Law Enforcement and Corrections Commons^™

Time As A Constitutional Constraint: Resolving The Circuit Split On Prolonged Fourth Amendment, Ian Seabrooks

Washington Law Review Online

The Fourth Amendment of the U.S. Constitution states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . .” Some circuits, like the Ninth and D.C. Circuits, have interpreted the Fourth Amendment’s reasonableness standard to apply beyond just the initial seizure of property but also to include the continued retention of the seized property. Other circuits, such as the First, Second, Sixth, Seventh, and Eleventh Circuits, have read the reasonableness standard more narrowly and interpreted this requirement to pertain only to the original seizure. …

The Indelible Flaws Of Conviction Integrity Units, Sarah Gottlieb

Scholarly Articles

Conviction Integrity Units within prosecutors’ offices have doubled in number over the last 10 years. Leaders of the innocence movement initially praised these units, believing they were necessary for the future of innocence work given their unique access to discovery, and scholars hoped Conviction Integrity Units would lead prosecutors away from fighting against claims of innocence to sincere and open review of wrongful convictions. But, as Conviction Integrity Units proliferated, the question of whether prosecutors can fulfill the mandate of these offices and conduct thorough review of their colleagues’ work has received insufficient inquiry, particularly given that official misconduct continues …

“No One Can Hear You Scream”: Intimate Partner Violence And Family Justice Centers In Rural America, Jordan Stevenson

Legal Writing Competition Winners

In rural Kentucky, where cars are a necessity to traverse the rugged Appalachian Mountains and sparsely populated farmlands, “Barbara’s” abusive husband couldn’t let her get away—so he set her car aflame. Although census-defined rural areas contain only 20% of the United States population, some studies have found that intimate partner violence is more common and severe in rural areas than urban or suburban regions. 

People, especially women, in rural areas experience intimate partner violence in unique ways tied to their geographic and cultural context. Consequently, organizations, courts, and law enforcement struggle to meet the needs of affected populations in rural …

Leadership In Chaos: Law Enforcement Perspectives On Addressing The Missing Piece Of Nims, Joshua Pierce

Theses, Dissertations and Capstones

The purpose of this qualitative study was to investigate the perceptions of law enforcement leaders regarding how to address the missing piece of the National Incident Management System (NIMS): the initial, chaotic phases of large-scale incidents. Specific elements investigated included the major challenges faced by incident commanders, the necessary knowledge and skills required, effective training models, the receptivity of the law enforcement community to new and/or additional training, any perceived implications for personnel, and evidence-based guidelines and recommendations from policymakers and leaders. Purposeful, convenience, and snowball sampling were used to select study participants. Study participants (n=20) were active, sworn law …

Clemency For Justice Reform: A Restorative Pardon Proposal Using Conditional Pardons, Stephanie A. Clark

Indiana Journal of Law and Social Equality

President Donald Trump’s pardons to people convicted for the January 6, 2021 attacks on the Capitol intensified the nation’s divisiveness. They also illustrate why proper clemency must be restored and used for its intended purpose to ameliorate injustice under the law. Clemency is not meant to be a “get out of jail free card” solely for family, friends, and political supporters. It is a constitutional mechanism designed to relieve consequences out of step with a criminal offense or to salve broad public hurt. When clemency is misused, it undermines public confidence and the principle that equal opportunity should exist for …

Glorifying Khaki: Policing, Power, And Copaganda In Hindi Cinema, Stuti Shah, Jyotika Tomar

National Law School of India Review

This article adopts US civil rights advocate Alec Karakatsanis’s conceptualisation of ‘copaganda’ to analyse the commercially successful ‘Cop Universe’ directed by Rohit Shetty, situating it within a broader socio-legal analysis of contemporary policing in India. It argues that copaganda in Hindi cinema recasts police officers not only as vigilantes, but also as embodiments of Hindutva and nationalist virility and a Brahmanical patriarchal order. In doing so, these films normalise extra-legal policing, obscure the structural realities of custodial violence and impunity, and reframe state violence as both necessary and morally desirable. The article situates these cinematic narratives alongside contemporary developments in …

Prison Labor Exploitation, As Easy As “Pie”: Private Industry Exploitation Under Pie Certified Prison Work Programs, Jack Burum

Roger Williams University Law Review

No abstract provided.

Can We Close The Rhode Island Women’S Prison?, Nick Horton

Roger Williams University Law Review

No abstract provided.

Imprisoned Without A Verdict: The Constitutional Crisis Of Pre-Trial Solitary Confinement, Symone R. Gibbs

Washington and Lee Journal of Civil Rights and Social Justice

Kalief Browder’s name endures as a chilling reminder of the human cost of pre-trial solitary confinement. His story reveals the constitutional paradox and moral failure at the heart of this practice: Individuals who remain legally innocent are subjected to one of the harshest punishments the state can impose. This practice strips people of their liberty twice over, first through incarceration itself, and again through prolonged isolation that inflicts devastating psychological harm. Despite its severity, the use of solitary confinement against pre-trial detainees remains largely overlooked in legal scholarship and reform, even as it undermines the presumption of innocence, exacerbates systemic …

Rewriting The Sentence: Second Look Sentencing In Rhode Island, Carter Hazzard

Roger Williams University Law Review

No abstract provided.

State V. Roman, 335 A.3d 782 (R.I. 2025)., Kylie Rau

Roger Williams University Law Review

No abstract provided.

Incarceration As Sexualized Violence, Leigh S. Goodmark

Faculty Scholarship

Sexual violence—rape, sexual assault, strip and body cavity searches, surveillance, and reproductive abuse—is a regular occurrence in women’s prisons. Some of that violence is clearly illegal; some occupies a legally gray middle ground; and some is considered essential to the operation of the prison system. All of it, however, could violate the law if the victims were not incarcerated. Sexual violence is so pervasive within women’s prisons that incarceration can only be understood as a form of sexualized violence. Given the certainty that people incarcerated in women’s prisons will experience some form of sexual abuse, continued incarceration can only be …

Rights Retained: Constitutional Protections For Incarcerated Persons In U.S. Prisons, Alison J. Brochu, Olivia F. Johnson

Roger Williams University Law Review

No abstract provided.

Time Out: Mandatory Holds As A Tool For Domestic Violence Response & Prevention In Rhode Island, India Awe

Roger Williams University Law Review

No abstract provided.

Access Denied: The Injustice Of Plra Exhaustion, Rachel Kincaid

Marquette Law Review

Law students learn to “think like a lawyer” by studying appellate decisions that contain extensive reasoning and result from vigorous advocacy by lawyers on both sides. These well-reasoned decisions allow students to learn how to distill legal rules from judicial opinions: to focus on the rationale behind a court’s decision so that they might be able to predict how the court would deal with a different factual scenario. But this focus on extensively reasoned and argued appellate court opinions obscures the access-to-justice crisis plaguing our legal systems; most people cannot even afford to pay a lawyer to represent them, let …

Treatment Sentences, Evelyn Malavé

Faculty Publications

One of the most common mandates of a non-incarceratory sentence is to submit to treatment. Across the criminal legal system, from problem-solving courts to probation, millions of defendants sentenced to non-incarceratory sentences—including people not diagnosed with a substance abuse disorder—are required to attend drug treatment programs. After decades of policies that criminalized drug use, non-incarceratory sentences that match people with treatment may appear to be a step forward—or at least not the most pressing problem.

But criminal law scholarship has not fully reckoned with the harms of treatment sentences, including the harms of mandated treatment itself. Analysis of treatment sentences …

The Psychological Effect Of Maternal Separation From A Child During Incarceration: A Survey And Critique Of Risk Needs Assessments, Samantha Yearwood

Honors Undergraduate Theses

This study examines whether frequently used correctional assessment instruments adequately capture the psychological impacts of maternal-child separation among incarcerated women. This research was conducted in response to growing criticisms that traditional risk and needs assessments fail to account for gender-specific experiences, specifically those related to caregiving roles and pregnancy. Using a qualitative analysis content analysis to assess four widely used instruments, the Women’s Risk and Needs Assessment (WRNA), Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), Brief Symptom Inventory-18 (BSI-18), and Level of Service Inventory–Revised (LSI-R), the thesis  examines the inclusion of pregnancy-related variables, caregiving responsibilities, and separation-related psychological factors. …

Private Canvas, Government Expression: Protest Art & The Government Speech Doctrine, Melanie P. Rigden

Cardozo Arts & Entertainment Law Journal

The note argues that protest art is fundamentally incompatible with the government speech doctrine and should not be subject to its principles. It contends that applying this doctrine to political expression allows the government to suppress dissenting viewpoints and engage in censorship under the pretext of exercising its own speech rights.

Trust Is Difficult To Gain, Yet Easily Broken: The Impact Of Negative Police Encounters On Police–Community Relations, Brooke J. Pirozek

Honors College Theses

Trust between law enforcement agencies and their respective communities is arguably one of the most contentious issues within contemporary criminal justice research in the United States. This is because, despite the fact that law enforcement institutions rely significantly on the public's assistance and cooperation in fighting crime and enforcing social order, there still exist negative relations between law enforcement and their communities, mainly attributed to feelings of unfair treatment, abuse of power, and a lack of accountability. This study seeks to understand the role of negative police encounters in shaping community trust and perceptions of police legitimacy, with a special …

Bridging The Gap: Predictors Of Alignment Of Parent And Caseworker Perceptions Of Engagement, Jianchao Lai, Michelle I. Graef

Center on Children, Families, and the Law: Faculty Publications

This study examined predictors of alignment between parents’ and caseworkers’ perceptions of family engagement in child welfare services. Using data from 2,274 Alternative Response (AR)–eligible families randomized to AR or Traditional Response, engagement was assessed across the domains of Receptivity, Buy-in, Worker-family Relationship, and Mistrust using a modified Yatchmenoff (2005) scale. Multinomial logistic regression models identified factors associated with agreement and discrepancy between ratings of family engagement within the parent and worker dyad. While both parents and workers valued engagement, workers were more likely to provide higher overall engagement ratings, although the direction of discrepancy varied across specific subscales. Greater …