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Norway's Prison System: Investigating Recidivism And Reintegration, Meagan Denny Coastal Carolina University
Norway's Prison System: Investigating Recidivism And Reintegration, Meagan Denny
Bridges: A Journal of Student Research
Recidivism rates are high in most Western countries and, as prisons in these countries become overcrowded, the resources meant to enhance reintegration of inmates into society can be inadequate or nonexistent. On the other hand, Norway has one of the lowest recidivism rates among Western nations, at approximately 20 percent. Norway also has, along with other Scandinavian countries, a unique approach to its prison system. This paper discusses the exceptionalism associated with Norway's prison system and explores the reasons behind its low recidivism rates, with a focus on the encouragement of reintegration of inmates into society. With the educational opportunities …
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs University of Florida Levin College of Law
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
UF Law Faculty Publications
Black women have a very specific history with the state and law enforcement that is not replicated among other women's communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women's interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when the police …
The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn CUNY John Jay College
The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn
After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.
Our work encompassed research on, and analyses of, the …
Psychiatric Effects Of Solitary Confinement, Washington University in St. Louis
Psychiatric Effects Of Solitary Confinement
Washington University Journal of Law & Policy
The author, Dr. Grassian, is a Board Certified Psychiatrist who was on the faculty of the Harvard Medical School for over twenty-five years. He has had extensive experience in evaluating the psychiatric effects of solitary confinement, and in the course of his professional involvement, has been involved as an expert regarding the psychiatric impact of federal and state segregation and disciplinary units in many settings. The following statement is largely a redacted, non-institution and non-inmate specific, version of a declaration which was submitted in September 1993 in Madrid v. Gomez.
Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl Wilfrid Laurier University
Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl
Bridges: An Undergraduate Journal of Contemporary Connections
This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian's tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm can …
Fbi's Ten Most Wanted Fugitives: 60th Anniversary, 1950-2010, U.S. Department of Justice, Federal Bureau of Investigation Golden Gate University School of Law
Fbi's Ten Most Wanted Fugitives: 60th Anniversary, 1950-2010, U.S. Department Of Justice, Federal Bureau Of Investigation
Federal Documents
Includes a chronological listing of the FBI's "Ten most wanted fugitives" March 14, 1950-March 1, 2010.
Man'S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart University of Alabama School of Law
Man'S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Michigan Journal of Race and Law
The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …
What Constitutes An Arrest Within The Meaning Of The Fourth Amendment, Thomas K. Clancy Villanova University Charles Widger School of Law
What Constitutes An Arrest Within The Meaning Of The Fourth Amendment, Thomas K. Clancy
Villanova Law Review
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr Rutgers University
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.
Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein Case Western Reserve University
Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein
University of Michigan Journal of Law Reform
The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …
All Articles in Law Enforcement and Corrections
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An Investigation Into The Psychological Effects Of Undercover Policing, Cheyenne LS Jones 2022 Cedarville University
An Investigation Into The Psychological Effects Of Undercover Policing, Cheyenne Ls Jones
Channels: Where Disciplines Meet
Throughout history, the evolution of crime has been responded to with an evolution in crime fighting tactics. One of these tactics was undercover operations, which were developed to combat specific varieties of crime beginning with white collar crimes and government corruption. Today, undercover operations are utilized in many other ways as well, ranging from drug stings to online operations targeting sex crimes. While these developments have greatly aided and advanced justice over the years, the time has come to begin addressing the negative effects of undercover operations on the individual officers. Evidence has demonstrated over the years that undercover operations …
Keep Your Hands To Yourself! How Law Enforcement Intrusion Into Education Records Makes Campus Title Ix Courts Necessary: Why Our System Might Be Better Than Most, Jeremy S. Ribando 2022 Cleveland State University College of Law
Keep Your Hands To Yourself! How Law Enforcement Intrusion Into Education Records Makes Campus Title Ix Courts Necessary: Why Our System Might Be Better Than Most, Jeremy S. Ribando
The Global Business Law Review
Sexual harassment deprives students of equal educational opportunities, and sexual crimes on campus have been and continue to be a serious threat to student safety. Congress established Title IX and the Family Education Rights and Privacy Act (FERPA), in part, to guarantee and safeguard both student records and student safety. However, Title IX and FERPA are difficult doctrines to harmonize, and implementing them present serious challenges for University administrations. This Note explores the University's responsibility to protect students from sexual crimes and their responsibility to prosecute the perpetrators, while simultaneously protecting student records and student confidentiality. This Note also explores …
Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage 2022 Central Washington University
Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage
Student Published Works
Elements of perceived control are associated with recidivism in offender populations. We investigated the application of locus of control to the frequency of personal involvement with the law and to beliefs surrounding the likelihood of future contact with the legal system. We hypothesized that, as the number of sentencings or legal experiences increased, locus of control would externalize. We also predicted that increased legal involvement would lead to greater belief in the likelihood of future involvement. A statistically significant path model suggests that locus of control appears to be a predictor of increased criminality, as opposed to the other way …
Enhancing The Representation Of Women: How Gender Diversity Signals And Acknowledgement Affect Attraction To Men-Dominated Professions, Thomas P. DePatie, Anmol Sachdeva, Comila Shahani-Denning, Rebecca Grossman, Kevin P. Nolan 2022 Hofstra University
Enhancing The Representation Of Women: How Gender Diversity Signals And Acknowledgement Affect Attraction To Men-Dominated Professions, Thomas P. Depatie, Anmol Sachdeva, Comila Shahani-Denning, Rebecca Grossman, Kevin P. Nolan
Personnel Assessment and Decisions
While organizations around the world recognize the importance of gender diversity and inclusion, many struggle to reach gender parity (Sneader & Yee, 2020). Particularly, women account for less than 15% of all sworn police officers (Donohue Jr, 2020). Considering signaling theory and novel research in organizational impression management, we examined the utility of various recruitment messaging techniques for attracting women job seekers to professions dominated by men, at both a consulting firm and law enforcement agency. Women evaluating consulting firm materials perceived greater behavioral integrity and were subsequently more attracted to the organization if recruitment messages included both high gender …
Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel 2022 Hogan Assessment Systems
Using Workplace Personality To Guide Improvement Of Law Enforcement Selection, Chase A. Winterberg, Michael A. Tapia, Bradley J. Brummel
Recurrent police-public conflict suggests misalignment in desired police behavior between police and the public. We explored differences in desired police characteristics between police and members of the American public. Although racial minorities endorsed more negative attitudes of police overall, we found no meaningful differences in desired police characteristics between police and the public or between racial minority and majority participants. Second, we combined multiple criterion-related validation studies in similar jobs via meta-analyses and synthetic validity analyses to identify personality predictors of police performance dimensions. Third, we assessed base rates and adverse impact of these personality characteristics in police. Incumbent officers …
Why Do The Police Reject Counseling? An Examination Of Necessary Changes To Police Subculture., Noel Otu, Ntiense E. Otu 2022 The University of Texas Rio Grande Valley
Why Do The Police Reject Counseling? An Examination Of Necessary Changes To Police Subculture., Noel Otu, Ntiense E. Otu
Journal of Health Ethics
This paper reviews the concept of police subculture and examines its role in the management and acceptance of treatment for stress-related injury. In particular, we examine the impact of stigma that attaches to treatment within this subculture. The persistence of the dominant police subculture remains a significant obstacle to officers seeking treatment for stress-related illnesses. The subculture has historically resisted acknowledging the need for treatment in response to the occupational and/or organizational stress-related injury that results from frequent exposure to work-related trauma. Many police administrators are still embedded within and resist changes to the subculture, which results in an …
Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba 2022 Texas A&M University School of Law
Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba
Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.
This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …
High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell 2022 Washington and Lee University School of Law
High Time For Change: The Legalization Of Marijuana And Its Impact On Warrantless Roadside Motor Vehicle Searches, Molly E. O'Connell
Washington and Lee Law Review Online
The proliferation of marijuana legalization has changed the relationship between driving and marijuana use. While impaired driving remains illegal, marijuana use that does not result in impairment is not a bar to operating a motor vehicle. Scientists have yet to find a reliable way for law enforcement officers to make this distinction. In the marijuana impairment context, there is not a scientifically proven equivalent to the Blood Alcohol Content standard nor are there reliable roadside assessments. This scientific and technological void has problematic consequences for marijuana users that get behind the wheel and find themselves suspected of impaired driving. Without …
The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim 2022 Fordham University School of Law
The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim
Fordham Law Review
Although perjury is a criminal offense in all states and a felony in many, law enforcement may routinely lie to suspects during interrogations. This widespread, judicially authorized practice consists of interrogators making false promises of leniency that the suspect will receive a lighter sentence in exchange for a confession, and making misrepresentations about the evidence against the suspect. Police deception in interrogations becomes even more problematic when used against juvenile suspects because the psychological vulnerability of minors may lead them to succumb to deceptive pressures and even to falsely confess.
This Note explores the debate surrounding the use of police …
Sentencing After Stash Houses: Addressing Manipulation Of The Federal Sentencing Guidelines, Elizabeth Foy Gudgel 2022 Fordham University School of Law
Sentencing After Stash Houses: Addressing Manipulation Of The Federal Sentencing Guidelines, Elizabeth Foy Gudgel
In the realm of undercover work, law enforcement has broad discretion to define the contours of a criminal offense. Due to quantity-based provisions in the Federal Sentencing Guidelines, federal agents or their informants may coerce an individual into a higher sentencing range by escalating their behavior to align with mandatory minimums or quantifiable offense levels. Because this type of offense is police-initiated, law enforcement has discretion to select the individuals subject to these tactics and influence their eventual sentences. The defenses of sentencing entrapment and sentencing manipulation are meant to combat this discretion. However, these defenses are rarely invoked successfully …
Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky 2022 Hebrew University of Jerusalem
Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender the full brunt of the sanction. Thus, each of two offenders who jointly steal $1,000, will be subject to the full corresponding penalty (rather than the divided penalty for stealing $500).
This Article demonstrates that in property and financial crimes, the no-division regime of criminal law harms …
Green Crimes In The Empire State: Analyzing The Criminal Enforcement Of Environmental Law In New York, Joshua Ozymy, Melissa Jarrell Ozymy 2022 University of Tennessee at Chattanooga
Green Crimes In The Empire State: Analyzing The Criminal Enforcement Of Environmental Law In New York, Joshua Ozymy, Melissa Jarrell Ozymy
Pace Environmental Law Review
Ensuring compliance with federal and state environmental laws and deterring future offenses can require the application of criminal enforcement tools. Yet we have a limited understanding of how the criminal enforcement of environmental laws has progressed historically in The Empire State. To explore this phenomenon, we undertake content analysis of federal prosecution summaries for all environmental crime prosecutions stemming from U.S. Environmental Protection Agency criminal investigations from 1983 to 2019. We explore which federal environmental laws were violated, determine which charging statutes were used, analyze sentencing patterns, and illustrate the broader themes that emerge in such prosecutions over 37 years. …
Decarceration's Inside Partners, Seema Tahir Saifee 2022 University of Pennsylvania Carey Law School
Decarceration's Inside Partners, Seema Tahir Saifee
This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important—and sometimes extraordinary—strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies generated inside the walls to pursue decarceral strategies outside the walls. Despite this outside use of inside moves, legal scholarship has directed little attention to theorizing the potential of looking to people on the inside as partners in the long-term project of meaningfully reducing prison populations, or "decarceration."
Building on the change-making agency and revolutionary ideation inside …
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia'S Death Penalty, Bernadette M. Donovan 2022 Washington and Lee University School of Law
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia'S Death Penalty, Bernadette M. Donovan
Washington and Lee Journal of Civil Rights and Social Justice
Virginia's abolition of the death penalty in 2021 was a historic development. As both a southern state and one of the country's most active death penalty jurisdictions, Virginia's transition away from capital punishment represented an important shift in the national landscape. This article considers whether that shift has any constitutional significance, focusing on the effect of Virginia's abolition on the geographical arbitrariness of the country's death penalty.
As a starting point, the death penalty in America is primarily regulated by the Eighth Amendment, which bars "cruel and unusual punishments." The United States Supreme Court has held that the death penalty …
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey 2022 Washington and Lee University School of Law
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey
In July 2020, the New York Times published an article on a Department of Justice report detailing the systematic abuse of incarcerated individuals by prison guards within the State of Alabama's Department of Corrections. This report evidences the challenges faced by incarcerated individuals seeking to vindicate their Eighth Amendment rights. In a legal sense, those individuals who turn to the court system for relief face an almost insurmountable burden of proof. This Note begins by surveying the history of excessive force claims under the Fourth, Eighth, and Fourteenth Amendments, as well as deliberate indifference claims under the Eighth and Fourteenth …
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle 2022 Cornell Law School
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle
Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court's decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state, …
Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman 2022 University of Pennsylvania Carey Law School
Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman
Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one's conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent's being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to …
Police Vehicle Searches And Racial Profiling: An Empirical Study, Griffin Edwards, Stephen Rushin 2022 University of Alabama at Birmingham
Police Vehicle Searches And Racial Profiling: An Empirical Study, Griffin Edwards, Stephen Rushin
In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a smaller number of extenuating circumstances. This series of cases became a flash point for the broader debate about the regulation of policing. Law enforcement groups argued that administratively complex rules, like those established in Gant, risk officer safety. …
Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School of Law 2022 Georgetown University Law Center
Abolition, And A Mule: Guest Lecturer In Race And The Foundations Of American Law Course 09-28-2022, Paul Butler, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
The Legal Value Of The Judicial Principles Issued By The Courts Of Law In Civil Cases: Analytical Study In Light Of Recent Legislative Amendments In The Uae, Dr. Bakr A.F. Al-Serhan 2022 Associate Professor of Private Law College of Law - University of Sharjah
The Legal Value Of The Judicial Principles Issued By The Courts Of Law In Civil Cases: Analytical Study In Light Of Recent Legislative Amendments In The Uae, Dr. Bakr A.F. Al-Serhan
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
This study deals with an important issue, which is the legal value of the judicial principles issued by the High Courts of Law within the UAE judicial system. This very important issue is connected to the rights of litigants. The study is conducted within the civil part of the litigation process. Two main laws are illustrated in this study, which are both the UAE Federal Civil Procedures Law, according to the amendment made to it in 2018, and the UAE Federal Law Regulating the judicial relations between federal and local judicial authorities, which was recently enacted. Both laws added new …
Georgetown University Law Center
University of Baltimore Law
Jeffrey Fagan Columbia Law School
Dorothy Roberts University of Pennsylvania Carey Law School
Michelle Jacobs University of Florida Levin College of Law
Paul Robinson University of Pennsylvania Carey Law School
F. Redburn George Washington University
Bruce Western Harvard University
Jeremy Travis CUNY John Jay College
Samuel Gross University of Michigan Law School
Jamie Lee Kuhl Wilfrid Laurier University
John Bessler University of Baltimore School of Law
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