AuthorTitleCitationSummaryYearkey Terms in Title or Summary
Seth W. Stoughton Principled Policing: Warrior Cops and Guardian Officers 51 Wake Forest Law Review 611 (Fall, 2016) What does good policing look like? At first blush, that question may conjure up images of uniformed officers chatting with local residents, playing with laughing children while on patrol, or attending community meetings. But now consider the question in different contexts. What does good policing look like when an officer has to respond to a minor... 2016 Yes
Mary D. Fan Privacy, Public Disclosure, Police Body Cameras: Policy Splits 68 Alabama Law Review 395 (2016) 396 Introduction. 397 I. After the Revolution: Privacy and Public Disclosure Dilemmas. 405 A. The Police-Worn Body Camera Revolution. 407 B. The Clash Between Privacy and Public Disclosure. 411 1. Early-Mover States Strike Different Balances. 413 a. Nondisclosure. 413 b. Filtered Disclosure. 415 c. Camera Turn-Off and Turn-On Legislation.... 2016 Yes
Rebecca Hollander-Blumoff Procedural Justice and Policing: Four New Directions 52 Washington University Journal of Law & Policy 67 (2016) What really happened between Michael Brown, Darren Wilson, and Dorian Johnson that summer day in Ferguson? Not the shooting, but what came before-- what happened when Officer Wilson met Mr. Johnson and Mr. Brown on the street, and what might it tell us about policing and justice reform? There are two very different stories told by the two surviving... 2016 Yes
Douglas L. Colbert Prosecuting Baltimore Police Officers 16 University of Maryland Law Journal of Race, Religion, Gender and Class 185 (Fall, 2016) It is unusual to see a police officer sitting in the courtroom seat of the criminal defendant and charged with killing a person while on duty. Even when evidence supports prosecution, officers rarely face trial. Historically, American-style justice deferred to State and local custom that called for no charges filed, particularly when sheriffs and... 2016 Yes
Jelani Jefferson Exum Purpose-focused Sentencing: How Reforming Punishment Can Transform Policing 29 Journal of Civil Rights & Economic Development Dev. 1 (Fall, 2016) Today's discussions about police reform have focused on changing police training and procedures. As accounts of deaths of African-Americans at the hands of police officers have played out in the news and social media, demands for racial justice in policing have become more prevalent. To end what I have coined as the Death Penalty on the Street,... 2016 Yes
Jelani Jefferson Exum Purpose-focused Sentencing: How Reforming Punishment Can Transform Policing 29 Journal of Civil Rights & Economic Development 1 (Fall, 2016) Today's discussions about police reform have focused on changing police training and procedures. As accounts of deaths of African-Americans at the hands of police officers have played out in the news and social media, demands for racial justice in policing have become more prevalent. To end what I have coined as the Death Penalty on the Street,; Search Snippet: ...and Comment PURPOSE-FOCUSED SENTENCING: HOW REFORMING PUNISHMENT CAN TRANSFORM POLICING Jelani Jefferson Exum [FNa1] Copyright © 2016 by St. John's University... 2016 Yes
Cynthia Lee Race, Policing, and Lethal Force: Remedying Shooter Bias with Martial Arts Training 79 Law and Contemporary Problems 145 (2016) On November 24, 2015, the city of Chicago released dashboard camera video footage of the shooting of a seventeen-year-old Black male teenager named Laquan McDonald by Jason Van Dyke, a police officer with the Chicago Police Department. The video shows McDonald strolling down the street, holding a knife in his right hand by his side. McDonald does... 2016 Yes
Dawinder S. Sidhu Racial Mirroring 17 Federalist Society Review 14 (June, 2016) Note from the Editor: This article argues that attempts to engineer public work forces to match the racial makeups of the communities they serve violate the Equal Protection and cause social harm. The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we... 2016  
Robette Ann Dias Racism Creates Barriers to Effective Community Policing 40 Southern Illinois University Law Journal 501 (Spring, 2016) It is not often that I am invited as a community member to speak in an academic setting, and to have received the invitation to address something as essential as the relationship between healthy communities and law enforcement is an honor and a heavy responsibility. I am grateful to have had that opportunity and grateful for the invitation to... 2016 Yes
Jasmine Adams Reaction To: of Law and Black Lives, 50 Years Later: Race and Policing in the Aftermath of the Moynihan Report 8 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2016) The notion that history has the potential to repeat itself rings throughout Donald Tibbs' piece concerning the dynamic between race and policing in the United States. Tibbs tracks how black lives have been treated within the U.S. legal system and subsequently by police officers throughout history. In particular, Tibbs asserts two major points: (1); Search Snippet: ...REACTION TO: OF LAW AND BLACK LIVES, 50 YEARS LATER: RACE AND POLICING IN THE AFTERMATH OF THE MOYNIHAN REPORT Jasmine Adams [FNa1... 2016 Yes
Karen McDonald Henning Reasonable Police Mistakes: Fourth Amendment Claims and the "Good Faith" Exception after Heien 90 Saint John's Law Review 271 (Summer, 2016) Law enforcement officers will make mistakes: mistakes in judgment, mistakes in fact, and mistakes of law. Officers are frequently asked to make split second decisions, and sometimes those decisions are wrong. Yet, because these decisions are necessary, the United States Supreme Court has recognized that police mistakes are inevitable and, to... 2016 Yes
Kimani Paul-Emile Reconsidering Criminal Background Checks: Race, Gender, and Redemption 25 Southern California Interdisciplinary Law Journal 395 (Spring 2016) The year 2015 marked the fiftieth anniversary of the influential and highly controversial Moynihan Report, which described poor African Americans as caught in a culture of poverty and helped substantiate the myth of the welfare queen: a woman who rejects paid employment and marriage as a prerequisite for childbearing, preferring instead to... 2016  
Katie Farden Recording a New Frontier in Evidence-gathering: Police Body-worn Cameras and Privacy Doctrines in Washington State 40 Seattle University Law Review 271 (Fall, 2016) C1-2Contents Introduction. 272 I. Police Body-Worn Cameras as Both a Remedy and a Logical Next Step; Washington as a Protector of Privacy. 276 A. Body-Worn Cameras: Information-Gathering Instruments to Further Community Policing Goals. 276 B. Washington's Restrictions on New Evidence-Gathering Tools. 278 II. A Plain View of Evidence or a Plain... 2016 Yes
Barry Friedman, Cynthia Benin Stein Redefining What's "Reasonable": the Protections for Policing 84 George Washington Law Review 281 (March, 2016) How should the Constitution govern police surveillance and investigations? Once, the formal rules were clear, even if not faithfully observed: searches and seizures required probable cause and a warrant. Today, however, the Supreme Court has said that many forms of police activity need only be reasonable. But what is required to ensure that... 2016 Yes
Jessica Younan Reform Demanded by Minorities on Police's Use of Excessive Force and the U.s. Government's Resistance to Change 22 Public Interest Law Reporter 55 (Fall, 2016) Innocent until proven guilty is the legal standard utilized by our justice system. Yet, recently, the use of excessive force by law enforcement, which conflicts with this legal standard, has resurfaced disproportionately against minorities. Despite the outcries for change, the issue remains unanswered by the federal government. Police protection is... 2016 Yes
Ivana Dukanovic Reforming High-stakes Police Departments: How Federal Civil Rights Will Rebuild Constitutional Policing in America 43 Hastings Constitutional Law Quarterly 911 (Summer 2016) When eighteen-year-old Michel Brown was fatally shot by Officer Darren Wilson in Ferguson, Missouri, in August 2014, the small St. Louis suburb erupted. Brown's shooting set off weeks of racially charged protests and clashes between protestors and police, further exacerbated by the controversial decision not to indict Officer Darren Wilson.... 2016 Yes
Courtney Smith Remaining Silent While Police Get Frisky: after Salinas, Can Silence During a Terry Stop Be Used as an Admission of Guilt? 50 Valparaiso University Law Review 819 (Spring, 2016) Genovevo Salinas is at home watching a football game when there is a knock at his door. The police are outside and request to come in to ask him some questions. Mr. Salinas is cooperative, admits that he owns a gun, and surrenders it to the officers. The officers then ask him to come down to the station to answer a few more questions, and he goes... 2016 Yes
John Felipe Acevedo Restoring Community Dignity Following Police Misconduct 59 Howard Law Journal 621 (Spring 2016) INTRODUCTION. 622 I. POLICE MISCONDUCT AS A DIGNITY TAKING. 625 A. The Body as Property. 625 B. Applying Dignity Takings to Police Misconduct. 628 II. EXAMPLES AND EXISTING REMEDIES. 632 A. Department of Justice Investigations. 632 1. Ferguson Police Department. 633 2. New Orleans Police Department. 636 3. Maricopa County Sheriff's Office. 638 B.... 2016 Yes
Joanna N. Lopez, Esq. Revamping Police/urban Community/youth Relations by Recognizing the Errors of the past and Moving Towards Building Relationships 29 Journal of Civil Rights & Economic Development 51 (Fall, 2016) Policing in America, the land of the free, has undergone a transformation since the first police departments were formed. But it seems as though the changes have come full circle and the original purpose of the police has reemerged if you go far enough back in history. Modern police departments were born from slave patrols and night watches, which... 2016 Yes
Stephen B. Bright Rigged: When Race and Poverty Determine Outcomes in the Criminal Courts 14 Ohio State Journal of Criminal Law 263 (Fall, 2016) A Pennsylvania newspaper recently reported that many people sentenced to death in that state since 2005 were represented by lawyers who were drug and alcohol addicts, had histories of mishandling cases or were convicted felons. Eighteen percent of those sentenced to death had been represented by lawyers who had been disciplined for professional... 2016  
Barry Friedman Secret Policing 2016 University of Chicago Legal Forum 99 (2016) This is a paper about secrecy and policing. It is written at a time of intense discussion about policing in America. There is widespread concern that policing agencies have lost the trust of the communities they are charged to police, and that the legitimacy of policing is at risk. Part of what is needed, no doubt, is greater transparency around... 2016 Yes
Norrinda Brown Hayat Section 8 Is the New N-word: Policing Integration in the Age of Black Mobility 51 Washington University Journal of Law & Policy 61 (2016) Black effer .. That's why you live in Section 8 homes .. From 2003 through 2004, the Alexanders, a black family, lived on Matsqui Road in Antioch, California. Members of the Antioch Police Department visited the Alexanders' home between four and six times while they lived in this house. On at least one of these visits, police officers approached... 2016 Yes
Jesse D. Proctor So When Did Public Order Start Trumping Fundamental Constitutional Rights? Rethinking the Modern Interpretation of the Right to Assemble and the Role Police Should Play in Protecting That Right 8 Drexel Law Review Online 77 (Winter, 2016) The Assembly Clause of the First Amendment of the United States Constitution was created to protect what early Americans saw as a fundamental right at the heart of what it meant to be a free and democratic society. Throughout the eighteenth and nineteenth centuries, public assemblies played an integral part in American politics and society. These... 2016 Yes
Jeffrey Fagan , Anthony A. Braga , Rod K. Brunson , April Pattavina Stops and Stares: Street Stops, Surveillance, and Race in the New Policing 43 Fordham Urban Law Journal 539 (April, 2016) The use of proactive tactics to disrupt criminal activities, such as Terry street stops and concentrated misdemeanor arrests, are essential to the new policing. This model applies complex metrics, strong management, and aggressive enforcement and surveillance to focus policing on high crime risk persons and places. The tactics endemic to the new... 2016 Yes
Jason P. Nance Students, Police, and the School-to-prison Pipeline 93 Washington University Law Review 919 (2016) Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies to keep students safe, including putting more police officers in schools. Yet these decisionmakers have not given enough attention to the potential negative consequences that such... 2016 Yes
Christopher Slobogin Teaching a Course on Regulation of Police Investigation--a Multi-perspective, Problem-oriented Course 60 Saint Louis University Law Journal 527 (Spring 2016) The subject of criminal procedure is typically divided into two courses. The first is often called Police Practices or Investigation, and focuses on the rules governing police use of searches and seizures, interrogation, identification procedures, and undercover activities. The second is usually called Adversary Process or, colloquially,; Search Snippet: ...2016 Teaching Criminal Procedure TEACHING A COURSE ON REGULATION OF POLICE INVESTIGATION--A MULTI-PERSPECTIVE, PROBLEM-ORIENTED COURSE Christopher Slobogin [FNa1... 2016 Yes
  Terry and Sqf Viewed Through the Lens of the Suspicion Heuristic 52 Criminal Law Bulletin 2 (2016) Professor and Associate Director, School of Criminology and Criminal Justice, Arizona State University. Dr. Fradella earned a master's in forensic science and a law degree from The George Washington University in 1993 and a Ph.D. in justice studies from Arizona State University in 1997; Search Snippet: ...White, Ph.D.[ **** This Article traces the history of police Stop-Question-Frisk (SQF) tactics from their early roots in... 2016  
Sonja B. Starr Testing Racial Profiling: Empirical Assessment of Disparate Treatment by Police 2016 University of Chicago Legal Forum 485 (2016) Statistical evidence plays a central role in litigation, scholarship, and public debates about race and policing. At one level, the statistical picture is clear: people of color in the United States, especially black men, interact with police far more often than white Americans do. Black Americans are about 2.5 times more likely to be arrested each... 2016 Yes
Scott E. Wolfe, Justin Nix, University of South Carolina, University of Louisville The Alleged "Ferguson Effect" and Police Willingness to Engage in Community Partnership 40 Law and Human Behavior Behav. 1 (February, 2016) In response to increasing violent crime rates in several U.S. cities over the past year, some have pointed the finger of blame at de-policing, a result of the so-called Ferguson Effect. Although the Ferguson Effect on crime rates remains an open question, there may also be a Ferguson Effect on other aspects of police officers' jobs, such as... 2016 Yes
Scott E. Wolfe, Justin Nix, University of South Carolina, University of Louisville The Alleged "Ferguson Effect" and Police Willingness to Engage in Community Partnership 40 Law and Human Behavior 1 (February, 2016) In response to increasing violent crime rates in several U.S. cities over the past year, some have pointed the finger of blame at de-policing, a result of the so-called Ferguson Effect. Although the Ferguson Effect on crime rates remains an open question, there may also be a Ferguson Effect on other aspects of police officers' jobs, such as; Search Snippet: ...and Human Behavior February, 2016 THE ALLEGED FERGUSON EFFECT AND POLICE WILLINGNESS TO ENGAGE IN COMMUNITY PARTNERSHIP [FNa1] Scott E. Wolfe... 2016 Yes
K. Babe Howell The Costs of "Broken Windows" Policing: Twenty Years and Counting 37 Cardozo Law Review 1059 (February, 2016) Over twenty years ago, in 1994, I started my career as a public defender, as Mayor Rudolph Giuliani and Police Commissioner William Bratton transformed New York City policing based on the Broken Windows theory (Broken Windows). I watched Broken Windows transform the criminal justice system, but it was not really Broken Windows. It was... 2016 Yes
Donna Lieberman , Kara Dansky The Degradation of Civil Society and Hyper-aggressive Policing in Communities of Color in New York City 37 Cardozo Law Review 955 (February, 2016) Their safety was in schools, portfolios, and skyscrapers. Ours was in men with guns who could only view us with the same contempt as the society that sent them. Introduction. 956 I. Crime Trends in New York City. 957 II. Ways of Keeping Communities Safe. 959 III. The Degradation of Communities of Color in New York City and the Introduction of... 2016 Yes
Charles F. Sabel, William H. Simon The Duty of Responsible Administration and the Problem of Police Accountability 33 Yale Journal on Regulation 165 (Winter 2016) Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When lawmakers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors' exercise of discretion. The consequence is an emerging duty of responsible... 2016 Yes
Kermit V. Lipez The First Amendment and the Police in the Digital Age 17 Journal of Appellate Practice and Process 193 (Fall, 2016) In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those--a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities that they... 2016 Yes
Nnennaya Amuchie The Forgotten Victims How Racialized Gender Stereotypes Lead to Police Violence Against Black Women and Girls: Incorporating an Analysis of Police Violence into Feminist Jurisprudence and Community Activism 14 Seattle Journal for Social Justice 617 (Spring, 2016) For all the Black girls and women who never had a chance to live in a world free from violence. --Nnennaya Amuchie Last year, thousands of young people gathered around the world in solidarity with Ferguson, Missouri, after police officers killed Michael Brown, an unarmed 18-year-old Black teenager. Following Michael Brown's death, police officers... 2016 Yes
Jeffrey S. Adler The Greatest Thrill I Get Is When I Hear a Criminal Say, 'Yes, I Did It': Race and the Third Degree in New Orleans, 1920-1945 34 Law and History Review Rev. 1 (February, 2016) On May 11, 1938, two New Orleans policemen entered the Astoria Restaurant, marched to the kitchen, and approached Loyd D. T. Washington, a 41-year-old African American cook. They informed Washington that they would be taking him. to the First Precinct station for questioning, although they assured the cook that he need not change his clothes and... 2016  
Judge Shira A. Scheindlin The Impact of Race and Policing--past, Present, and Future 25 National Black Law Journal L.J. 1 (2016) This article is drawn from a keynote address I gave at the UCLA School of Law's October 2015 Critical Race Studies Symposium, Race and Resistance: Against Police Violence. I was asked to speak because of the 2013 opinion I authored in Floyd v. City of New York, a landmark decision ending New York City's unconstitutional practice of stop and frisk... 2016 Yes
Judge Shira A. Scheindlin The Impact of Race and Policing--past, Present, and Future 25 National Black Law Journal 1 (2016) This article is drawn from a keynote address I gave at the UCLA School of Law's October 2015 Critical Race Studies Symposium, Race and Resistance: Against Police Violence. I was asked to speak because of the 2013 opinion I authored in Floyd v. City of New York, a landmark decision ending New York City's unconstitutional practice of stop and frisk; Search Snippet: ...JOURNAL National Black Law Journal 2016 Article THE IMPACT OF RACE AND POLICING--PAST, PRESENT, AND FUTURE Judge Shira A. Scheindlin [FNa1] Copyright... 2016 Yes
New England Journal on Criminal, Civil Confinement The Intersection of Racial Justice and Criminal Justice in Massachusetts: Interview with Rahsaan Hall 42 New England Journal on Criminal and Civil Confinement 39 (Winter 2016) At a time when scores of impassioned debates at the intersection of criminal justice and racial discrimination are ringing throughout the United States, civil rights attorney Rahsaan Hall has taken an emboldened lead in local reform efforts as Director of American Civil Liberties Union of Massachusetts' Racial Justice Program. Attorney Hall has... 2016  
G. Flint Taylor The Long Path to Reparations for the Survivors of Chicago Police Torture 11 Northwestern Journal of Law & Social Policy 330 (Spring, 2016) In the early 1970s, a Chicago police detective named Jon Burge began a nearly twenty-year reign of police terror that was visited upon more than 120 almost exclusively African-American men who were interrogated at police stations on the South and West sides of Chicago. Burge, working with a unit of white detectives who came to be known as the... 2016 Yes
Ikedi O. Onyemaobim The Michael Brown Legacy: Police Brutality and Minority Prosecution 26 George Mason University Civil Rights Law Journal 157 (Spring, 2016) I know the police cause you trouble They cause trouble everywhere But when you die and go to heaven You find no policeman there. --Woody Guthrie On August 9, 2014, Michael Brown, an 18-year-old, unarmed African-American teenager, was shot and killed in Ferguson, Missouri by Darren Wilson, a white police officer. The shooting led to protests against... 2016 Yes
Samuel Goldsmith The Misguided Constitutionalization of the Enabled Police Force 8 Georgetown Journal of Law & Modern Critical Race Perspectives 191 (Spring, 2016) Criminal law grants law enforcement freedom to act, allowing police to make up a detrimental, sometimes constant force in many racial minorities' lives. Racial minorities experience disparate impact in every stage of the criminal justice system, from the police on the streets, to the prosecutor's office, and to the courtroom. This racial impact is... 2016 Yes
Elizabeth E. Joh The New Surveillance Discretion: Automated Suspicion, Big Data, and Policing 10 Harvard Law & Policy Review 15 (Winter, 2016) In a crime analytics bureau, a police officer logs in to see what alerts have been posted by social media software designed to spot potential threats within the billions of daily online tweets, pins, likes, and posts. On the street, a police officer uses his body-worn camera to scan a crowd; the feed is sent in real time back to the department... 2016 Yes
Michael Greenberger The Only Reliable Way to Rebuild Police-community Relations: the Justice Department Pattern and Practice Consent Decrees 16 University of Maryland Law Journal of Race, Religion, Gender and Class 201 (Fall, 2016) Over an almost three-year period police community relations nationwide have deteriorated to a seeming point of no return. Beginning in Ferguson, Missouri in May, 2014, police shootings and other police malpractices have led to the deaths of unarmed inner city minority civilians, across the country. The deaths of these individuals have resulted in a... 2016 Yes
Nathan Witkin The Police-community Partnership: Civilian Oversight as an Evaluation Tool for Community Policing 18 Scholar: St. Mary's Law Review on Race and Social Justice 181 (2016) I. 182 II. Introduction. 182 III. The Powers and Limitations of the Citizen Review Board. 184 A. The Current Model of Civilian Oversight. 185 B. Problems with the Criminal Process Model of Civilian Oversight. 188 1. The Lack of Investigative Resources. 188 2. The Unqualified Citizen. 189 3. The Limited Powers of the Citizen Review Board.... 2016 Yes
William J. Bratton The Practice of Policing; Evolution in the Police Profession 22 CITYLAW 121 (November/December, 2016) (Adapted from remarks given at a CityLaw Breakfast on October 7, 2016) Today, I would like to talk to you about the practice of policing over the last fifty years, not only in this city, but this country. New York City can rightfully claim to be the safest large city in America and, I would argue, probably one of the safest large cities in the; Search Snippet: ...7664843 CITYLAW November/December, 2016 THE PRACTICE OF POLICING; EVOLUTION IN THE POLICE PROFESSION William J. Bratton [FNa1] Copyright (c) 2016 by... 2016 Yes
Fanna Gamal The Racial Politics of Protection: a Critical Race Examination of Police Militarization 104 California Law Review 979 (August, 2016) Across the country, police departments are using aggressive, military-style tactics and weapons to enforce the law. More recently, the state of police militarization displayed in cities like Ferguson and Baltimore raises deep questions about the ethics of paramilitary policing and its consequences for minority citizenship and inclusion. This Note... 2016 Yes
Paul Heaton, Priscillia Hunt, John MacDonald, Jessica Saunders, University of Pennsylvania, RAND Corporation, University of Pennsylvania, RAND Corporation The Short- and Long-run Effects of Private Law Enforcement: Evidence from University Police 59 Journal of Law & Economics 889 (November, 2016) Over a million people in the United States are employed in private security and law enforcement, yet very little is known about the effects of private police on crime. The current study examines the relationship between a privately funded university police force and crime in a large US city. Following an expansion of the jurisdictional boundary of... 2016 Yes
Katherine Beckett The Uses and Abuses of Police Discretion: Toward Harm Reduction Policing 10 Harvard Law & Policy Review 77 (Winter, 2016) Although discretion is an unavoidable and ubiquitous feature of police work, it is also the subject of significant controversy and debate. In this essay, I first provide a brief overview of the history and evolution of police discretion from the 1960s to today and explain how its exercise has been impacted in recent decades by the war on drugs and... 2016 Yes
Mallory Meads The War Against Ourselves: Heien V. North Carolina, the War on Drugs, and Police Militarization 70 University of Miami Law Review 615 (Winter, 2016) Approximately fifty years ago, America declared a war against itself--the War on Drugs. Since then, our local and state police, armed with military weapons and federal funding, have fought tirelessly against public enemy number one-- drugs. Not surprisingly, this war has created an atmosphere where it is now common to see police officers... 2016 Yes
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