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Safety & Risk Management News, Otterbein University 2019 Otterbein University

Safety & Risk Management News, Otterbein University

Otterbein Police Department

No abstract provided.


Straight To Video: America’S Inmates Deprived Of A Lifeline Through Video-Only Visits, Alexandre Bou-Rhodes 2019 Boston College Law School

Straight To Video: America’S Inmates Deprived Of A Lifeline Through Video-Only Visits, Alexandre Bou-Rhodes

Boston College Law Review

The ability of inmates in the United States to visit with loved ones is often severely limited by correctional officials, and the courts have been reluctant to intervene. Recently, those officials have begun to replace in-person visitation with video visitation. This Note argues that such a transition will be harmful for inmates, correctional institutions, and the communities many of them eventually return to. It also suggests possible jurisprudential, legislative, and regulatory interventions to curtail the replacement of in-person visitation.


A Meaningful Opportunity For Release: Graham And Miller Applied To De Facto Sentences Of Life Without Parole For Juvenile Offenders, Anton Tikhomirov 2019 Boston College Law School

A Meaningful Opportunity For Release: Graham And Miller Applied To De Facto Sentences Of Life Without Parole For Juvenile Offenders, Anton Tikhomirov

Boston College Law Review

Following the Supreme Court’s 2012 decision in Miller v. Alabama, that sentences of life without parole for non-incorrigible offenders who committed their crimes before the age of eighteen were unconstitutional, state and federal courts were left confused as to the decision’s parameters. In April 2018, the Third Circuit Court of Appeals, in Grant v. United States, ruled that a term of years sentence that exceeded the life expectancy of an offender who committed a crime as a juvenile constituted de facto life without parole, and was unconstitutional under Miller. This decision was in accordance with decisions by the ...


United States V. Arpaio: The Judicial Limit On The President’S Pardon Power, Alicia Villanueva 2019 Golden Gate University School of Law

United States V. Arpaio: The Judicial Limit On The President’S Pardon Power, Alicia Villanueva

Golden Gate University Law Review

Article II of the United States Constitution grants the President unlimited authority to pardon. Specifically, the President “shall have power to grant reprieves and pardons for offences against the United States (“U.S.”), except in cases of impeachment.” Once a pardon is issued, it must be accepted by the pardoned individual for the pardon to take effect. On August 25, 2017, President Donald J. Trump pardoned Sheriff Arpaio of a conviction for contempt of court. The prior month, the District Court for the District of Arizona (“district court”) had convicted Sheriff Arpaio of criminal contempt of court for intentionally failing ...


The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown 2019 Liberty University

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which ...


Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller III 2019 Special Counsel's Office

Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller Iii

U.S. Department of Justice Publications and Materials

EXECUTIVE SUMMARY TO VOLUME I

RUSSIAN SOCIAL MEDIA CAMPAIGN

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation- a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Y evgeniy Prigozhin and companies he controlled. Pri ozhin is widel re orted to have ties to Russian President Vladimir Putin [redacted]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [redacted]

The IRA later used social ...


Public Or Private? The Split Over First Amendment Protection Of Union Speech By Public Employees, Meredith McCaffrey 2019 Boston College Law School

Public Or Private? The Split Over First Amendment Protection Of Union Speech By Public Employees, Meredith Mccaffrey

Boston College Law Review

On May 16, 2018, the Second Circuit held, in Montero v. City of Yonkers, that a police officer who criticized other officers at a union meeting and then sued for retaliation in the wake of his remarks spoke “as a private citizen” and was therefore protected by the First Amendment. However, the Second Circuit limited its ruling by refusing to adopt a per se rule that any person who speaks as a union member speaks “as a private citizen” and is therefore protected from retaliation by the First Amendment. By specifically refusing to adopt a per se rule on union ...


Hour Late On Your Bail, Spend The Weekend In Jail: Substantive Due Process And Pretrial Detention, Coleman Gay 2019 Boston College Law School

Hour Late On Your Bail, Spend The Weekend In Jail: Substantive Due Process And Pretrial Detention, Coleman Gay

Boston College Law Review

On March 9, 2018, the United States Court of Appeals for the Tenth Circuit held, in Dawson v. Board of County Commissioners of Jefferson County, that the right to be free from pretrial detention absent a determination of guilt is not a fundamental right. Rather, the court held, it is a non-fundamental liberty interest. In so doing, the Tenth Circuit split with the United States Court of Appeals for the Ninth Circuit, which had held that the right is fundamental. The Tenth Circuit also diverged from the Ninth Circuit in its application of a test to determine whether the government ...


The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola 2019 Elisabeth Haub School of Law at Pace University

The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola

Pace Law Review

The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially ...


George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram 2019 High Point University

George Washington’S Attorneys: The Political Selection Of United States Attorneys At The Founding, Scott Ingram

Pace Law Review

This Article examines the relationship between the Nation’s first President and the selection of United States Attorneys. It argues that politics played an important, if not primary, role in the President’s selections. George Washington sought those who would represent the government’s interests, adhere to the government’s policies, and advance Washington’s political goals. His selections also demonstrated Washington’s requirement of loyalty to America. In this respect, the politicization of United States Attorneys occurred at the outset. Part I of this Article defines politicization and identifies its four aspects. Part II describes the United States Attorney ...


Stress Reduction: Mindful Mandalas, Olivia Parrott, Carolyn Gillespie, Krystal Klag, Eleke Bonsi, Jenn Smith 2019 Olivet Nazarene University

Stress Reduction: Mindful Mandalas, Olivia Parrott, Carolyn Gillespie, Krystal Klag, Eleke Bonsi, Jenn Smith

Scholar Week 2016 - present

Mental Health is an ever-increasing topic of discussion in several sectors of today’s society. One career, law enforcement, seems to correlate job-related responsibilities with rising numbers in post-traumatic stress disorder, depression, and anxiety. A group of nursing students from Olivet Nazarene University sought to incorporate their understanding of stressors associated with the helping profession of law enforcement while researching cost-effective, evidence-based, self-care methods that have a proven ability to reduce signs of depression and anxiety. One such method is the practice of mindfulness.

Mindfulness must be understood fundamentally before it may be useful in practice in reducing the effects ...


Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal 2019 Brandman University

Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal

Dissertations

Purpose: The purpose of this qualitative phenomenological study was to describe citizen perceptions of the impact of community policing in 2 selected, ethnically diverse, low-income communities that have national safety ratings between 0% and 25%. The study explored the 8 pillars of community policing: partnerships, problem solving, procedural fairness, proscribed scope, protection, professionalism, purpose, and principles and their impact on citizens’ perception of their local law enforcement agencies.

Methodology: The study was qualitative with a phenomenological approach to research.

Findings: Findings from this study revealed that examination of study participant interviews, observations, and artifacts resulted in 22 themes and 689 ...


Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher 2019 Michigan State University College of Law

Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher

Michigan Law Review

Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.


The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports 2019 Penn State Law at University Park

The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports

University of Michigan Journal of Law Reform

For decades, the United States Supreme Court opinions articulating the standard of exigency necessary to trigger the exigent circumstances exception to the Fourth Amendment’s warrant requirement have been maddeningly opaque and confusing. Some cases require probable cause, others call for reasonable suspicion, and still, others use undefined and unhelpful terms such as “reasonable to believe” in describing how exigent the situation must be to permit the police to proceed without a warrant. Not surprisingly, the conflicting signals coming from the Supreme Court have led to disagreement in the lower courts.

To resolve this conflict and provide guidance to law ...


Tort Justice Reform, Paul David Stern 2019 United States Department of Justice

Tort Justice Reform, Paul David Stern

University of Michigan Journal of Law Reform

This Article calls for a comprehensive reform of public tort law with respect to law enforcement conduct. It articulates an effective and equitable remedial regime that reconciles the aspirational goals of public tort law with the practical realities of devising payment and disciplinary procedures that are responsive to tort settlements and judgments. This proposed statutory scheme seeks to deter law enforcement misconduct without disincentivizing prudent officers from performing their duties or overburdening them with extensive litigation. Rather than lamenting the dissolution of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics or the insurmountability of qualified immunity, reform ...


U.S. Citizens Detained And Deported? A Test Of The Great Writ's Reach In Protecting Due Process Rights In Removal Proceedings, Caroline Holliday 2019 Boston College Law School

U.S. Citizens Detained And Deported? A Test Of The Great Writ's Reach In Protecting Due Process Rights In Removal Proceedings, Caroline Holliday

Boston College Law Review

Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit’s 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to U.S. citizenship need not exhaust administrative remedies before the claim could be subject to judicial review. With its decision in Gonzalez-Alarcon, the Tenth Circuit joined the majority of circuits that have ruled on this issue and asserted the right of such an individual to ...


Is The Exclusionary Rule A Prohibition-Era Relic?, Thomas M. Hardiman, Lauren Gailey 2019 United States Court of Appeals for the Third Circuit

Is The Exclusionary Rule A Prohibition-Era Relic?, Thomas M. Hardiman, Lauren Gailey

Michigan Law Review

Review of Wesley M. Oliver's The Prohibition Era and Policing: A Legacy of Misregulation.


How Was That Reasonable? The Misguided Development Of Qualified Immunity And Excessive Force By Law Enforcement Officers, Marcus R. Nemeth 2019 Boston College Law School

How Was That Reasonable? The Misguided Development Of Qualified Immunity And Excessive Force By Law Enforcement Officers, Marcus R. Nemeth

Boston College Law Review

Under the qualified immunity doctrine, current policy shields law enforcement officers who utilize excessive force against ordinary American citizens. As a result, police departments and enforcement officers lack incentives to change their behavior, leaving victims and grieving families powerless in the face of an unforgiving legal doctrine that provides little to no justice. This Note explores the creation and development of the qualified immunity doctrine within the policing context and argues that its near-impossible and unjust standards have been problematically overextended and drastically need reform by the Supreme Court. The countless lives lost at the hands of those who are ...


Pay Up Or Else: Immigration Bond And How A Small Procedural Change Could Liberate Immigrant Detainees, Jeremy Pepper 2019 Boston College Law School

Pay Up Or Else: Immigration Bond And How A Small Procedural Change Could Liberate Immigrant Detainees, Jeremy Pepper

Boston College Law Review

On any given day, thousands of immigrants are detained while they await their day in court. While there are procedures in place that would allow them to be released on bond, many immigrants who are granted bond remain detained due to their inability to pay. This is partially because immigration judges are not required to consider an immigrant’s financial situation when setting bond. A recent decision from the Ninth Circuit requires immigration judges to consider an immigrant’s financial situation when setting bond. This decision has both policy and legal merit and could result in the liberation of thousands ...


Size Matters: Force And Size Disparity In Cases Of Aggravated Sexual Abuse, Janine Hanrahan 2019 Boston College Law School

Size Matters: Force And Size Disparity In Cases Of Aggravated Sexual Abuse, Janine Hanrahan

Boston College Law Review

In 2018, the Third Circuit Court of Appeals affirmed a jury’s finding that a corrections officer deprived a female inmate of her civil rights through his commission of aggravated sexual abuse. Following the Seventh Circuit Court of Appeals while splitting with the Fifth, Eighth, and Tenth Circuit Courts of Appeals, the Third Circuit held that size and coercive power disparities between a defendant and a victim do not speak to the force element of the federal aggravated sexual abuse statute, 18 U.S.C. § 2241(a). Although the Third Circuit takes a balanced approach, its adoption of the Seventh ...


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