke, 1998; Page & Jacobs, 2011), and administrative pressures originating from within their own agencies (Violanti et al., 2018; White et al., 2016). Prior to their careers as police officers, individuals may also be exposed to traumatic events early in life. Adverse Childhood Experiences (ACEs) are described as negative events related to emotional, physical, or sexual abuse or neglect, exposure …

Partners In Crisis: A Phenomenological Exploration Of Collaboration Between Crisis Intervention Team Officers And Mental Health Professionals, Jessica L. Huffman

Counseling & Human Services Theses & Dissertations

Law enforcement officers (LEOs) are often the first responders to crisis situations, which increasingly include mental health crises. Collaborating with mental health professionals and organizations increases the likelihood that individuals will receive a response that is contextually and culturally informed by an understanding of mental health needs and considerations. For this reason, Crisis Intervention Teams (CIT) have been established to train LEOs and to unite efforts with mental health professionals, advocates, and community constituents. While there is existing and ongoing literature exploring the responses provided by CIT, there is limited research on the experiences of CITs related to their unique …

The Shadow Of The Law Of The Police, Adam A. Davidson

Michigan Law Review

A review of Shielded: How the Police Became Untouchable. By Joanna Schwartz.

What Is A Prison?, Grace Y. Li

Michigan Law Review

A review of The Idea of Prison Abolition. By Tommie Shelby.