"Bell
v. Wolfish." Oyez. Chicago-Kent College of Law at
Illinois Tech, n.d. Sep 19, 2016. https://www.oyez.org/cases/1978/77-1829
Oyez,
a Chicago-Kent School of Law website says that the facts of the case were:
A class action lawsuit challenged the legality of
conditions facing pretrial detainees in a New York City correctional facility.
Petitioners claimed that double-bunking, restrictions on reading materials that
inmates were allowed to receive, and required cavity searches and shakedowns
amounted to punishment before conviction.
The
website then states that in the decision:
As long as administrative practices are implemented
in the genuine interest of "safeguarding institutional security" then
they do not warrant judicial scrutiny and are consistent with the Constitution.
The
other court case that was mentioned (the military case U.S. v. Dickey 1994) I
actually had a hard time finding information on, so I do not have a source. The
other “U.S. v. Dickey” cases I found were not from 1994, so I doubted they were
the same one.
“Canons of Police Ethics.” Illinois Institute of
Technology. October, 24, 2011. http://ethics.iit.edu/ecodes/node/3352
“Article
10. Presentation of Evidence
The
law enforcement officer shall be concerned equally in the prosecution of the
wrong-doer and the defense of the innocent. He shall ascertain what constitutes
evidence and shall present such evidence impartially and without malice. In so
doing, he will ignore social, political, and all other distinctions among the
persons involved, strengthening the tradition of the reliability and integrity
of an officer's word.
The
law enforcement officer shall take special pains to increase his perception and
skill of observation, mindful that in many situations his is the sole impartial
testimony to the facts of a case.”
This
is pretty self-explanatory. It is what police are supposed to be committed to.
Article 10 was discussed in the cross-examination of Detective Connie
Brueckner, and it refers to evidence collection
International Association
of Chiefs of Police. N.d. http://www.iacp.org/
This
is the website that Adam Duerk references when he is allowed to address
Brueckner once more in the trial, and discusses the language in the guidelines
on this site. Their tagline on the home page says they are “Serving the Leaders
of Today, Developing the Leaders of Tomorrow.” The IACP is a “professional
association for law enforcement worldwide” (from the About Us page). It puts
together programs and services, and also conducts research. It is an extensive
website with many resources. The page on “Police Response to Violence Against
Women” is particularly interesting.
Sommers, Marilyn Sawyer.
“Defining Patterns of Genital Injury from Sexual Assault: A Review.” Trauma,
Violence & Abuse 8.3 (2007): 270–280. PMC. Web. 20
Sept. 2016.http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3142744/
This
article is from the journal Trauma, Violence & Abuse. It is actually a
really helpful source when it comes to the literature regarding injury from
sexual assault. I decided to look up this information because of the exchange
in the courtroom between Francoeur (the nurse) and Paoli (the defense
attorney). Paoli continually questioned the evidence, and I wanted to see what I
could find about it. The above article is one that essentially questions the
validity of previous studies’ work on this topic. It is also helpful because it
looks at the legal implications of the evidence.
U.S Department of Justice.
Office on Violence Against Women. A National Protocol for Sexual Assault
Medical Forensic Examinations. April 2013. Second Edition. https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf
This
is the second edition of the medical protocol that is discussed in court. This
one was released in 2013, while the one in Missoula was released in
2004. I cannot even pretend that I read the entire resource, as the document is
extensive at 144 pages. However, in the foreword, the document lists a myriad
of possible reasons that a sexual assault victim may not want to seek medical
attention. Because of this, the authors write that it is all the more important
to make sure that medical attentions are aware of this. On page iii, the
document states: “It is our hope that this protocol will help jurisdictions in
their efforts to respond to sexual assault victims in the most competent,
compassionate, and understanding manner possible.” The second link above is the
2004 version.
Also
notable, is that in the 2004 version, the document talks about gaining consent
throughout the exam process and what different answers could mean for the legal
process. It also discusses different roles for the examiner in regards to the
legal process.
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