{"title":"The New Dread, Part I: The Judicial Overthrow of the Reasonableness Standard in Police Shooting Cases","authors":"Kindaka J. Sanders","doi":"10.5070/cj86157742","DOIUrl":"https://doi.org/10.5070/cj86157742","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49459202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Bandage on A Broken System: Moving Beyond Peremptory Challenges To Increase Indigenous Juror Representation In Canada","authors":"Kona Keast-O'Donovan","doi":"10.5070/cj86157755","DOIUrl":"https://doi.org/10.5070/cj86157755","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45851016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Selected Essays from the Emancipation Initiative","authors":"Emancipation Initiative","doi":"10.5070/cj86157747","DOIUrl":"https://doi.org/10.5070/cj86157747","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46199406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"We're Tired: The Exhaustion Requirement of the Prison Litigation Reform Act","authors":"Katrina M. Smith","doi":"10.5070/cj86157741","DOIUrl":"https://doi.org/10.5070/cj86157741","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45201516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Course Correction: A Proposal To Limit The Admissibility And Use of \"Course Of Investigation\" Testimony In Criminal Trials","authors":"Hugh M. Mundy","doi":"10.5070/cj86157745","DOIUrl":"https://doi.org/10.5070/cj86157745","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43901227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Unwarranted Disparity Statement: A New Tool to Reduce Disparities In Postarrest Outcomes","authors":"Aaron Gottlieb","doi":"10.5070/cj86157744","DOIUrl":"https://doi.org/10.5070/cj86157744","url":null,"abstract":"","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42944197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Badges and Incidents of Criminality","authors":"Justin Hill","doi":"10.5070/cj85154811","DOIUrl":"https://doi.org/10.5070/cj85154811","url":null,"abstract":"Author(s): Hill, Justin J. | Abstract: The United States Constitution guarantees all citizens the same basic rights and privileges; however, citizens with criminal convictions are subject to a number of regulatory restrictions on fundamental rights (such as disenfranchisement, ineligibility for public housing and benefits, employment discrimination, etc.) regardless of the seriousness of the offense. These restrictions are called collateral consequences, and they effectively relegate citizens with criminal convictions to a state of second-class citizenship. The U.S. Supreme Court has published several opinions construing Section 2 of the Thirteenth Amendment, also known as the Enabling Clause, as not only abolishing slavery but also empowering Congress to eradicate all badges and incidents of slavery. However,nthe U.S. Supreme Court has provided little guidance on what constitutes the badges and incidents of slavery, and Congress has scarcely used its authority under the Enabling Clause. The countless collateral consequences that follow criminal convictions are many of the same “badges and incidents of slavery” imposed on slaves during the institution of slavery, and Congress has the authority to eradicate them via the Enabling Clause.This Comment urges Congress to eliminate all collateral consequences that follow criminal convictions and puts forth a three-part analysis to aid courts in identifying modern badges and incidents of slavery.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48956914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Raising the Standard of Evidence for Initiating an Identification Procedure","authors":"C. McCoy, Jacqueline Katzman","doi":"10.5070/cj85154810","DOIUrl":"https://doi.org/10.5070/cj85154810","url":null,"abstract":"How do police select suspects for witnesses to identify? There is currently no standard for the quantity of evidence required before investigators can order an identification procedure. Because eyewitness misidentification continues to be the leading cause of wrongful convictions, law and policy should guide police discretion at this investigatory stage by requiring detectives to show an evidentiary basis for placing suspects in lineups, showups, or photo arrays. The American Law Institute has proposed an addition to the Model Penal Code requiring Graduate where she teaches doctoral sem-inars on criminal justice policy, criminology and the law, police, and sentenc- ing. She publishes widely in law and criminal justice journals, most recently on reforming sentencing laws for burglary (in Journal of Legislation, with Phil- ip Kopp, 2020). From 2016–2018, McCoy served as Director of Policy Analysis for the Inspector General for the New York City Police Department. She has served on several policy advisory boards, most recently on the Plea Bargaining Review Task Force of the New York City Bar Association. McCoy holds a B.A. from Hiram College (Political Science and Spanish), a J.D. from the University of Cincinnati, and a Ph.D. in Jurisprudence and Social Policy from the University of California, Berkeley. She is a member of the Ohio bar. † Jacqueline Katzman is a doctoral student at the City University of New York, Graduate Center and John Jay College, where she is dual specializing in the Psy- chology and Law and Basic and Applied Social Psychology Programs. She re-searches the way in which social psychological principles—such as attributions, impression formation, attitudes, and heuristics—affect eyewitness identification and juror decisionmaking. She has presented at conferences nationwide and received the American Psychology-Law Society’s Outstanding Student Presenta- tion Award in Spring 2020. Katzman’s work has been published by traditional outlets such as Oxford University Press as well as digital media outlets","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47390962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pandemic, Protest, and Agency: Jury Service and Equal Protection in a Future Defined by COVID-19","authors":"Patrick C. Brayer","doi":"10.5070/cj85154804","DOIUrl":"https://doi.org/10.5070/cj85154804","url":null,"abstract":"This essay calls for an expansive view of Fourteenth Amendment equal protection against the discriminatory empanelment of juries grounded upon a culture of systemic racism. For an individual juror fundamental elements of survival during a pandemic are access to health care, safe transportation, and connective technology. Yet, structural and systemic racism precludes many potential jurors of color from securing these necessary supports, thus denying them the ability to be recognized on juror source list or accommodated for jury service. Jury service is a direct and impactful act of citizen agency over the justice system, and the systemic exclusion of individuals from jury service based on race and economic status is a denial of that agency and a constitutional violation. Supreme Court rulings like Duren v. Missouri are inadequate to provide relief in the face of such violations and only provide outdated and ineffectual remedies to this mass denial of equity.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42199559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Can Police Unions Help Change American Policing?","authors":"Michelle Hatfield","doi":"10.5070/cj85154813","DOIUrl":"https://doi.org/10.5070/cj85154813","url":null,"abstract":"Author(s): Hatfield, Michelle M.K. | Abstract: Police unions are part of the problem in American policing. Could police unions also be part of the solution? This Comment begins by putting into practice the dialectic we must achieve at a societal level by detailing the ways in which police and Black Americans have been positioned to be in conflict from the seventeenth century to the present, and by discussing the formation of police unions. American society needs truth-telling about the history and present context that drives police officers into deadly conflict with Black Americans to heal, trust, and effectuate a more perfect system for public safety. This Comment wrestles with the need to understand several truths at once: that police organized into unions in part to protect the rank-and-file from managerial abuse; that the American policing system is in many ways designed and implemented against BlacknAmericans; that police unions organized in the Civil Rights Era to protect police officers from discipline for following orders; and that deep, structural change should include police unions. Less fundamental changes that leave in place the core of American policing, without examining its racist foundations and incentives toward brutality and lethal force, will not serve to bring about lasting reconciliation. This Comment reviews several ways to improve the management of police departments put forth by labor and policing scholars and suggests that the promise of such reforms could motivate participation in a truth process. The conversation about policing reform in the United States has expanded and deepened tremendously in the past year, and it continues to evolve and take on new dimensions. This Comment urges policymakers to create a truth process as part of police reform and suggests that the process be implemented via the police unions because the voices of police organizations that represent rank-and-file officers are a critical ingredient for meaningful change.","PeriodicalId":91042,"journal":{"name":"UCLA criminal justice law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46419258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}