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5,049 full-text articles. Page 33 of 143.

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee 2023 Pepperdine University

Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee

Journal of the National Association of Administrative Law Judiciary

While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.


What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman 2023 Villanova University Charles Widger School of Law

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Policing & The Problem Of Physical Restraint, Steven Arrigg Koh 2023 Boston University School of Law

Policing & The Problem Of Physical Restraint, Steven Arrigg Koh

Faculty Scholarship

The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …


Bond Conditions As Fourth Amendment Seizures, Rebecca Laden 2023 Benjamin N. Cardozo School of Law

Bond Conditions As Fourth Amendment Seizures, Rebecca Laden

Cardozo Law Review

No abstract provided.


The Trouble With Time Served, Kimberly Kessler Ferzan 2023 Brigham Young University Law School

The Trouble With Time Served, Kimberly Kessler Ferzan

BYU Law Review

Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …


Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire 2023 Brigham Young University Law School

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

BYU Law Review

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …


Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger 2023 University of Michigan Law School

Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger

Articles

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deafblind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling for persons with disabilities. Correctional entities must confront these challenges; the number of incarcerated persons with communication disabilities—already overrepresented in jails and prisons—continues to grow as a proportion. Federal antidiscrimination law obligates jails and …


Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves 2023 Brigham Young University Law School

Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves

BYU Law Review

No abstract provided.


Law Enforcement Leadership And Organizational Culture In A Post-2020 Society, Carlos A. Perkins 2023 Marshall University

Law Enforcement Leadership And Organizational Culture In A Post-2020 Society, Carlos A. Perkins

Theses, Dissertations and Capstones

The purpose of this qualitative pilot study was to investigate the perceptions of selected law enforcement leaders regarding the impending transition in law enforcement agencies in a post-2020 society. Specific elements of this transition investigated included recruitment, training, socialization, leadership roles/qualifications, change strategies/process, stakeholder involvement, and measures of success. Purposeful, convenience, and snowball sampling were used to select study participants. Study participants (N=21) were active sworn law enforcement leaders in a law enforcement agency in North Carolina. Participants possessed a broad range of law enforcement years of experience and/or leadership/supervisory experience at a minimum rank of lieutenant. Semi-structured interviews were …


Defunding C.O.P.S.: Conditioning Federal Funding To State And Local Law Enforcement Agencies Upon The Implementation Of A Program That Screens Its Current And Future Officers For White Supremacist Affiliations, Jerron R. Wheeler 2023 University of Maryland Francis King Carey School of Law

Defunding C.O.P.S.: Conditioning Federal Funding To State And Local Law Enforcement Agencies Upon The Implementation Of A Program That Screens Its Current And Future Officers For White Supremacist Affiliations, Jerron R. Wheeler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The 2022 Alabama Executions And The Crisis Of American Capital Punishment, Alexandra L. Klein 2023 Washington and Lee University School of Law

The 2022 Alabama Executions And The Crisis Of American Capital Punishment, Alexandra L. Klein

Scholarly Articles

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …


Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley 2023 Mitchell Hamline School of Law

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy McKiernan, Elizabeth Lanphier 2023 Washington and Lee University School of Law

(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy Mckiernan, Elizabeth Lanphier

Scholarly Articles

In this essay we reflect on our shared experiences participating in a prison philosophy program, to consider just how our philosophical activities inside prison, and our related work outside, were—or were not—“public.” Some may also wonder if all the activities we describe are instances of “philosophy.” We take it that they are, insofar as they all engage teaching or reflecting on philosophy, deploying philosophical skills (including critical thinking, writing, and argumentation), or rely on philosophical concepts, including from feminist and critical race theory and praxis. However, we also suggest ways in which this work highlights the need to further refine …


Blank Space: The Legal Gray Area Created By Police Abuse Of Copyright Law, Connor Druhan 2023 Loyola University Chicago Law School

Blank Space: The Legal Gray Area Created By Police Abuse Of Copyright Law, Connor Druhan

Loyola University Chicago Law Journal

Music, a universal language sung and heard around the world, is a powerful force for bringing people together. It is also afforded a great deal of protection under United States copyright law. As the way we listen to music has evolved throughout history, so too have the ways that laws protect the rights of musicians and entertainers. However, due to the changing technological landscape and our methods for protecting music, law enforcement officials have found a loophole at the intersection of copyright law, free speech, and the tools we use to enforce the rights of copyright holders. The Digital Millennium …


Examining The Effectiveness Of Mental Health And Law Enforcement Partnerships In California, Domonique Hualani Rood 2023 Claremont Graduate University

Examining The Effectiveness Of Mental Health And Law Enforcement Partnerships In California, Domonique Hualani Rood

CGU Theses & Dissertations

In California, many law enforcement agencies have partnered with local mental health services to manage situations that involve people with mental illness in crisis; much of the research on these programs has focused on the effectiveness and financial savings of implementing these programs (i.e. reductions in adjudications and hospitalizations). This study examined whether these programs are effectively managed mental health crises across California. This study implemented a sequential mixed methods design that used qualitative data to explain quantitative results to determine effectiveness. Quantitatively, effectiveness was defined as a reduction in injury (both in severity and frequency of injury), arrests, and …


When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar 2023 Seattle University School of Law

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …


Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters 2023 Seattle University School of Law

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …


The Laws That Regulate Police: The Wilson Center’S Policing Legislation Database, Brandon L. Garrett 2023 Duke Law School

The Laws That Regulate Police: The Wilson Center’S Policing Legislation Database, Brandon L. Garrett

Faculty Scholarship

To better understand lawmaking in response to calls for reform, the Wilson Center for Science and Justice began tracking the introduction of policing-related legislation. This report covers our database tracking policing legislation and our initial findings.


Annual Report, Fiscal Year 2023, Tennessee. Department of Correction 2023 Tennessee State Library and Archives

Annual Report, Fiscal Year 2023, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.


Sb 62 - Local Ordinances And Public Camping, Dana K. Ford, Hannah Garvin 2023 Georgia State University College of Law

Sb 62 - Local Ordinances And Public Camping, Dana K. Ford, Hannah Garvin

Georgia State University Law Review

The Act prohibits cities and counties from adopting written policies blocking the enforcement of existing bans on unauthorized public camping, generally prevents hospitals and local law enforcement from dropping off homeless individuals outside their areas of operation, and requires a performance audit of public spending on homelessness.


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