Law Enforcement and Corrections Commons^™

Qualified Immunity, Sovereign Immunity, And Systemic Reform, Katherine Mims Crocker

Faculty Publications

Qualified immunity has become a central target of the movement for police reform and racial justice since George Floyd’s murder. And rightly so. Qualified immunity, which shields government officials from damages for constitutional violations even in many egregious cases, should have no place in federal law. But in critical respects, qualified immunity has become too much a focus of the conversation about constitutional-enforcement reform. The recent reappraisal offers unique opportunities to explore deeper problems and seek deeper solutions.

This Article argues that the public and policymakers should reconsider other aspects of the constitutional-tort system—especially sovereign immunity and related protections for …

Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk

Graduate Theses and Dissertations

Terrorism has been on the mind of the American people and politicians alike since the 9/11 attacks over two decades ago. In the years since, there has been a massive shift in law enforcement priorities from community-oriented policing (COP) to homeland security-oriented policing. This was especially evident in the establishment of the Department of Homeland Security (DHS) shortly after the attacks on the World Trade Center and Pentagon in 2001, which was established to aid law enforcement entities with terrorism preparedness. While prior literature has addressed a variety of factors that have contributed to terrorism preparedness, very little research has …

Exploring The Workplace Climate At Police Agencies During Civil Unrest And The Factors Influencing Officers' Participation In Black Lives Matter Protesting, Joshua R. Ruffin

Sociology & Criminal Justice Theses & Dissertations

Scholars have long documented the negative relationship between police and communities of color. While these findings are of great importance, research remains limited on how connected police officers are to social justice movements (e.g., Black Lives Matter, or BLM for short) and the purposes behind why they exist. Furthermore, many studies focusing on police officer experiences tend to examine officer experiences with protesters, with limited studies focusing on their experiences with other officers during civil unrest and on the factors that influence their participation in protest movements when off duty. To help fill this gap, this study utilized semi-structured interviews …

Lesbian Visibility And Censorship In Early Twentieth Century New York City, Aimee Clouse

Undergraduate Research Symposium Posters

On the brisk night of February 9th, 1927, New York City Police crammed the casts of two Broadway plays, one of which Edouard Bourdet's The Captive, into the back of a paddy wagon. These arrests and the legislation that enabled them were just one step taken by institutions to hide lesbians from the public. The eclectic nature of New York City in the early twentieth century fostered a growing scene of gender and sexual expression unlike anywhere else in the United States. Here, lesbians found freedom to express their sexuality and explore a growing subculture.

Keeping Guns In The Hands Of Abusive Partners: Prosecutorial And Judicial Subversion Of Federal Firearms Laws, Bonnie Carlson

Brooklyn Law Review

State actors are imbued with the power of the government to enforce and apply the law. When they use that power to instead inhibit a law’s enforcement, they are engaging in subversion. Subversion is problematic on its face: it frustrates legislative intent, creates confusion, and destabilizes the separation of powers foundational to our democracy. But subversion is particularly insidious when it is done to the detriment of vulnerable individuals. That is the case when state prosecutors and judges purposefully undermine federal law intended to keep firearms out of the hands of abusive partners. Guns and domestic violence can be a …

Prison And Jail Civil Rights/Conditions Cases: Longitudinal Statistics, 1970-2021, Margo Schlanger

Law & Economics Working Papers

These tables relating to prison and jail civil rights litigation in federal court update prior-published versions, using data available as of April 6, 2022.

The Tables show longitudinal statistics about case filings, features, and outcomes, for jail/prison civil rights and conditions cases and for the entire federal civil docket, grouped by case category.
List of tables:
Table A: Incarcerated Population and Prison/Jail Civil Rights Filings, FY1970–FY2021
Table B: Pro Se Litigation in U.S. District Courts by Case Type, Cases Terminated Fiscal Years 1996–2021
Table C: Outcomes in Prisoner Civil Rights Cases in Federal District Court, Fiscal Years 1988–2021
Table D: …

The Necessity Of Co-Response Teams In Police Departments, Kathryn Helms

Liberty University Research Week

Graduate

Textual or Investigative

Reforming A Flawed System: Concepts For Modern Police Training, Education And Research, Bridget Gallagher

Liberty University Research Week

Undergraduate

Theoretical Proposal

The Decrease In Crime Violence And Re-Offence Rates Of Juveniles Involved In Musical Theater Arts Programs In The United States, Alexia Williams

Liberty University Research Week

Undergraduate

Theoretical Proposal

Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson

The Scholar: St. Mary's Law Review on Race and Social Justice

This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …

Rewriting Whren V. United States, Devon W. Carbado, Jonathan Feingold

Faculty Scholarship

In 1996, the U.S. Supreme Court decided Whren v. United States—a unanimous opinion in which the Court effectively constitutionalized racial profiling. Despite its enduring consequences, Whren remains good law today. This Article rewrites the opinion. We do so, in part, to demonstrate how one might incorporate racial justice concerns into Fourth Amendment jurisprudence, a body of law that has long elided and marginalized the racialized dimensions of policing. A separate aim is to reveal the “false necessity” of the Whren outcome. The fact that Whren was unanimous, and that even progressive Justices signed on, might lead one to conclude that …

Statement Of The District Task Force On Jails And Justice Before The Committee On Transportation And The Environment Of The Council Of The District Of Columbia. Budget Oversight Hearing For The District Department Of Transportation, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - 2021-2024

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Cardinal Safety Newsletter April 2022, Otterbein Police Department

Otterbein Police Department

April 2022 issue of the Otterbein University Police Department's Cardinal Safety Newsletter.

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

What Is Working To Reduce Violent Crime? Evidence-Based Solutions, Elizabeth Winchester, Timothy T. Reling, Kristina Little, Leanna Cupit, Melanie Fields, Judith F. Rhodes

Reports

The purpose of this review is to examine and evaluate current approaches to reducing violent crime. The review reports on supportive techniques, strategies, programs, and practices that are evidence-informed to combat criminal activity, delinquency, and community disorder. Ineffective techniques, strategies, and programs are also included. The review provides potential strategies and programs that require additional empirical research to show whether they work. This review includes the integration of education, employment, social services, and public health services into efforts to reduce crime and ease the burden on law enforcement and justice systems. Recommendations for reducing violent crime are included.

The Progressive Love Affair With The Carceral State, Kate Levine

Michigan Law Review

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van

Faculty Scholarship

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using 18 million traffic …

The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict

Washington and Lee Law Review

Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.

Courts rarely, if ever, examine FRT’s role in establishing …

Policing, Masculinities, And Judicial Acknowledgment, Nicholas J. Prendergast

Vanderbilt Law Review

In the 1980s, the Supreme Court held that courts must consider the “totality of the circumstances” when deciding the reasonableness of a police officer’s conduct in an excessive force suit. To this day, the precise meaning of “reasonableness” remains elusive. For years, courts around the country have struggled to articulate what police conduct should and—equally as saliently— should not be considered during reasonableness determinations. Thus far, the Supreme Court has been unwilling to substantively clarify its reasonableness doctrine. This lack of clarity has led to an untenable patchwork of differing legal frameworks throughout the United States.

This issue exists in …