AuthorTitleCitationSummaryYearkey Terms in Title
William C. Heffernan , Richard W. Lovely Evaluating the Fourth Amendment Exclusionary Rule: the Problem of Police Compliance with the Law 24 University of Michigan Journal of Law Reform 311 (Winter, 1991) How accurate are police officers' beliefs about constitutional rules of search and seizure? Andgiven the beliefs officers entertain about those ruleshow often do officers engage in acts they believe to be prohibited by law? These questions address issues of central importance for the fourth amendment exclusionary rule. The purpose of the... 1991 Yes
Brent A. Rogers Florida V. Wells: the Supreme Court Bypasses an Opportunity to Protect Motorists from Abuses of Police Discretion 77 Iowa Law Review 347 (October, 1991) Thousands of motor vehicles are impounded in the United States each day for a wide variety of traffic offenses. A business executive, a vacationing family, or a suspicious looking person with a criminal record all could have their vehicles impounded for the same traffic violation. However, local police department procedures may allow the impounding; Search Snippet: ...COURT BYPASSES AN OPPORTUNITY TO PROTECT MOTORISTS FROM ABUSES OF POLICE DISCRETION Brent A. Rogers [FNa] Copyright (c) 1991 by The... 1991 Yes
Thomas A. Cinti Freedom Is Slavery : the Thought Police Have Come to America's Campuses 1 Seton Hall Constitutional Law Journal 383 (Spring, 1991) I. INTRODUCTION. 383 II. BACKGROUND. 385 III. CONTENT BASED REGULATION OF SPEECH. 388 A. Libel. 391 B. Fighting Words and Incitement to Unlawful Acts. 394 IV. SUPPORTERS OF STUDENT CONDUCT REGULATIONS. 396 A. The First Amendment Traditionalists'. 397 B. The First Amendment Revisionists'. 402 V. THE CASE FOR LIBERTY. 407 APPENDIX. 410; Search Snippet: ...Law Journal Spring, 1991 FREEDOM IS SLAVERY [FNa1] : THE THOUGHT POLICE HAVE COME TO AMERICA'S CAMPUSES Thomas A. Cinti [FNaa1] Copyright... 1991 Yes
Professor Irving Joyner Litigating Police Misconduct Claims in North Carolina 19 North Carolina Central Law Journal 113 (1991) Police misconduct actions are designed to address grievances that citizens have against police officers for violating their constitutional rights or rights secured by federal statutes. Police misconduct litigation, however, is not the simplest area of constitutional or criminal law in which to practice. There are many pitfalls which an attorney may... 1991 Yes
Emily J. Sack Police Approaches and Inquiries on the Streets of New York: the Aftermath of People V. De Bour 66 New York University Law Review 512 (May, 1991) Right now, the police have to do what they have to do . . . . Unfortunately, there are good kids who are stopped and searched. But I've heard people say: In these times, I don't mind. My child being searched and having nothing is better than me seeing him in a coffin. Instead of us yelling about the constitutional rights of the kids . . . we have... 1991 Yes
Michael Andrew Tesner Racial Paranoia as a Defense to Crimes of Violence: an Emerging Theory of Self-defense or Insanity? 11 Boston College Third World Law Journal 307 (Summer, 1991) On December 22, 1984, four black youths rode together in the rear portion of a New York City subway car. At 14th Street in Manhattan, a lone white man boarded the train and sat down on a bench in the vicinity of the four youths. As the train began moving, two of the four youths approached the lone stranger, one of them requesting that he give them... 1991  
Benjamin I. Whipple The Fourth Amendment and the Police Use of "Pain Compliance" Techniques on Nonviolent Arrestees 28 San Diego Law Review 177 (February/March, 1991) Pain compliance is a catch-all phrase used to categorize a variety of pain-inducing techniques available to officers to persuade an uncooperative arrestee to comply with their demands. For example, an officer may place his or her fingers firmly on a subject's pressure points; may insert his or her fingers in a subject's nose and pull up; may; Search Snippet: ...Review February/March, 1991 Comment THE FOURTH AMENDMENT AND THE POLICE USE OF PAIN COMPLIANCE TECHNIQUES ON NONVIOLENT ARRESTEES [FNa1] Benjamin... 1991 Yes
James M. Ulam The Hearsay Rule: Are Telephone Calls Intercepted by Police Admissible to Prove the Truth of Matters Impliedly Asserted? 11 Mississippi College Law Review 349 (Spring, 1991) Congress adopted the Federal Rules of Evidence in 1975. These rules are the culmination of a long process of work by lawyers, judges, scholars, and Congress. Federal Rule of Evidence 801 deals with hearsay which it defines as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove; Search Snippet: ...1991 Note THE HEARSAY RULE: ARE TELEPHONE CALLS INTERCEPTED BY POLICE ADMISSIBLE TO PROVE THE TRUTH OF MATTERS IMPLIEDLY ASSERTED? United... 1991 Yes
Tanya Kateri Hernandez Bias Crimes: Unconscious Racism in the Prosecution of "Racially Motivated Violence" 99 Yale Law Journal 845 (January, 1990) Within the past four years, a perceived surge of bias crimes has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of normal people on the street with very little advanced planning. This Note focuses on the... 1990  
Jon M. Ripans Michigan Department of State Police V. Sitz: Sober Reflections on How the Supreme Court Has Blurred the Law of Suspicionless Seizures 25 Georgia Law Review 199 (Fall, 1990) On May 18, 1986, the Michigan Department of State Police conducted a sobriety checkpoint in Saginaw County, Michigan, with the assistance of the local sheriff's department. Nineteen officers participated in the roadblock pursuant to guidelines that established procedures governing checkpoint operations, site selection, and publicity. All... 1990 Yes
Tracey Maclin Seeing the Constitution from the Backseat of a Police Squad Car 70 Boston University Law Review 543 (May, 1990) As an observer of the United States Supreme Court's criminal procedure docket, I often ask myself whether the Justices have a true picture of what has actually happened in a case. Did the police officer really see a bulge in the jacket as the suspect got out of his car, or did the officer simply make-up the claim to justify an illegal frisk? Was... 1990 Yes
G. Flint Taylor Municipal Liability Litigation in Police Misconduct Cases from Monroe to Praprotnik and Beyond 19 Cumberland Law Review 447 (1988/1989) At a time when the Supreme Court is about to decide several important questions concerning municipal liability, and the extension of various immunity defenses to a wide range of official defendants has become more and more common, it is particularly important to examine the present status of municipal liability under 42 U.S.C. 1983. More... 1989 Yes
Donald B. Allegro Police Tactics, Drug Trafficking, and Gang Violence: Why the No-knock Warrant Is an Idea Whose Time Has Come 64 Notre Dame Law Review 552 (1989) I won't let these people take our neighborhoods. People will probably accuse me of police harassment, but there is no other way. I won't let them win. Deputy Chief Jesse Brewer Los Angeles Police Department Since the organization of police forces in the United States, law enforcement forcement officers have accepted the threat of violence as a; Search Snippet: ...NOTRE DAME LAW REVIEW Notre Dame Law Review 1989 Note POLICE TACTICS, DRUG TRAFFICKING, AND GANG VIOLENCE: WHY THE NO-KNOCK... 1989 Yes
Gary M. Bishop Section 1983 and Domestic Violence: a Solution to the Problem of Police Officers' Inaction 30 Boston College Law Review 1357 (September, 1989) Violence against women is a serious problem in America today. Estimates of women battered yearly range from 1 million to 40 million, and a common estimate is that 1.5 million women are physically assaulted by their partner each year. Because the problem has become so prevalent, battered women must be able to rely upon the legal system to aid them.... 1989 Yes
Robert E. Worden Situational and Attitudinal Explanations of Police Behavior: a Theoretical Reappraisal and Empirical Assessment 23 Law and Society Review 667 (1989) This paper reappraises the value of situational and attitudinal variables as parts of a theory of police behavior. That situational factors affect officers' decisions to make arrests is well supported by empirical evidence; that officers' behavior is shaped by their attitudes and values is a common assumption even though it is supported only by; Search Snippet: ...on Law and the Family SITUATIONAL AND ATTITUDINAL EXPLANATIONS OF POLICE BEHAVIOR: A THEORETICAL REAPPRAISAL AND EMPIRICAL ASSESSMENT Robert E. Worden... 1989 Yes
Robert J. Sampson, Jacqueline Cohen Deterrent Effects of the Police on Crime: a Replication and Theoretical Extension 22 Law and Society Review 163 (1988) This study replicates and then extends Wilson and Boland's (1978) theory of the deterrent effect of policing on crime rates in American cities by linking it to recent thinking on control of urban disorder and incivilities (Sherman, 1986; Skogan and Maxfield, 1981). The theory posits that police departments with a legalistic style tend to generate... 1988 Yes
Daniel R. Ortiz Federalism, Reapportionment, and Incumbency: Leading the Legislature to Police Itself 4 Journal of Law & Politics 653 (Spring, 1988) The last twenty-five years have witnessed a revolution in voting rights. Before 1962, the Constitution protected minority groups from only the most obvious forms of disenfranchisement. Federal legislative efforts to ensure access to the ballot were ineffective and malapportionment claims were not even justiciable under the Constitution. Since 1962,... 1988 Yes
  Iii. Racial Discrimination on the Beat: Extending the Racial Critique to Police Conduct 101 Harvard Law Review 1494 (May, 1988) The infusion of racial bias into the criminal process is particularly troublesome at the policing stage because it is at that point that citizens first encounter the community's strongest normative commitments. The criminal law, more than any other set of legal prescriptions, expresses the community's deepest convictions as what behavior is... 1988 Yes
Norval Morris Race and Crime: What Evidence Is There That Race Influences Results in the Criminal Justice System? 72 Judicature 111 (August/September, 1988) I would like to talk about a topic that I find important, yet not much talked about. There is a problem in discussing this topic, and indeed many topics; nowadays, you can't finish framing the question before someone is giving you the answer. That disease is particularly prevalent among my colleagues who study economics and law combined, but I find... 1988  
Seth F. Kreimer Releases, Redress, and Police Misconduct: Reflections on Agreements to Waive Civil Rights Actions in Exchange for Dismissal of Criminal Charges 136 University of Pennsylvania Law Review 851 (January, 1988) For several years, the Supreme Court has echoed the emerging literature of Alternative Dispute Resolution (ADR) in encouraging disposition of legal disputes by means short of full-scale litigation. While this trend has not been without its critics, civil rights cases have been fertile fields for the growth of the Court's enthusiasm for negotiated... 1988 Yes
Peter J. Gardner Arrest and Search Powers of Special Police in Pennsylvania: Do Your Constitutional Rights Change Depending on the Officer's Uniform? 59 Temple Law Quarterly 497 (Summer, 1986) The elucidation of immediate experience is the sole justification for any thought; and the starting point for thought is the analytic observation of components of this experience. In Pennsylvania, special police, state and local police (traditional police), and private citizens may perform warrantless arrests and searches for violations of penal... 1986 Yes
Amy Eppler Battered Women and the Equal Protection Clause: Will the Constitution Help Them When the Police Won't? 95 Yale Law Journal 788 (March, 1986) Tracey Thurman's husband, Charles, abused her even after she left him. He would come to the house and attack her, or threaten to kill her. Tracey's numerous calls to the police for help were ignored. Even after Charles was put on probation for smashing the windshield of Tracey's car while she was in it, the police refused to arrest him for... 1986 Yes
Edward H. Shakin Black Police, White Society. By Stephen Leinen. New York: New York University Press. 1984. Pp. Ix, 280. $20. 83 Michigan Law Review 900 (February, 1985) Stephen Leinen's Black Police, White Society seems torn between the author's desire both to create a sociological study and to tell the story of a group of individuals with a unique perspective on society and race relationsblack officers of the New York City Police Department (NYPD). The combination works at times, but Leinen's book does suffer; Search Snippet: ...Books Relating to the Law III. Law and Society BLACK POLICE, WHITE SOCIETY. BY STEPHEN LEINEN . NEW YORK: NEW YORK UNIVERSITY... 1985 Yes
Michael L. Radelet , Glenn L. Pierce Race and Prosecutorial Discretion in Homicide Cases 19 Law and Society Review 587 This paper examines the cases of 1017 homicide defendants in Florida. Two main data sources are used: the police department's classification of the case, as found in the FBI's Supplemental Homicide Reports, and the prosecutor's classification, as determined by court records. Each data set characterizes the homicide as involving felonious... 1985  
Alan H. Zuckerman Police Officer's Entry into Room Arrestee Had Exited Immediately Prior to His Arrest Held Lawful and Weapon Seized in Room Held Admissible 57 Temple Law Quarterly 371 (Summer, 1984) Police Officer's Entry into Room Arrestee Had Exited Immediately Prior to His Arrest Held Lawful and Weapon Seized in Room Held AdmissibleIn Commonwealth v. Tann, the Supreme Court of Pennsylvania upheld the admissibility of a rifle on the ground that it lay in plain view of a police officer who entered the dark room from which the defendant had; Search Snippet: ...1984 Pennsylvania Supreme Court Review, 1983 Case Digest Criminal Procedure POLICE OFFICER'S ENTRY INTO ROOM ARRESTEE HAD EXITED IMMEDIATELY PRIOR TO... 1984 Yes
Sheri Lynn Johnson Race and the Decision to Detain a Suspect 93 Yale Law Journal 214 (December, 1983) Thirty years ago police stopped Malcolm X because he was a black man in a white neighborhood. A revolution in civil rights later, police still view race as an important factor in the decision to detain a suspect. The facts behind the recent Supreme Court case of Kolender v. Lawson are instructive: During a two-year period, Edward Lawson, a... 1983  
Ginny Looney The Unconstitutional Use of Deadly Force Against Nonviolent Fleeing Felons: Garner V. Memphis Police Department 18 Georgia Law Review 137 (Fall, 1983) A Memphis city police officer shot and killed fifteen-year-old Eugene Garner after he committed a burglary of an unoccupied house and attempted to elude capture. The police knew the suspect was young and unarmed. In shooting Garner, the officer followed a Tennessee law that authorized police to kill fleeing nonviolent felons rather than risk their... 1983 Yes
  Police Liability for Negligent Failure to Prevent Crime 94 Harvard Law Review 821 (February, 1981) In recent years the legal community has sought to encourage police respect for the constitutional rights of the citizenry through curbing overreaching police behavior. Yet, despite general concern regarding the seemingly intractable criminal violence plaguing our society, surprisingly little attention has been focused on underreaching police... 1981 Yes
  Suing the Police in Federal Court 88 Yale Law Journal 781 (March, 1979) In recent years the number of civil suits filed in federal court under 42 U.S.C. § 1983 alleging police misconduct has increased dramatically. Section 1983 grants a private right of action to redress violations of constitutional rights committed by a person acting under color of state law. Although there are, in theory, other ways of controlling... 1979 Yes
  Availability of Federal Equitable Relief Against Police Supervisory Personnel 90 Harvard Law Review 238 (November, 1976) Recurrent unlawful police behavior, particularly that directed at the poor and minority groups, is a widespread problem in law enforcement. Confronted with an apparent unwillingness on the part of municipal or police authorities to punish or prevent such misconduct, the victims of police lawlessness have turned increasingly to the federal courts... 1976 Yes
  Constitutional Law--freedom of Speech--state Police Intelligence System Focusing on Public Protesters Declared Unconstitutional 83 Harvard Law Review 935 (February, 1970) In the wake of the 1967 urban riots, New Jersey officials determined to take steps to prevent their recurrence. The state attorney general distributed to municipal and county officials a memorandum entitled Civil Disorders--The Role of Local, County and State Governments. One section of the memorandum urged local police departments to cooperate; Search Snippet: ...February, 1970 Recent Case CONSTITUTIONAL LAW--FREEDOM OF SPEECH--STATE POLICE INTELLIGENCE SYSTEM FOCUSING ON PUBLIC PROTESTERS DECLARED UNCONSTITUTIONAL Anderson v... 1970 Yes
Patrick V. Murphy Varieties of Police Behavior 83 Harvard Law Review 1943 (June, 1970) In a field conspicuously bankrupt of scholarly analysis, Varieties of Police Behavior by Harvard political scientist James Q. Wilson emerges as a valuable contribution to our understanding of the police. It represents, along with Jerome Skolnick's earlier study, Justice Without Trial (1967), one of the few really good books on the subject. Based on... 1970 Yes
  Police Discretion and the Judgment That a Crime Has Been Committed- Rape in Philadelphia 117 University of Pennsylvania Law Review 277 (December, 1968) In the administration of criminal justice, attention is usually focused on the proceedings of arrest, prosecution, conviction and sentencing. These four stages, however, all proceed on the assumption that a crime has in fact been committed. The decision that a crime has occurred, and the determination of what information will be collected in order... 1968 Yes
  Constitutional Law--due Process--intentional Four Month Delay by Police Between Alleged Offense and Arrest Was Unreasonable under the Circumstances and Denied Defendant Due Process of Law 80 Harvard Law Review 1361 (April, 1967) Woody was arrested in December 1962 for allegedly selling narcotics to an undercover police officer the previous August. The arrest was one of more than fifty resulting from the work of Officer Bush, who had spent nine months from March until December posing as an addict. Woody was convicted on Bush's uncorroborated testimony based on brief notes... 1967 Yes
  Program Budgeting for Police Departments 76 Yale Law Journal 822 (March, 1967) In Hartford, Connecticut, the residents of a large area in the center of the Negro ghetto are victims of over one-third of the daylight residential burglaries in the city. Yet during the daytime only one of Hartford's eighteen patrol cars and none of its eleven foot patrolmen is assigned to this area. Sections in the white part of town about the... 1967 Yes
  Civil Suits and Civil Rights: Recovery of Police Expenses 115 University of Pennsylvania Law Review 238 (December, 1966) The growing militancy of the Negro civil rights movement, bringing with it an increasing number of demonstrations, sit-ins and the like, has presented substantial problems in the development of state regulatory techniques. Having met with a notable lack of success controlling demonstrations through the use of criminal sanctions, there is now some... 1966 Yes
  Juvenile Delinquents: the Police, State Courts, and Individualized Justice 79 Harvard Law Review 775 (February 1, 1966) In early England children over fourteen were subject to the same criminal laws as adults. Children between seven and fourteen were presumed incapable of criminal intent, but the presumption was rebuttable. Those under seven could never be guilty of a crime because they were legally incapable of forming the necessary intent. The judge, after an; Search Snippet: ...REVIEW Harvard Law Review February 1966 Notes JUVENILE DELINQUENTS: THE POLICE, STATE COURTS, AND INDIVIDUALIZED JUSTICE [FNa1] Copyright (c) 1966 by... 1966 Yes
  The Administration of Complaints by Civilians Against the Police 77 Harvard Law Review 499 (January, 1964) In every American city, there is some system typically administered by the police department itself for processing civilian complaints against police officers. Basically, these complaint review systems encompass the reception and investigation of complaints, the determination of their validity, and the imposition of sanctions. The various local... 1964 Yes
Yale Kamisar Report and Recommendations of the Commissioners' Committee on Police Arrests for Investigation 76 Harvard Law Review 1502 (May, 1963) [A] very young Chinese emperorhad been asked by his teacher the name of some animals they met while taking a walk through the countryside. The young emperor replied, They are sheep. The Son of Heaven is perfectly right, the pedagogue said politely. I must add only that these kinds of sheep are usually called pigs. Law enforcement officials... 1963 Yes
Joseph Goldstein Police Discretion Not to Invoke the Criminal Process: Low-visibility Decisions in the Administration of Justice 69 Yale Law Journal 543 (March, 1960) Police decisions not to invoke the criminal process largely determine the outer limits of law enforcement. By such decisions, the police define the ambit of discretion throughout the process of other decisionmakers prosecutor, grand and petit jury, judge, probation officer, correction authority, and parole and pardon boards. These police; Search Snippet: ...WL 99311 YALE LAW JOURNAL Yale Law Journal March, 1960 POLICE DISCRETION NOT TO INVOKE THE CRIMINAL PROCESS: LOW-VISIBILITY DECISIONS... 1960 Yes
S. H. S. Constitutional Law-14th Amendment-police Powers-segregation Ordinance.-harris V. City of Louisville, 177 S. W. (Ky.) 472 25 Yale Law Journal 81 (November, 1915) Held, an ordinance which provided for the segregation of races in the city of Louisville, and which contained a clause providing that nothing therein should affect present vested rights, was a valid exercise of the police powers, and not contrary to the 14th amendment of the Constitution of the United States. The preservation of public health and; Search Snippet: ...Law Journal November, 1915 Recent Case CONSTITUTIONAL LAW14TH AMENDMENT POLICE POWERSSEGREGATION ORDINANCE.HARRIS V. CITY OF LOUISVILLE, 177 S... 1915 Yes
  Police Power - Extent - Statute Separating Whites and Negroes in Private Institutions of Learning 20 Harvard Law Review 74 (November, 1906) A Kentucky statute made it an offense to conduct any institution of learning in which both white and colored persons were received as pupils unless it was conducted in separate branches. Held, that the statute is valid as a reasonable exercise of the police power in so far as it prevents the attendance of members of the two races at the same time; Search Snippet: ...HARVARD LAW REVIEW Harvard Law Review November, 1906 Recent Case POLICE POWER EXTENT STATUTE SEPARATING WHITES AND NEGROES IN PRIVATE INSTITUTIONS... 1906 Yes
  Police Power; Schools for White and Colored Persons 16 Yale Law Journal 45 (November, 1906) Following the Civil war it was generally thought that the solving. of the negro question lay in the association of the colored people with the whites. A decade, however, has wrought a change in this view; public opinion, especially in the southern states, has discarded the association idea and the separation of the races is now considered the; Search Snippet: ...51473 YALE LAW JOURNAL Yale Law Journal November, 1906 Comment POLICE POWER; SCHOOLS FOR WHITE AND COLORED PERSONS Copyright © 1906 by... 1906 Yes
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