All Articles tagged police

• Justice Commentaries
  May 11, 2023 EDT
  USE OF FORCE AND CRIMINALIZATION
  Terry Skolnik

  This Article argues that the two limiting principles that justify use of force—necessity and reasonableness—should equally apply to justify criminalization

• Justice Commentaries
  September 02, 2022 EDT
  A Deadly Combination: Violent Police Training, Racial Bias, and Lenient Courts
  Elizabeth Harmon

  This Note explores how law enforcement training and culture fail officers so greatly that unjustified civilian deaths are inevitable, and the fault lies with the training and culture.

• Justice Commentaries
  August 10, 2021 EDT
  QUALIFIED IMMUNITY: WHERE DO WE GO FROM HERE?
  David Crump

  This article sketches where the qualified immunity law is at present and guesses where it might be going under contemporary proposals for change.

• Justice Commentaries
  June 16, 2021 EDT
  DEFUNDING THE POLICE: PRIVATIZATION AS A VIABLE ALTERNATIVE TO TRADITIONAL POLICE REFORM
  Sakkara Turpin

  This article argues that local governments with demonstrated patterns of misconduct within their police departments should privatize their police department as an alternative approach to defunding and traditional police reform.

• General
  February 03, 2021 EDT
  JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19
  James R. Steiner-DillonElisabeth J. Ryan

  Only by updating the Jacobson doctrine to incorporate contemporary constitutional norms can the constitutional law of public health resolve the tension between individual rights and communal health.

• Justice Commentaries
  September 27, 2020 EDT
  INDEPENDENT CRITICAL INCIDENT INVESTIGATION AGENCIES: A UNIQUE FORM OF POLICE OVERSIGHT
  Richard A. Rosenthal

  This article examines and compares the statutory framework for these agencies and examines theoretical best practices in this unique area of police oversight.

• New York Appeals
  February 20, 2020 EDT
  POLICE USE OF DEADLY FORCE: REVISING JUDICIAL AND STATUTORY STANDARDS TO LIMIT UNJUSTIFIED VIOLENCE
  David J. Wukitsch

  This article examines ways to help reduce unwarranted instances of lethal force by law enforcement, examining the Fourth Amendment and New York Penal Law.

• New York Appeals
  September 13, 2019 EDT
  LET’S BE REASONABLE: WHY NEW YORK COURTS NEED TO EMBRACE THE FEDERAL STANDARD FOR ANALYZING POLICE-CIVILIAN ENCOUNTERS
  Yuval Simchi-Levi

  Under the Fourth Amendment, federal courts and many other state courts have determined that whether police officers acted lawfully hinges on whether the officers’ conduct was reasonable—plain and simple.

• Justice Commentaries
  May 28, 2019 EDT
  AN ANALYSIS OF ISSUES AT PRE-TRIAL PROCEEDINGS LEADING TO WRONGFUL CONVICTIONS IN “NO CRIME” CASES: THERE WAS NO CRIME, BUT THEY DID THE TIME
  Irina Zakirova

  This paper defines the no crime phenomenon and further explains how an accident, suicide, or a fabricated crime can be wrongly determined to be a crime before adjudication.

• Justice Commentaries
  November 08, 2017 EDT
  A MATTER OF DUE REGARD: POLICE MISCONDUCT, THE NEW YORK STATE COURTS, AND THE EMPTINESS OF THEORETICAL JUSTICE
  Felicia A. Reid

  This article argues that judicial accountability, in both civil and criminal courts, for police misconduct does not exist.

• State Constitutional Commentary
  May 08, 2017 EDT
  GONE WITH THE WIND: STATE PREEMPTIVE POWER
  Steven Ferrey

  This article analyzes how the federalist United States system of law, melded with state constitutional law, regulates and controls the siting of new renewable energy resources.

• Justice Commentaries
  December 17, 2016 EDT
  ELEPHANTS IN THE STATION HOUSE: SERIAL CRIMES, WRONGFUL CONVICTIONS, AND EXPANDING WRONGFUL CONVICTION ANALYSIS TO INCLUDE POLICE INVESTIGATION
  Marvin ZalmanMatthew Larson

  In this article the authors advocate that the study of miscarriages of justice be expanded to view the entirety of police crime investigation as a source of wrongful convictions.

• State Constitutional Commentary
  January 05, 2015 EDT
  STOPS, FRISKS, AND POLICE ENCOUNTERS: THE NEW YORK COURT OF APPEALS’S STRICT APPLICATION OF THE DE BOUR STANDARD
  Andrea A. Long

  This high court study follows the New York State Court of Appeals's application of the De Bour standard in search and seizure cases.

• Justice Commentaries
  October 16, 2014 EDT
  THE LIMITS OF DECEPTION: AN END TO THE USE OF LIES AND TRICKERY IN CUSTODIAL INTERROGATIONS TO ELICIT THE “TRUTH”?
  Dorothy Heyl

  This article argues that after People v. Thomas, police departments will need to exercise caution in conducting interrogations, and should not assume that any form of deception is permissible.

• Justice Commentaries
  June 11, 2013 EDT
  DE-NATURALIZING CRIMINAL LAW: OF PUBLIC PERCEPTIONS AND PROCEDURAL PROTECTIONS
  Benjamin Levin

  This essay challenges the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and undergird a determination of "guilt."

• Justice Commentaries
  June 11, 2013 EDT
  TAKING CONFRONTATION SERIOUSLY: DOES CRAWFORD MEAN THAT CONFESSIONS MUST BE CROSS-EXAMINED?
  Mark A. Summers

  This article focuses on the applicability of the Supreme Court‘s decision in Crawford v. Washington to one subcategory of party admissions--defendants‘ confessions--taken by police officers in the course of interrogations.

• General
  January 01, 2007 EDT
  WHAT IS A “SEARCH” WITHIN THE MEANING OF THE FOURTH AMENDMENT?
  Thomas K. Clancy

  This article proposes that any intrusion with the purpose of obtaining physical evidence or information, either by a technological device or the use of the senses, is a search.