Law Enforcement and Corrections Commons^™

It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey

Washington and Lee Journal of Civil Rights and Social Justice

In July 2020, the New York Times published an article on a Department of Justice report detailing the systematic abuse of incarcerated individuals by prison guards within the State of Alabama’s Department of Corrections. This report evidences the challenges faced by incarcerated individuals seeking to vindicate their Eighth Amendment rights. In a legal sense, those individuals who turn to the court system for relief face an almost insurmountable burden of proof. This Note begins by surveying the history of excessive force claims under the Fourth, Eighth, and Fourteenth Amendments, as well as deliberate indifference claims under the Eighth and Fourteenth …

Policing The Police: Personnel Management And Police Misconduct, Max Schanzenbach

Vanderbilt Law Review

Police misconduct is at the top of the public policy agenda, but there is surprisingly little understanding of how police personnel management policies affect police misconduct. Police-civilian interactions in large jurisdictions are, in principle at least, highly regulated. But these regulations are at least partially counteracted by union contracts and civil service regulations that constrain discipline and other personnel decisions, thereby limiting a city’s ability to manage its police force. This Essay analyzes police personnel management by bringing forth evidence from a variety of data sources on police personnel practices as well as integrating an existing, but relatively siloed, literature …

Police Vehicle Searches And Racial Profiling: An Empirical Study, Griffin Edwards, Stephen Rushin

Fordham Law Review

In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a smaller number of extenuating circumstances. This series of cases became a flash point for the broader debate about the regulation of policing. Law enforcement groups argued that administratively complex rules, like those established in Gant, risk officer safety. …

Defending The Less Dead: Using The Decriminalization Of Sex Work To Combat The High Incidence Of Serial Homicide Of Street-Based Sex Workers, Lauren E. Fernandez

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

Sex workers have historically represented a disproportionate percentage of all victims of serial murder. Several serial murderers in the past thirty years have evaded detection for years, taking the lives of dozens of victims, by targeting sex workers, playing off the biases of society and law enforcement, and counting on the halfhearted investigation techniques that often followed missing person reports for less valued members of society, or the “less dead.” This Note argues that the decriminalization of all aspects of sex work is the surest way to improve the safety of street-based sex workers and reduce high victimization of this …

Solitary Confinement: What The United States Can Learn From England And Norway, Markus Wieshofer

Cardozo International & Comparative Law Review

The note argues that the United States should reform its solitary confinement system by adopting key aspects from England and Norway, such as robust oversight mechanisms and a rehabilitative focus, to address the harsh conditions and negative effects of solitary confinement on inmates.

Far-Fetched Uses Of Drug Detection Dog Alerts: A Case Note On United States V. Braddy, Daniel Kaseff

Cardozo Law Review

No abstract provided.

Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Legal Value Of The Judicial Principles Issued By The Courts Of Law In Civil Cases: Analytical Study In Light Of Recent Legislative Amendments In The Uae, Dr. Bakr A.F. Al-Serhan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study deals with an important issue, which is the legal value of the judicial principles issued by the High Courts of Law within the UAE judicial system. This very important issue is connected to the rights of litigants. The study is conducted within the civil part of the litigation process. Two main laws are illustrated in this study, which are both the UAE Federal Civil Procedures Law, according to the amendment made to it in 2018, and the UAE Federal Law Regulating the judicial relations between federal and local judicial authorities, which was recently enacted. Both laws added new …

Falling Away Into Disease: Disability-Deviance Narratives In American Crime Control, Matt Saleh

St. John's Law Review

(Excerpt)

Who in society is predisposed to crime? Many of us are familiar with cultural narratives that trace criminal behavior to some cognitive defect in the perpetrator. For instance, we might recall the persistent media allusions to Adam Lanza’s Asperger Syndrome after the mass shooting at Sandy Hook Elementary School, despite evidence that individuals on the autism spectrum are, on average, not more likely, and are quite possibly less likely, to commit serious crime in their lifetime. Similarly, popular narratives about the relationship between “mental illness” and violence are pervasive, despite the broad meaning of the terminology and a deeply-misunderstood …

Race, Class, And Second Chances: The Impact Of Multiple Identities On Reentry And Reintegration, S. David Mitchell

St. John's Law Review

(Excerpt)

Race, class, and other identities directly impact the process of reentry and the successful reintegration back into society for individuals who have had prior involvement in the criminal justice system. Collectively, persons convicted of a crime face numerous legal barriers that interfere with or prevent successful reentry and reintegration back into society, such as being prevented from securing housing and obtaining employment among other collateral consequences. For many, the process of reentry and reintegration is made even more difficult because of prior discriminatory policies and practices that were based solely on demographic factors, some of which are innate or …

You Have The Right To Remain Powerless: Deprivation Of Agency By Law Enforcement And The Legal And Carceral Systems, Marco Maldonado, Michael Onah, Jennifer Merrigan

St. John's Law Review

(Excerpt)

The charges against Philadelphia Police Officer Phillip Nordo read like an episode of The Shield. The grand jury presentment, should you have the stomach for it, is closer to Law & Order: Special Victims Unit. For over twenty years, Officer Nordo groomed, sexually assaulted, and used crime reward funds to pay off vulnerable men in Philadelphia. Whether in his transport van, prison visiting rooms, or police interrogation rooms, he regularly exploited his unfettered access to and absolute control over vulnerable individuals. Though he was not convicted until 2022, the communities he stalked and preyed upon knew exactly …

The Paradox Of Salvation: Police-Perpetrated Sexual Violence Against Sex Workers In The United States, Aydan Murphy-Stanley

Student Theses

This study explores how sex workers in the United States are sexually victimized and potentially traumatized by sexual violence perpetrated by police officers, as well as the paradoxical implications of this violence. A qualitative meta-synthesis was conducted to examine and integrate qualitative literature pertaining to this phenomenon. 10 databases were used to execute the systematic literature search. Only studies that utilized qualitative methodologies, are published in peer-reviewed academic journals, and examined police-sex worker interactions were included. Data from relevant studies was analyzed according to the meta-synthesis method. Police-perpetrated sexual violence against sex workers was identified as a form of sexual …

Police Killings As Felony Murder, Guyora Binder, Ekow Yankah

Journal Articles

The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employedthe widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder—although perhaps the only murder charge available for this killing under Minnesota law—understated Chauvin’s culpability and thereby inadequately denounced his crime. They show that further opportunities to prosecute police for felony murder are quite limited. Further, a substantial minority of states impose felony murder liability for any death proximately caused by a felony, even if the actual killer was a police …

Crisis Intervention Team Training And Use Of Force On Persons With Mental Illnesses, Xavier Aguirre

Electronic Theses, Projects, and Dissertations

The criminological literature on the effects of Crisis Intervention Training (CIT) among police in handling of crisis situations involving persons with mental illness (PMI) has emerged as a critical in modern policing. This study seeks to add to the literature on policing persons with mental illness by investigating the effects of CIT training, officer characteristics, and crisis incidences in the Seattle, Washington Police Department. There are two models that is used for this study. The first model focuses on the aforementioned factors in predicting police to use force in such incidents. The second model focus on officer dispositions. The data …

The Unchosen: Procedural Fairness In Criminal Specialty Court Selection, Shanda K. Sibley

Cardozo Law Review

Specialized criminal courts were created in an effort to offer nonpunitive responses to the commission of crime. The promise of these courts was that they would remove select populations from the traditional legal system and offer them something different, and perhaps better, than mere punishment and incapacitation.

However, the current selection processes for specialized courts—in which judges and prosecutors have almost completely unfettered discretion to decide both the criteria by which potential participants will be allowed to participate and whether any individual defendant meets such criteria—perverts the notion of providing specialized services to specific populations. Instead of selecting defendants based …

Jones V. Hendrix: Brief For Habeas Scholars As Amici Curiae In Support Of Petitioner, Eve Brensike Primus

Appellate Briefs

Amici curiae are legal scholars at universities across the country with expertise in habeas corpus and criminal law. They have collectively spent decades researching, studying, teaching, and writing about the writ of habeas corpus. Amici share an interest in seeing habeas law applied in a way that ensures the just and timely adjudication of claims.

An individual is mistakenly convicted of a crime in federal court and wrongly condemned to serve a lengthy prison sentence for acts that are not actually criminal under the law. He files a timely motion challenging his sentence under 28 U.S.C. § 2255, but because …

Relationship Among Department Satisfaction, Training, And Police Behavior, Matthew Garvin

Master's Theses

The call for police reform has been sparked by incidents involving the shooting and killing of individuals by the police. Public and political scrutiny of police behavior and procedures has created a social identity of “Us Versus Them” mentality among police officers. Proactive policing strategies have diminished in response to the heightened scrutiny of police procedures and behavior, in turn, initiating a reduction in police protection and an increase in crime. While research has identified the importance of police presence, the literature does not yet answer questions regarding factors which influence police proactivity. To address the gap in understanding, this …

The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee

BYU Law Review

No abstract provided.

Categorically Caged: The Case For Extending Early Release Eligibility To Inmates With Violent Offense Convictions, Jenna M. Codignotto

St. John's Law Review

(Excerpt)

Susan Farrell faced both physical and sexual abuse from her husband before he was killed in 1989. Although Ms. Farrell maintained her innocence and urged that it was her son who killed her husband, she was convicted of first-degree murder and conspiracy charges, resulting in a life sentence without parole. After serving thirty years of her sentence at the Michigan Department of Corrections, Ms. Farrell’s tragic life met a no less tragic end. In April 2020, one month after COVID-19 was declared a pandemic, Ms. Farrell seized in her cell for forty-five minutes before dying from the virus. She …

No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli

Faculty Scholarship

No abstract provided.