Law Enforcement and Corrections Commons^™

Moderating Effects Of Resilience And Recovery On The Stressor-Strain Relationship Among Law Enforcement Officers, Austin Hearne

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this study is to investigate the relationships between individual resilience, recovery from work, and the relationship between stressors and strains in a sample of police officers. I primarily plan to test whether individual resiliency and recovery moderates the relationship between law enforcement-related organizational and operational stressors and strains such as burnout, sleep disturbances and poor general well-being. I hypothesize that individual resiliency and recovery will both moderate the stressor-strain relationship, so that officers who exhibit higher resiliency and engage in appropriate recovery will experience less strain from the stressors of their occupation. Additionally, I hypothesize that recovery …

Can Armed Drones Halt The Trend Of Increasing Police Militarization?, Ian Thresher

Notre Dame Journal of Law, Ethics & Public Policy

Following presidential declarations of “war” on drugs and terror, domestic law enforcement agencies were saddled with difficult and dangerous new duties. They responded to the danger by becoming more dangerous themselves; increasingly adopting the training, tactics, and equipment of the United States military. This “militarization” of domestic police officers has, predictably, led to a breakdown in community policing, almost one thousand fatal shootings by police officers per year, and growing rifts between law enforcement agencies and the communities they are sworn to protect. In this essay, I examine whether police drones armed with non-deadly force might, perhaps paradoxically, help to …

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick

All Faculty Scholarship

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …

Still Handcuffing The Cops? A Review Of Fifty Years Of Empirical Evidence Of Miranda's Harmful Effects On Law Enforcement, Paul Cassell, Richard Fowles

Utah Law Faculty Scholarship

The fiftieth anniversary of Miranda v. Arizona offers a chance to assess how the decision has played out in the real world and, in particular, to determine whether it has harmed law enforcement. In this Article, we take advantage of the time since the Miranda decision—now a little more than fifty years—to see whether it has produced the predicted harmful consequences. In particular, we survey the available empirical evidence about Miranda’s effects on law enforcement. We collect confession rate data, both from the time of Miranda and since, to assess whether Miranda caused confession rates to fall. We also review …

The Rhetoric Of Inmates: Identification Processes In The San Quentin News, Alexandra Stepanov

Honors Undergraduate Theses

The intent of this thesis is to create a new heuristic for processes of identification. Currently, Burke's identification theory only accounts for his definition of successful identification. This thesis explores how Burke's initial identification theory interacts with other theories that contribute to identity formation. Specifically, Fernheimer's identification half-steps, Reynold's ethos as location theory, and Kerschbaum's commodification of difference will be used to build on Burke's theory and develop a new heuristic. The new heuristic will be applied to the San Quentin State Prison's inmate-run newspaper, the San Quentin News, to explore how inmates are utilizing rhetorical identification strategies to change …

The Criminal Justice Black Box, Samuel R. Wiseman

Scholarly Publications

"Big data "-- the collection and statistical analysis of numerous digital data points -- has transformed the commercial and policy realms, changing firms' understanding of consumer behavior and improving problems ranging from traffic congestion to drug interactions. In the criminal justice field, police now use data from widely dispersed monitoring equipment, crime databases, and statistical analysis to predict where and when crimes will occur, and police body cameras have the potential to both provide key evidence and reduce misconduct. But in many jurisdictions, digital access to basic criminal court records remains surprisingly limited, and, in contrast to the civil context, …

Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers

University of Michigan Journal of Law Reform

In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right) that corresponds to the category displayed …

Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo

University of Michigan Journal of Law Reform

A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.

Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon

Notre Dame Journal of Law, Ethics & Public Policy

The United States allows force-feeding of prisoners, regardless of their state of mind or mental health because they deem preservation of life as paramount. In the United Kingdom, a prisoner who is of a sound mind “can be allowed to starve himself to death.”1 This difference is due to the balance between the importance of preservation of life and of the right to self-determination and autonomy in medical decisions. My note will first briefly explore the history of force-feeding prisoners who are protesting for political purposes in both countries, and the relevant cases and statues that led up to the …

Keynote Address, Erwin Chemerinsky

Georgia Law Review

Michael Brown, Eric Garner, Walter Scott, Laquan McDonald,
Freddy Gray. So many others like them, who died as a result of
police abuses. It is, of course, why we are here today. We are also
here, as we have discussed throughout the day, to discuss the day
to day violations of constitutional rights by police that are endemic
across the country.
It is important to remember this is not new. Almost fifty years
ago, the National Commission on Civil Disorders, often called the
Kerner Commission, released its report, and discussed how almost
every major riot that occurred in a city …

The Grand Jury: A Shield Of A Different Sort, R. M. Cassidy, Julian A. Cook Iii

Georgia Law Review

According to the Washington Post, 991 people were shot to
death by police officers in the United States during calendar year
2015, and 957 people were fatally shot in 2016. A
disproportionate percentage of the citizens killed in these police-
civilian encounters were black. Events in Ferguson, Missouri;
Chicago, Illinois; Charlotte, North Carolina; Baton Rouge,
Louisiana; and Staten Island, New York-to name but a few
affected cities-have now exposed deep distrust between
communities of color and law enforcement. Greater transparency
is necessary to begin to heal this culture of distrust and to inform
the debate going forward about police practices …

The Problematic Prosecution Of An Asian American Police Officer: Notes From A Participant In People V. Peter Liang, Gabriel J. Chin

Georgia Law Review

Peter Liang is a former New York City Police Officer convicted
of accidentally killing a twenty-eight-year-old African-American
man, Akai Gurley in the stairwell of a Brooklyn housing project.
On the evening of Thursday, November 20, 2014, Mr. Liang was a
rookie officer, 11 months out of the police academy. He and his
partner Shaun Landau, also a rookie, were on patrol in the Louis
Pink Houses, a public housing project built by Robert Moses in
East New York, Brooklyn. They were pulling, a mandatory
overtime shift ordered because of recent shootings in the Pink

Houses. This was only their second …

Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner

Georgia Law Review

Deadly police-citizen encounters do not occur in a vacuum.
They reflect our times and our society. Since the fatal shooting of
Michael Brown in Ferguson, Missouri, the nation's attention has
been riveted on police killings. In small towns and large cities,
virtually all of the victims have been African-American. In some
cases, the fatal encounters led to riots. Large-scale investigations
by the Department of Justice's Civil Rights Division have provided
insight into some of the incidents.
Deadly police actions against citizens can be viewed as an
internal police problem,' as a symbol of larger societal challenges,
especially racism, or as …

Youth-Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig Futterman, Chaclyn Hunt, Jamie Kalven

Georgia Law Review

We write from Chicago, a city in upheaval following revelations
about the police shooting of seventeen-year-old Laquan McDonald.
In a matter of days, public debate about patterns of police abuse
and impunity, a discourse extending back to the 1960s and beyond,
has undergone a Copernican revolution. A set of propositions about
the nature of the problem, fiercely resisted for decades by public
and private interests, has been embraced by officials and the
media as axiomatic.
Perhaps the most striking expression of this sea change was the
speech Mayor Rahm Emanuel gave to the Chicago City Council on
December 9, 2015. …

Urban Policing And Public Policy-The Prosecutor's Role, Bruce Green

Georgia Law Review

No abstract provided.

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Georgia Law Review

In April of 1997, the U.S. Department of Justice (DOJ) reached
a settlement agreement with the Pittsburgh Bureau of Police
(PBP) to correct a pattern of unconstitutional misconduct.' It was
the first time the DOJ had used 42 U.S.C. § 14141 to intervene
into a local police department to correct systemic misconduct.
The statute, passed in response to the Rodney King beating,
provides the U.S. Attorney General with the power to seek
equitable relief against troubled local police departments.
As the reform process began to unfold in Pittsburgh, "problems
soon emerged." The consent decree required Pittsburgh to
improve its process …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Georgia Law Review

A movement toward police regulation by recording is
sweeping the nation. Responding to calls for
accountability, transparency and better evidence,
departments have rapidly adopted body cameras.
Recording policies require the police to record more law
enforcement encounters than ever before. But what
happens if officers do not record? This is an important,
growing area of controversy. Based on the collection
and coding of police department body camera policies,
this Article reveals widespread detection and
enforcement gaps regarding failures to record as
required. More than half of the major-city departments
in the sample have no provisions specifying
consequences for not recording …

Farmers Behind Bars: A Critical Analysis Of Prison Farm Labor In Kentucky And Beyond, Tatum Isaacs

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo

Scholarly Articles in Law Reviews & Journals

For fifty years, the core problem that gave rise to Miranda – namely, the coercive pressure of custodial interrogation – has remained largely unchanged. This article proposes bringing Miranda into the twenty-first century by developing a “Miranda App” to replace the existing, human Miranda warnings and waiver process with a digital, scripted computer program of videos, text, and comprehension assessments. The Miranda App would provide constitutionally adequate warnings, clarifying answers, contextual information, and age-appropriate instruction to suspects before interrogation. Designed by legal scholars, validated by social science experts, and tested by police, the Miranda App would address several decades of …

Resolving Civil Forfeiture Disputes, Rishi Batra

Faculty Articles

Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …