Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended,
2018
Syracuse University
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
The Scholar: St. Mary's Law Review on Race and Social Justice
The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts …
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones
Nevada Law Journal
No abstract provided.
Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre
Nevada Law Journal
No abstract provided.
Media Framing Of Wrongful Convictions,
2018
CUNY John Jay College
Media Framing Of Wrongful Convictions, Eza B. Zakirova
Student Theses
Wrongful convictions are a major issue hindering the effectiveness and legitimacy of the criminal justice system. The topic has become a focus of media attention. Among the issues raised are the contributing factors to wrongful convictions, such as false confessions, false or misleading forensic evidence, official misconduct, mistaken witness identification, and perjury or false accusations. The following study examines how media frames these contributing factors of wrongful convictions using Loseke's social constructionist framework, which is useful for deconstructing the issue’s diagnostic, motivational and prognostic frames -- that is, how media consumers assess the causes, solutions, and the reasons to act …
Transcending Through Education: Noah Kilroy, Rwu Class Of 2013 5-2018,
2018
Roger Williams University
Transcending Through Education: Noah Kilroy, Rwu Class Of 2013 5-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Qualified Immunity At Trial,
2018
Benjamin N. Cardozo School of Law
Qualified Immunity At Trial, Alexander A. Reinert
Articles
Qualified immunity doctrine is complex and important, and for many years it was assumed to have an outsize impact on civil rights cases by imposing significant barriers to success for plaintiffs. Recent empirical work has cast that assumption into doubt, at least as to the impact qualified immunity has at pretrial stages of litigation. This Essay adds to this empirical work by evaluating the impact of qualified immunity at trial, a subject that to date has not been empirically tested. The results reported here suggest that juries are rarely asked to answer questions that bear on the qualified immunity defense. …
A Case Study Of The Umpqua Community College Shooting,
2018
University of Arkansas, Fayetteville
A Case Study Of The Umpqua Community College Shooting, Timothy P. Wilson
Graduate Theses and Dissertations
The purpose of this dissertation was to examine the deadliest shooting that has happened on a community college campus. The following research questions guided this dissertation study: (1) What was the law enforcement response to the deadliest community college campus shooting in history? (2) Did previous mass shootings inform the law enforcement response to the deadliest community college campus shooting? (3) What implications for practice can be derived by studying the deadliest of these shootings? This case study utilized multiple sources of information, from official police reports, official institutional reports, archives of publications, and participant interviews from some of the …
Evaluating The Influences Of Domestic Violence Training On The Attitudes And Perceptions Of Police Recruits At The East Tennessee Regional Law Enforcement Academy,
2018
East Tennessee State University
Evaluating The Influences Of Domestic Violence Training On The Attitudes And Perceptions Of Police Recruits At The East Tennessee Regional Law Enforcement Academy, Jeffrey T. Gazzo Mr.
Electronic Theses and Dissertations
A sample of recruits attending the East Tennessee Regional Law Enforcement Academy were surveyed about attitudes relating to a variety of topics, including their perceived role as police officers, domestic violence, its victims, perpetrators, and police interactions with domestic violence. The recruits completed the survey during their first week at the academy. The recruits completed the identical survey on the last week of academy training. No significant change in attitudes were found following the completion of the Regional Law Enforcement Academy training program. Conclusively, the results of this study show that the training provided at the East Tennessee Regional Law …
Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point,
2018
Bowling Green State University
Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner
Honors Projects
This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18. …
Human Trafficking And Local Law Enforcement,
2018
Bowling Green State University
Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough
Honors Projects
“To protect our kids, we’ve given law enforcement new tools to fight human trafficking (Brett Guthrie).” Though Brett’s hopeful sentiment portrays a police force that is ready to battle the epidemic of modern day slavery, research has shown that local officers are sorely uneducated on the subject. The main focus of this paper is the link between the prevalence of human trafficking in the U.S. and the lack of local law enforcement training on the issue. The first section will be a brief overview of human trafficking, defining and discussing a few relevant details about it first. Next, I will …
Police Lineups And Eyewitness Identification,
2018
Merrimack College
Police Lineups And Eyewitness Identification, Alessandra Ricigliano
Honors Senior Capstone Projects
Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous and …
The State Of American Juvenile Justice,
2018
Elisabeth Haub School of Law at Pace University
The State Of American Juvenile Justice, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
This article will summarize the major twenty-first century state legislative and case law developments. It will also briefly note the expansion of state and local initiatives limiting the prosecution of youthful offenders, such as diversion and restorative justice programs.
The state of American juvenile justice has improved significantly in the past several years. However, the reforms are best viewed as a work in progress. Much has been accomplished, but much remains to be accomplished. Crucially, after a generation of “tough on kids” measures, we are on the road toward a true “justice” system for children.
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact,
2018
Howard University School of Law
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider
Indiana Law Journal
Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with criminal records …
Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box,
2018
Indiana University
Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English
Indiana Law Journal
Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the solution …
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality,
2018
Benjamin N. Cardozo School of Law
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Cardozo International & Comparative Law Review
The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration,
2018
Vanderbilt University Law School
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin
Vanderbilt Law School Faculty Publications
Americans increasingly recognize that "mass incarceration"-unprecedented incarceration levels well beyond those necessary to protect society- is a problem. Even among experts, however, few can persuasively explain how the phenomenon arose or what can be done to make it go away. These are the questions John Pfaff grapples with in his highly anticipated book, Locked In: The True Causes of Mass Incarceration-And How to Achieve Real Reform. The book's provocative conclusion is that "[p]rosecutors have been and remain the engines driving mass incarceration" (p. 206). As a result, he criticizes reform efforts that focus on legislators and judges and instead advocates …
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration,
2018
Vanderbilt University Law School
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin
Vanderbilt Law School Faculty Publications
For decades, legal commentators sounded the alarm about the tremendous power wielded by prosecutors. Scholars went so far as to identify uncurbed prosecutorial discretion as the primary source of the criminal justice system's many flaws. Over the past two years, however, the conversation shifted. With the emergence of a new wave of "progressive prosecutors," scholars increasingly hail broad prosecutorial discretion as a promising mechanism for criminal justice reform. The abrupt shift from decrying to embracing prosecutorial power highlights a curious void at the center of criminal justice thought. There is no widely accepted normative theory of the prosecutorial role. As …
Policing The Drinking Community: An Assessment Of The Criminal Justice Response To Drunk Driving And Alcohol Related Crashes (1985 -2014),
2018
Old Dominion University
Policing The Drinking Community: An Assessment Of The Criminal Justice Response To Drunk Driving And Alcohol Related Crashes (1985 -2014), Richard James Stringer
Sociology & Criminal Justice Theses & Dissertations
The objective of this study was to analyze the relationships among arrests, informal alcohol related social norms, and alcohol related fatal crashes in the U.S. from 1985-2014. Despite inexorable efforts to eliminate drunk driving, approximately twenty percent of the population drives after drinking (Drew, 2010). Although law enforcement arrests play a key part in policies to deter drunk driving, enforcement of DUI laws varies widely across the country (Erickson et al., 2015). However, no project has explored the relationship between structural factors related to community norms, enforcement, and automobile crashes. Thus, this project adds to the literature and understanding of …
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration,
2018
William & Mary Law School
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin
Michigan Law Review
A review of John F. Pfaff, Locked In: The True Causes of Mass Incarceration - And How to Achieve Real Reform.
Policing, Technology, And Doctrinal Assists,
2018
Brooklyn Law School
Policing, Technology, And Doctrinal Assists, Bennett Capers
Florida Law Review
Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government’s use of technology as a surveillance tool is an “insidious assault on our freedom.” That it is “nearly impossible to live today without generating thousands of records about what we watch, read, buy and do—and the government has access to them.” The message is clear. Big Brother is watching. And we should be afraid.
But the police use of technology, or what this Article terms “techno-policing,” does not have to be dystopian. This Article challenges conventional thinking and offers an …
