Law Enforcement and Corrections Commons^™

Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson

Indiana Law Journal

This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. cities may employ, so as to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago: in order to gauge the uniformity, as well as the relative cost effectiveness, of the parking ticket appeals process. The Article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the …

Pilot Testing The Daily Activities List For Inmates (Dali): Item Evaluation And Content Validity, Philip R. Magaletta, Rokas Perskaudas, Christina J. Connors, Marc W. Patry, Jarrod Reisweber

United States Department of Justice: Publications

Scheduling enjoyable daily activities is a Cognitive Behavioral Therapy intervention used in the treatment of depression and substance abuse disorders that are prevalent disorders among inmates. To effectively use this intervention with inmates, an activities list with items ecologically sensitive to the correctional setting needs to be created. The purpose of this study was to develop and evaluate items; thus, establishing a content valid Daily Activities List for Inmates (DALI). Fifteen corrections professionals representing a wide range of disciplines and managerial backgrounds served as subject matter experts (SMEs). Each SME evaluated 403 daily activity items that were aggregated from 4 …

Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion​, Andrew Kuntz

Center for the Advancement of Public Integrity (Inactive)

Law enforcement abuse their discretion by providing favorable treatment to individuals that demonstrate a relationship to the law enforcement community. Private organizations affiliated with law enforcement have capitalized on this by creating association cards which are distributed by members to friends, family members, and others. Card holders present the card during encounters with law enforcement to signal that they have a relationship with law enforcement, with the expectation that they will receive favorable treatment. Though the cards have no formal authority behind them, strong norms in the law enforcement community punish officers that fail to honor them. Because the cards …

Transformative Change At Rikers Island And Beyond: The Department Of Investigation’S Campaign To Clean Up The Nyc Department Of Correction, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Since 2014, Commissioner Mark G. Peters has led the New York City Department of Investigation (DOI) in a wide-ranging campaign to root out fraud, waste, and abuse in the Department of Correction (DOC), focusing primarily on problems in the areas of DOC leadership and the city jails on Rikers Island. This heightened scrutiny came in response to revelations of widespread abuse in New York City’s jails–especially on Rikers Island. As a result of DOI’s efforts, over three dozen correction officers and other DOC staff have been arrested since 2014, and DOC top leadership has been replaced. As recently as February …

The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Quelling The Silver Tsunami: Compassionate Release Of Elderly Offenders, Jalila Jefferson-Bullock

Law Faculty Publications

No abstract provided.

[Review Of The Book Automating Inequality: How High-Tech Tools Profile, Police, And Punish The Poor By V. Eubanks], Dawn Betts-Green

STEMPS Faculty Publications

(First paragraph) With technological ubiquity and improvements comes the misguided notion that automated systems are more objective and less prone to error than the human element. While this may be true with calculations, when it comes to decisions involving the multilayered human experience, it becomes abundantly clear that this is not universally true. Increasingly, there has been a push for higher levels of automation and decreasing human involvement in the provision of government services such as Social Security, veterans’ benefits, and welfare. Automation provides a way to slash payroll spending and, ostensibly, improve services by making them more objective, and, …

A Response To When Police Kill, Stephen Rushin

Faculty Publications & Other Works

No abstract provided.

Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski

Faculty Publications & Other Works

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.

At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.

These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …

Interrogation Parity, Stephen Rushin, Kate Levine

Faculty Publications & Other Works

This Article addresses the special interrogation protections afforded exclusively to the police when they are questioned about misconduct. In approximately twenty states, police officers suspected of misconduct are shielded by statutory Law Enforcement Officer Bills of Rights. These statutes frequently limit the tactics investigators can use during interrogations of police officers. Many of these provisions limit the manner and length of questioning, ban the use of threats or promises, require the recording of interrogations, and guarantee officers a reprieve from questioning to tend to personal necessities. These protections, which are available to police but not to ordinary criminal suspects, create …

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …

What We Talk About When We Talk About Sanctuary Cities, Michael Kagan

Scholarly Works

In this Essay, Professor Michael Kagan asserts when immigrant rights advocates ask their local, state and university leaders to become "sanctuary cities," "sanctuary states," "sanctuary campuses," and so on, they carelessly hurt immigrants in places like Nevada, Texas, and Arizona. And there are a lot of immigrants in those states. People who mean to help immigrants are hurting them. He first sets out assumptions he makes about the semantics and politics of "sanctuary" debates. These assumptions include setting out the kind of actual policies that are usually under consideration when people invoke the sanctuary label, and a way of understanding …

Community Trust Building And The Elgin Police, Frank Trost

All Capstone Projects

This study focused on police and community trust and how it may be affected by one’s sense of community. The idea of sense of community has been compared to school spirit. There has been little research that examines if sense of community influences trust in their police. A quantitative study was conducted utilizing an online survey. The location was the city of Elgin, Illinois. Its purpose was to determine what level of sense of community the respondents had and what level of trust they had in the police overall and the Elgin police specifically. The study resulted in 637 respondents …

Fourth Amendment Anxiety, Kiel Brennan-Marquez, Stephen E. Henderson

Faculty Articles

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted. This change is significant. While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing. Beyond offering a careful reading of Birchfield, this Article has two goals. First, …

A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper

Scholarly Works

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men. Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …

Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell

Journal Publications

It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity – federal habeas corpus as a postconviction remedy. By looking first at the racial context of several “landmark” criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article …

Ferpa Close-Up: When Video Captures Violence And Injury, Kitty L. Cone, Richard J. Peltz-Steele

Oklahoma Law Review

No abstract provided.

United States V. Lambis: A Good Call For Cellphones, Cell-Site Simulators, And The Fourth Amendment, Kathryn E. Gardner

Oklahoma Law Review

No abstract provided.

Katz V. United States: Back To The Future?, Michael Vitiello

University of Richmond Law Review

No abstract provided.

Policing Narrative, Tal Kastner

Scholarly Works

Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower--the mobilization and prioritization of the state's power to kill--I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …