scholarly journals Criminalizing Migration

Daedalus ◽  
2021 ◽  
Vol 150 (2) ◽  
pp. 106-119
Author(s):  
César Cuauhtémoc García Hernández
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Justice System ◽  
Criminal Activity ◽  
The United States ◽  
Outer Edge ◽  
Public Attention ◽  
Donald Trump ◽  
Federal Laws ◽  
Laws And Policies

Abstract Beginning in the 1980s, the United States embarked on a decades-long restructuring of federal laws criminalizing migration and increasing the consequences for migrants engaging in criminal activity. Today, the results are clear: a law enforcement apparatus and immigration prison system propelled by a vast infrastructure of laws and policies. The presidency of Donald Trump augmented this trend and brought it to public attention. But lost in President Trump's unique flair is an ideological commitment shared by multiple presidential administrations and legislators from both major political parties to use the criminal justice system and imprisonment to sift migrants. Examining these ideological attachments reveals Trump-era policies to be the outer edge of decades-long trends rather than extreme and momentary deviations from the norm.

scholarly journals The ethical dangers and merits of predictive policing

2017 ◽  
Vol 2 (1) ◽  
pp. 13 ◽  
Author(s):  
Moish Kutnowski
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Criminal Activity ◽  
The United States ◽  
Community Safety ◽  
Ethical Considerations ◽  
Policy Makers ◽  
Predictive Policing ◽  
Traditional Sense ◽  
Potential Opportunity

Predictive policing is an emerging law enforcement technique that uses data and statistical analysis to aid in the identification of criminal activity. Its intention is to proactively reduce crime by providing police forces with likely areas of high risk variables. While this is a noble pursuit, every new tool must be accompanied by the ethical considerations of its potential consequences. Predictive policing is still in its infancy, borne from crime analysis and big data; however, the Western criminal justice system in the traditional sense is a reactive institution with a diverse history. The use of predictive policing presents a new challenge for law enforcement in that it allows for a divergence from the distinct reality of modern policing. Using the United States as an example of the dangers and flaws of predictive policing as a discretionary tool used to justify questionable processes and biases, this paper will analyze the potential opportunity that predictive policing and new holistic forms of law enforcement and community safety initiatives can use in partnerships with communities and policy makers.

scholarly journals Helpful tools for criminal prosecution in domestic violence cases: Some ideas from the United States of America

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 67-71
Author(s):  
Katie Zoglin
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Support Services ◽  
Justice System ◽  
The United States ◽  
Criminal Prosecution ◽  
Restraining Orders ◽  
Care Workers ◽  
Victim Support

In this paper author presents three instruments that have been proven helpful in domestic violence prosecutions in the United States, particularly in California: (1) laws, (2) inter-agency protocols, and (3) victim support services. Prosecutors have found that certain laws have been helpful in domestic violence prosecutions. These include restraining orders, criminal penalties for violations of restraining orders, and evidence code provisions permitting certain kinds of testimony. Second, many jurisdictions in California have drafted inter-agency protocols. The purpose of these protocols is to help law enforcement, health care workers, and social workers in gathering evidence relating to domestic violence cases. Finally, most victims are not familiar with the criminal justice system many are nervous about going to court for domestic violence cases, for a variety of reasons. As a result, many jurisdictions have established victim support services.

Insurgent safety: Theorizing alternatives to state protection

2017 ◽  
Vol 23 (1) ◽  
pp. 43-59 ◽  
Author(s):  
Meghan G McDowell
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Alternative Model ◽  
Justice System ◽  
Public Safety ◽  
The United States ◽  
Dominant Model ◽  
Police Violence ◽  
Social Good ◽  
State Protection

In the United States, public safety is embraced as an unquestioned social good. Broadly speaking, the criminal justice system is tasked with administering and maintaining public safety through the use of law enforcement, the courts, and prisons. First, through a focus on racialized police violence, this article develops a critique of the dominant model of public safety practiced in the United States—identified herein as ‘carceral safety’. Second, through an analysis of findings from the (Re)imagining Public Safety Project (RPSP), this article seeks to sketch out an alternative model and practice of safety that does not rely on banishment, policing, or mass criminalization. In contradistinction to the forms of state protection exercised under the seemingly innocuous rhetoric of ‘public safety’, RPSP participants conceptualized what I am calling ‘insurgent safety’: locally determined, anti-capitalist practices and ethics for reducing, and responding to harm.

Practical Pathology of Gunshot Wounds

2006 ◽  
Vol 130 (9) ◽  
pp. 1283-1289 ◽  
Author(s):  
J. Scott Denton ◽  
Adrienne Segovia ◽  
James A. Filkins
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Gunshot Wound ◽  
Gunshot Wounds ◽  
The United States ◽  
Medical Examiner ◽  
Manner Of Death ◽  
Entrance Wound ◽  
Practical Guidelines

Abstract Context.—Gunshot wounds are the most common cause of homicidal death in the United States. Analysis and interpretation of fatal gunshot wounds is an important and common practice among forensic pathologists. Additionally, for pathology residents, it is an integral aspect of their training during their rotations at medical examiner or coroner offices. Objective.—The correct interpretation of gunshot wounds by forensic pathologists not only provides valuable information that can assist law enforcement in their investigation but also is essential for the final determination of manner of death. Discussion of the practical, basic, and essential skills required to interpret gunshot wounds include distinguishing a classic entrance wound from an exit wound; recognizing atypical entrance and exit wounds; utilizing the features of soot and stippling patterns to differentiate among contact, close, and distant range gunshot wounds; understanding of the trauma produced by gunshot wounds; and understanding the importance of recovering and documenting/handling any projectiles recovered at autopsy. Data Sources.—This article reviews numerous standard forensic pathology textbooks and the pertinent literature to formulate practical guidelines to assist the pathologist in the performance of forensic autopsies and the investigation of gunshot wound fatalities. Conclusions.—Pathologists who perform investigations and autopsies to determine the cause and manner of death in gunshot wound cases must be aware of the implications, requirements, and pitfalls in interpretation of the injuries so that the examination fulfills its expectations to the community and the justice system.

Stop-and-Frisk Policing

Criminology ◽  
2021 ◽  
Keyword(s):  
United States ◽  
New York ◽  
Law Enforcement ◽  
Criminal Activity ◽  
Law Enforcement Officers ◽  
The United States ◽  
Class Action ◽  
Deterrent Effect ◽  
Stop And Frisk ◽  
Reasonable Suspicion

Stop and frisk is a proactive policing strategy that is widely used by police departments across the globe. In the United States, the origins of stop and frisk are rooted in the English practice of allowing night watchmen to stop and question individuals who were deemed suspicious. This ability to stop and question suspicious individuals serves two primary purposes. First, it gives law enforcement officers the ability to identify individuals who are looking to engage in criminal activity, stop those individuals, and prevent them from committing a criminal offense. Second, it may have a deterrent effect if potential offenders refrain from criminal offending because they do not want to risk being stopped. By the early 20th century, the implementation of stop and frisk in the United States varied by state. The Uniform Arrest Act, proposed in 1942, sought to standardize the practice. While several states adopted the Uniform Crime Act, which stipulated the circumstances under which a stop and frisk could occur, most states failed to do so. The practice of stop and frisk also faced constitutional challenges, with plaintiffs alleging violations of the Fourth Amendment’s prohibitions against unreasonable searches and seizures. In 1968, the US Supreme Court affirmed the constitutionality of stop and frisk. When law enforcement officers can establish reasonable suspicion, they can stop and question an individual. If there is reasonable suspicion to believe that a stopped individual possesses a weapon or poses a threat, law enforcement officers can also conduct a frisk. Stop and frisk has faced significant criticism and has been the subject of several class-action lawsuits, particularly in New York City. First, there is significant concern that nonwhite pedestrians are more likely than white pedestrians to be stopped, frisked, and subjected to the use of force. Next, stop and frisk may reduce perceptions of legitimacy and trust in law enforcement. The practice may also have adverse health consequences for those who are subjected to it or are in fear of being subjected to it. Finally, it is unclear whether stop and frisk prevents crime. It is also important to note that stop and frisk faces these same criticisms in other nations. The literature cited in this article summarizes key pieces on stop and frisk.

Local Government Dependence on Criminal Justice Revenue and Emerging Constraints

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Shannon R. Graham ◽  
Michael D. Makowsky
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Local Government ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Yield Potential ◽  
Annual Review ◽  
Publication Date ◽  
Negative Consequences

Revenue generated through the criminal justice system has become a key component of local government budgets across the United States. Although numerous restrictions exist to constrain traditional sources of revenue, only recently have legislators introduced checks on the fiscal profitability of fines, fees, forfeitures, and asset seizures. Left unrestricted, fiscal incentives have demonstrably manifested in the enforcement patterns and discretionary decisions of police. The transformation of officers into agents of revenue creation leads to increased targeting of minority populations and out-of-towners, with emphasis on arrests that yield potential property seizure, with negative consequences for both community trust and the provision of public safety. Those burdened with legal financial obligations are disproportionately poor, positioning the criminal justice system as a pointedly regressive form of taxation. We discuss the mechanisms behind criminal justice revenue generation, the consequences to law enforcement outcomes, and policies designed to reform and mitigate revenue-driven law enforcement. Expected final online publication date for the Annual Review of Criminology, Volume 4 is January 13, 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Officers' perceptions regarding the unexpected effects of body-worn cameras

2020 ◽  
Vol 43 (2) ◽  
pp. 390-402
Author(s):  
Jordan C. Pickering
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
The Impact

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.

scholarly journals Illegality and Healthcare: A Federalist Perspective

2020 ◽  
Vol 17 (01) ◽  
Author(s):  
Dennis J. Wieboldt ◽  
Laura E. Perrault
Keyword(s):  
Public Health ◽  
United States ◽  
Political Parties ◽  
Social Services ◽  
The United States ◽  
Legal Regime ◽  
Health Security ◽  
The Subject ◽  
Federal Laws ◽  
Access To Primary Care

With the contemporary rise of mass media, the historically disadvantaged status of the United States’ immigrant and undocumented populations has become increasingly well-known. Perhaps as a result thereof, both major political parties have utilized the United States’ dynamic immigration system as a scepter of justice in the nation’s ethical and political discourse. Despite the polarization that inter-party immigration controversies frequently beget, discussion of the mutually-reinforcing relationship between statutory immigration and healthcare subsidy exclusions is far more meager and thus the subject of our inquiry. Remaining cognizant of the imbricated relationship between the federal government and its state counterparts within the United States’ federalist system, we explore the economic and public health consequences of immigration and healthcare laws which deny many immigrants access to vital social services. As a product of these restrictive state and federal laws, we conclude that many immigrants not only lack meaningful access to primary care, vaccinations, and labor/environmental quality safeguards, but also that the inaccessibility of such social services has detrimental effects on the nation’s aggregate economic health and public health. In response to the deficiencies of the United States’ legal regime vís-a-vís immigration and healthcare, we offer three distinct categories of recommendations, each of which intends to support the economic success and public health security of the greater American populace.

Criminal Justice: Overview

2013 ◽  
Author(s):  
Rudolph Alexander
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
State Legislatures ◽  
The United States ◽  
System P ◽  
Essential Components ◽  
Ancient Times

The criminal justice system traces its roots to ancient times. When the 13 original colonies were formed, they brought many of the laws and legal processes from England. Traditionally, the criminal justice system is viewed as including law enforcement, judiciary, and corrections. However, state legislatures and Congress must be viewed as essential components of the criminal justice system because they pass laws that influence the other three components. A number of controversial practices and policies exist within the criminal justice system. Social work, which has had a long involvement in the criminal justice system, including spearheading the creation of the juvenile justice system in the United States, is involved in all phases of the criminal justice system.

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