AuthorTitleCitationSummaryYearkey Terms in Title or Summary
Bela August Walker The Color of Crime: the Case Against Race-based Suspect Descriptions 103 Columbia Law Review 662 (April, 2003) Law enforcement in the United States relies on racial identifiers as a crucial part of suspect descriptions. Unlike racial profiling, this practice is regarded as both an essential tool for law enforcement and as an unproblematic use of race. However, given the racial history of the United States, such descriptors, particularly Black, have... 2003  
Sheila A. Bedi The Constructed Identities of Asian and African Americans: a Story of Two Races and the Criminal Justice System 19 Harvard BlackLetter Law Journal 181 (Spring, 2003) The United States' criminal justice system is a modern form of tribal warfare. However, battles have been raging against racial minorities in the U.S. long before the war on drugs was officially declared. The racism embedded in the criminal justice system is born of the same hatred and fear that spawned slavery, Jim Crow, and exclusionary... 2003  
Asit S. Panwala The Failure of Local and Federal Prosecutors to Curb Police Brutality 30 Fordham Urban Law Journal 639 (January, 2003) Excessive use of force by police officers undermines faith in the criminal justice system. Citizens expect those with badges and guns to follow the law as well as enforce it, but these two roles often come into conflict. Reporter Craig Horowitz recounted that one police officer justified his hitting a suspect in the stomach when the suspect tried... 2003 Yes
Samuel Walker The New Paradigm of Police Accountability: the U.s. Justice Department "Pattern or Practice" Suits in Context 22 Saint Louis University Public Law Review Rev. 3 (2003) In April 2001, the city of Cincinnati experienced a riot reminiscent of the 1960s: an outburst of African American rage following the fifteenth fatal shooting of a young black man by the Cincinnati Police Department in six years. At the same time, the department was sued by local civil rights and civil liberties groups over racial profiling. The... 2003 Yes
Samuel Walker The New Paradigm of Police Accountability: the U.s. Justice Department "Pattern or Practice" Suits in Context 22 Saint Louis University Public Law Review 3 (2003) In April 2001, the city of Cincinnati experienced a riot reminiscent of the 1960s: an outburst of African American rage following the fifteenth fatal shooting of a young black man by the Cincinnati Police Department in six years. At the same time, the department was sued by local civil rights and civil liberties groups over racial profiling. The; Search Snippet: ...Ensuring the Legitimacy of Police Conduct THE NEW PARADIGM OF POLICE ACCOUNTABILITY: THE U.S. JUSTICE DEPARTMENT PATTERN OR PRACTICE SUITS IN... 2003 Yes
David A. Harris The Reality of Racial Disparity in Criminal Justice: the Significance of Data Collection 66-SUM Law and Contemporary Problems 71 (Summer 2003) During the 1990s, arguments over racial disparity in the criminal justice system attained a renewed vigor. Of course, this debate is not new. Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing... 2003  
Jason Sunshine , Tom R. Tyler The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing 37 Law and Society Review 513 (September, 2003) This study explores two issues about police legitimacy. The first issue is the relative importance of police legitimacy in shaping public support of the police and policing activities, compared to the importance of instrumental judgments about (1) the risk that people will be caught and sanctioned for wrongdoing, (2) the performance of the police... 2003 Yes
Sanja Kutnjak Ivkovic To Serve and Collect: Measuring Police Corruption 93 Journal of Criminal Law and Criminology 593 (Winter/Spring 2003) Stories of police corruption are cover-page news: they draw public attention and sell the newspapers. As the recent examples from Los Angeles to Tokyo and from New York to Rio de Janeiro demonstrate, no police agency is completely free of corruption and police officers--the blue knights entrusted and empowered to enforce the law--can become some; Search Snippet: ...Criminology Winter/Spring 2003 Criminology TO SERVE AND COLLECT: MEASURING POLICE CORRUPTION Sanja Kutnjak Ivkovic [FNa1] Copyright (c) 2003 Northwestern University... 2003 Yes
  Transfer of Minority Cops Unlawful 9 CITYLAW 11 (January/February 2003) NYPD transferred minority officers to the 70th precinct after attacks on Abner Louima. In October 2000 US District Court Judge Shira A. Scheindlin upheld a jury's findings that the City had engaged in unconstitutional race-based discrimination when it transferred minority police officers to the 70th precinct in Brooklyn following the attacks on; Search Snippet: ...PUBLIC EMPLOYEES Discrimination RACE-BASED TRANSFERS TRANSFER OF MINORITY COPS UNLAWFUL Copyright (c) 2003 by Center for New York City... 2003  
Mary O'Rawe Transitional Policing Arrangements in Northern Ireland: the Can't and the Won't of the Change Dialectic 26 Fordham International Law Journal 1015 (April, 2003) The State policing model on which many police forces, including the Northern Irish police force, are based, is almost two centuries old. The organizational structure on which this model is predicated is bureaucratic, hierarchical, inward-looking, essentially male-dominated, and based on the mechanics of command and control. One of the greatest... 2003 Yes
Alafair S. Burke Unpacking New Policing:confessions of a Former Neighborhood District Attorney 78 Washington Law Review 985 (November, 2003) Introduction. 986 I. The New Policing Models and New Discretion Scholarship. 988 A. The New Policing. 992 B. New Policing and Police Discretion. 996 C. The New Discretion Scholarship. 999 II. Critiquing the New Discretion Scholarship. 1003 A. Idealizing Notions of Community . 1004 B. Determining Constitutional Parameters by Community Sentiment.... 2003 Yes
Catherine Popham Durant When to Arrest: What Influences Police Determination to Arrest When There Is a Report of Domestic Violence? 12 Southern California Review of Law and Women's Studies 301 (Spring 2003) Police departments receive more calls reporting domestic violence than any other type of crime, and responses to those calls account for one third of all police time. Arrest is critical for aiding domestic violence victims and sends a message to the batterer that society does not tolerate domestic violence. Historically, however, police have been; Search Snippet: ...Women's Studies Spring 2003 Notes WHEN TO ARREST: WHAT INFLUENCES POLICE DETERMINATION TO ARREST WHEN THERE IS A REPORT OF DOMESTIC... 2003 Yes
Surell Brady A Failure of Judicial Review of Racial Discrimination Claims in Criminal Cases 52 Syracuse Law Review 735 (2002) Introduction. 736 I. Working Definitions and Deeper Meanings. 745 II. Is There an Equal Protection Doctrine?. 751 A. Ratification of the Fourteenth Amendment to Safeguard Rights of Black Americans. 753 B. 1868-1896: Early Application of the Equal Protection Clause Expands Beyond the Needs of Black Americans. 755 C. 1896-1954: Intense Application of... 2002  
New Jersey Black and Latino Caucus A Report on Discriminatory Practices Within the New Jersey State Police 26 Seton Hall Legislative Journal 273 (2002) I. OVERVIEW. 274 A. Background. 274 B. Racial Profiling of Motorists. 278 C. State Police Employment Practices. 281 D. Caucus Findings. 285 E. Caucus Recommendations. 286 II. THE PUBLIC HEARINGS. 287 A. Racial Profiling: Evidence and Experience. 287 B. Employment Practices: Evidence and Experience. 294 III. Caucus Recommendations. 299 The New... 2002 Yes
Kim Strosnider Anti-gang Ordinances after City of Chicago V. Morales: the Intersection of Race, Vagueness Doctrine, and Equal Protection in the Criminal Law 39 American Criminal Law Review 101 (Winter, 2002) The rule of law, evenly applied to minorities as well as majorities, to the poor as well as the rich, is the great mucilage that holds society together. - Justice William O. Douglas, 1972 It seems there are two laws. There's one for this kind of area, and there's another for everyone else. - Resident of a Chicago public housing project, 2000 In the... 2002  
Sarah Oliver Atwater V. City of Lago Vista: the Disappearing Fourth Amendment and its Impact on Racial Profiling 23 Whittier Law Review 1099 (Summer 2002) Racial profiling--any police-initiated action that relies on race, ethnicity or national origin rather than behavior or other objective criteria--is generally viewed as repugnant in a democratic, law-based society. The United States Supreme Court, in the recently decided Atwater v. City of Lago Vista, eliminated, without discussion or... 2002  
David Rudovsky Breaking the Pattern of Racial Profiling 38-AUG Trial 29 (August, 2002) When law enforcement officers make discretionary judgments based on race, can litigation put an end to stop-and-search violations? On a summer evening in 1991, four young African-Americans were returning to Delaware from a church service in Philadelphia. Although the driver had committed no traffic violations, police officers stopped the car just... 2002  
Philip Adelman Chavez V. Illinois State Police 251 F.3d 612 (7th Cir. 2000). 8 Washington and Lee Race and Ethnic Ancestry Law Journal 75 (Spring, 2002) In November 1992, George Koutsakis, a white male, was stopped by an Illinois State Police (ISP) Valkyrie Officer for exceeding the speed limit. Valkyrie officers are part of a drug interdiction unit trained to detect and arrest drug couriers. When the officer pulled Koutsakis over, he noticed indications of drug trafficking such as Koutsakis' red... 2002 Yes
Gerald Jerome Smith Constitutionality of States' Use of Police and Military Force to Arrest, Detain, and Confine American Citizens Because of Race 27 Oklahoma City University Law Review 451 (Spring 2002) The Tulsa Race Riot Commission's decision on the matter of reparations for descendants of Tulsa's Race Riot of 1921 will have a profound perceptual impact internationally and nationally on civil rights. Many foreign and domestic state agencies, officials, courts, lawyers, and citizens are patiently anticipating what results will come out of; Search Snippet: ...Law Review Spring 2002 Note CONSTITUTIONALITY OF STATES' USE OF POLICE AND MILITARY FORCE TO ARREST, DETAIN, AND CONFINE AMERICAN CITIZENS BECAUSE OF RACE [FNa1] Gerald Jerome Smith Copyright © 2002 Oklahoma City University; Gerald... 2002 Yes
Bernie D. Jones Critical Race Theory: New Strategies for Civil Rights in the New Millennium? 18 Harvard BlackLetter Law Journal L.J. 1 (Spring, 2002) The development of critical race theory points to a new direction taken by civil rights activists in the wake of civil rights setbacks in the 1970s and 1980s when official government policy no longer supported an expansive civil rights agenda. The United States Supreme Court began limiting and eviscerating precedents that once promised full... 2002  
Lisa Ruddy From Seat Belts to Handcuffs: May Police Arrest for Minor Traffic Violations? 10 American University Journal of Gender, Social Policy and the Law 479 (2002) I. Case History of Atwater v. City of Lago Vista. 479 A. Introduction. 479 B. Background: The Fourth Amendment. 481 C. Factual Background. 482 D. Procedural History. 485 II. Analysis of Fifth Circuit Holdings. 485 A. Three-Judge Panel - January 29, 1999. 485 B. Full Fifth Circuit - November 24, 1999. 492 1. Majority opinion. 492 2. Dissent: Judge... 2002 Yes
Betty Tsamis House Bill 1114: Eliminating Biased Policing 31-JUL Colorado Lawyer 127 (July, 2002) This article provides information on biased policing and liability associated with House Bill 01-1114, which deals with prohibiting profiling in law enforcement traffic stops. On June 5, 2001, Governor Owens signed into law House Bill 01-1114 (H.B. 1114), which enacted CRS §§ 24-31-309 and 42-4-115. H.B. 1114 prohibits profiling by peace... 2002 Yes
Mary Kim I. Investigation and Police Practices 90 Georgetown Law Journal 1099 (May, 2002) The Fourth Amendment of the United States Constitution governs all searches and seizures conducted by government agents. The Amendment contains two separate clauses: a prohibition against unreasonable searches and seizures, and a requirement that probable cause support each warrant issued. Interpreted literally, the Amendment requires neither a; Search Snippet: ...Thirty-First Annual Review of Criminal Procedure I. INVESTIGATION AND POLICE PRACTICES Mary Kim Copyright © 2002 by Georgetown Law Journal Association... 2002 Yes
William J. Stuntz Local Policing after the Terror 111 Yale Law Journal 2137 (June, 2002) Introduction. 2138 I. Constitutional Protections and Crime Rates. 2142 A. Why Fourth and Fifth Amendment Protections Should Fluctuate with Crime. 2144 B. Past Practice and September 11. 2150 II. Offering Greater Power, Requiring Greater Restraint. 2160 A. Profiling. 2162 1. Searching and Seizing Groups. 2163 2. Regulating the Manner of Individual... 2002 Yes
K. Michelle Scott Looking Through a Glass Darkly: Applying the Lens of Social Cubism to the Police-minority Group Conflict in America 8 ILSA Journal of International and Comparative Law 857 (Summer, 2002) I. 857 II. The Social Cubist Framework. 862 2002 Yes
Seth A. Steinzor, Esq. Petit Apartheid in the U.s. Criminal Justice System: the Dark Figure of Racism. Dragan Milovanovic and Katheryn K. Russell, Editors, Carolina Academic Press, Durham, Nc, 2001, 124 Pp., $20.00. 28-MAR Vermont Bar Journal 52 (March, 2002) This slim volume of essays explores a metaphor, petit apartheid. Its premise is that when grand apartheid - that is, legal segregation and discrimination - was expunged from the judicial system, it was succeeded by petit apartheid, the cumulative effect of informal acts of racism, racially motivated brutality, dehumanization, contempt, and... 2002  
Tracey L. Meares Praying for Community Policing 90 California Law Review 1593 (October, 2002) Community policing is central to any conversation about the role of community in law and criminal justice. The term has become ubiquitous among law-enforcement practitioners and scholars. Many police departments have integrated or are in the process of integrating some form of community policing into their enforcement strategies. Consequently, much; Search Snippet: ...October, 2002 A Colloquium on Community Policing PRAYING FOR COMMUNITY POLICING Tracey L. Meares [FNa1] Copyright (c) 2002 California Law Review... 2002 Yes
David Cole Profiles in Policing 26-APR Champion 12 (April, 2002) When Cincinnati erupted in riots in April 2001, both the immediate spark and the underlying causes were all too familiar. The riots were ignited by the death of Timothy Thomas, an unarmed 19-year-old black man shot while fleeing a white police officer. But the reason Thomas was fleeing points to the deeper cause of the riots. He had outstanding... 2002 Yes
Thorne Clark Protection from Protection: Section 1983 and the Ada's Implications for Devising a Race-conscious Police Misconduct Statute 150 University of Pennsylvania Law Review 1585 (May, 2002) In the dome the prisoner waited . . . shackled to inertia by a great chain of years. -- Henry Dumas, black-American author slain bya police officer in a case of mistaken identity Henry Dumas was no prophet; he merely illustrated what was and is readily apparent to those inclined or forced to consider the extent and the impact of racism in daily... 2002 Yes
Kenneth B. Nunn Race, Crime and the Pool of Surplus Criminality: or Why the 'War on Drugs' Was a 'War on Blacks' 6 Journal of Gender, Race and Justice 381 (Fall 2002) The War on Drugs has had a devastating effect on African American communities nationwide. Throughout the drug war, African Americans have been disproportionately investigated, detained, searched, arrested and charged with the use, possession and sale of illegal drugs. Vast numbers of African Americans have been jailed and imprisoned pursuant to the... 2002  
John Schelhas Race, Ethnicity, and Natural Resources in the United States: a Review 42 Natural Resources Journal 723 (Fall, 2002) The United States is a racially and ethnically diverse country, but only recently have researchers and scholars paid much attention to the significance of this diversity for natural resource management and policy. This article reviews the literature on racial discrimination and ethnic differences in valuing and using natural resources. The review... 2002  
Gabriel J. Chin Race, the War on Drugs, and the Collateral Consequences of Criminal Conviction 6 Journal of Gender, Race and Justice 253 (Fall 2002) One of the most important recent developments in the criminal justice system is the increasing imposition of sanctions for conviction off-budget, covertly. These sanctions, often called collateral consequences, are not imposed explicitly as part of the sentencing process, but by legislative creation of penalties applicable by operation of law... 2002  
Dan M. Kahan Reciprocity, Collective Action, and Community Policing 90 California Law Review 1513 (October, 2002) This Article has two goals. The first is to develop a theoretical framework for evaluating different techniques for policing street crime. The second is to highlight the explanatory and prescriptive power of a particular theory of social norms and law. Recent years have witnessed the emergence of a diverse array of crime-fighting strategies--from... 2002 Yes
Samuel R. Gross , Katherine Y. Barnes Road Work: Racial Profiling and Drug Interdiction on the Highway 101 Michigan Law Review 651 (December, 2002) I. Introduction. 653 II. Stops, Searches and Hits. 662 A. The Maryland State Police Data. 662 1. Searches and Stops. 662 2. Hits.. 667 B. The Process. 670 1. Pretext Stops and Operation Pipeline. 670 2. Consent and Probable Cause. 672 3. Intelligence. 677 C. Do the Data Describe Reality?. 678 1. Misreporting. 678 2. Preselecting. 682 D. Is This... 2002  
Lis Wiehl Sounding Black in the Courtroom: Court-sanctioned Racial Stereotyping 18 Harvard BlackLetter Law Journal 185 (Spring, 2002) The Kentucky Supreme Court recently upheld the conviction of a black man for selling crack cocaine based on the testimony of a white police officer, who stated that an unknown voice on an audio tape sounded like a black malethe defendant. The officer had never met or seen the defendant before trial. This Article argues that the decision is an... 2002  
Wayne A. Logan Street Legal: the Court Affords Police Constitutional Carte Blanche 77 Indiana Law Journal 419 (Summer, 2002) To the criminal defense bar, it seemed a Fourth Amendment case nonpareil: a well-off, white, middle-aged soccer mom, with two kids in tow, and no contraband in her possession, arrested and hauled off to jail for not wearing a seat belt. Alleging that the arrest violated the amendment's ban on unreasonable seizures, the soccer mom sued under 42... 2002 Yes
William J. Stuntz Terrorism, Federalism, and Police Misconduct 25 Harvard Journal of Law & Public Policy 665 (Spring, 2002) The defining characteristic of American criminal law enforcementthe characteristic that most distinguishes it from law enforcement elsewhere in the developed worldis its localism. There are approximately 800,000 police officers in the United States. Over 660,000 of them work for local governments. And personnel statistics understate the system's... 2002 Yes
Geoffrey Rapp The Economics of Shootouts: Does the Passage of Capital Punishment Laws Protect or Endanger Police Officers? 65 Albany Law Review 1051 (2002) Over the past few years, the names of Amadou Diallo and Patrick Dorismond have been seared into the public consciousness of New York, in large part because they both were killed during a time when the public perception was that New York City was safer than ever before. The stories of these two men-- innocent of any crime, yet gunned down by the... 2002 Yes
Stephen Skinner The Third Pillar Treaty Provisions on Police Cooperation: Has the Eu Bitten off More than it Can Chew? 8 Columbia Journal of European Law 203 (Spring, 2002) The treaty provisions for cooperation among the Member States of the European Union (EU) on policing are a clear illustration of the tension at the heart of EU integration and may be indicative of its limits. On the one hand, Member States perceive a growing threat from crimes as diverse as drug trafficking, terrorism and art theft, for example, in... 2002 Yes
Eric Manch Throwing the Baby out with the Bathwater: How Continental-style Police Procedural Reforms Can Combat Racial Profiling and Police Misconduct 19 Arizona Journal of International & Comparative Law 1025 (Fall, 2002) Until the day she was stopped in March 1997, Gail Atwater never considered herself anti-cop. As a white woman living in the suburbs, she was not the type to complain about police misconduct. Her encounter that day with Officer Turek of the Lago Vista, Texas police department, however, led to one of the most controversial decisions of the Supreme... 2002 Yes
Mark Weintraub A Pack of Wild Dogs? Chew V. Gates and Police Canine Excessive Force 34 Loyola of Los Angeles Law Review 937 (January, 2001) The Fourth Amendment of the United States Constitution requires [t]he right of the people to be secure in their persons . . . against unreasonable . . . seizures. The scope and interpretation of this Amendment has been debated in volumes of legal opinions, yet it is beyond argument that the Constitution applies to all citizens and every... 2001 Yes
David A. Harris Addressing Racial Profiling in the States: a Case Study of the "New Federalism" in Constitutional Criminal Procedure 3 University of Pennsylvania Journal of Constitutional Law 367 (February, 2001) Some have described the Warren Court's far-reaching criminal procedure cases as a revolution. These decisions included everything from the application of the exclusionary rule to the states, to the insistence on a right to counsel any time a state court imprisoned a defendant, to the requirement that police give suspects the warnings contained in... 2001  
Milton Heumann , Lance Cassak Afterward: September 11th and Racial Profiling 54 Rutgers Law Review 283 (Fall, 2001) The last edition of the Rutgers Law Review published the Article, Profiles in Justice? Police Discretion, Symbolic Assailants, and Stereotyping in which the Authors discussed various aspects about the practice and current debate over racial profiling. As noted in a postscript, that Article was being prepared for publication just as the monstrous... 2001  
Wayne A. Logan An Exception Swallows a Rule: Police Authority to Search Incident to Arrest 19 Yale Law and Policy Review 381 (2001) We must remember that the extent of any privilege of search and seizure without a warrant which we sustain, the officers interpret and apply themselves and will push to the limit. . . . And we must remember that the authority which we concede to conduct searches and seizures without warrant may be exercised by the most unfit and ruthless officers... 2001 Yes
Erwin Chemerinsky An Independent Analysis of Thelos Angeles Police Department's Board of Inquiry Report on the Rampart Scandal 34 Loyola of Los Angeles Law Review 545 (January, 2001) I. Introduction: Appraising the Board of Inquiry Report. 549 II. The Board of Inquiry Report Fails to Identify the Extent of the Problem and, Indeed, Minimizes Its Scope and Nature. 553 III. The Board of Inquiry Report Fails to Recognize that the Central Problem is the Culture of the Los Angeles Police Department, Which Gave Rise to and Tolerated... 2001 Yes
Roger Roots Are Cops Constitutional? 11 Seton Hall Constitutional Law Journal 685 (Summer 2001) Police work is often lionized by jurists and scholars who claim to employ textualist and originalist methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution's ratification. The Framers contemplated law enforcement as; Search Snippet: ...JOURNAL Seton Hall Constitutional Law Journal Summer 2001 Article ARE COPS CONSTITUTIONAL? Roger Roots [FNa1] Copyright (c) 2001 Seton Hall University... 2001  
Mary Ellen Gale Calling in the Girl Scouts: Feminist Legal Theory and Police Misconduct 34 Loyola of Los Angeles Law Review 691 (January, 2001) The most surprising thing about feminist legal scholarship on police misconduct is that there is not much of it. This comparative silence is surprising because feminist legal theorists have taken it as their mission to question everything. Feminist legal scholars have investigated and critiqued a wide variety of laws and legal issues--not just the... 2001 Yes
Roy L. Sturgeon Case Comment, City of Chicago V. Morales: Street Gangs, Public Spaces, and the Limits of Police Discretion 5 Texas Hispanic Journal of Law and Policy 105 (Spring 2001) I. Introduction. 106 A. Once Upon a Time. . .. 107 B. Colorful Contestation. 107 II. How the Case Ended Up in the United States Supreme Court. 109 A. Schism in the County Circuit Court. 109 B. Unanimity in the State Appellate Court. 110 C. Unanimity in the State Supreme Court. 110 III. How to Do Specific Things with Vague Words. 111 A. Chicago... 2001 Yes
Steven D. Clymer Compelled Statements from Police Officers and Garrity Immunity 76 New York University Law Review 1309 (November, 2001) In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That; Search Snippet: ...York University Law Review November, 2001 Article COMPELLED STATEMENTS FROM POLICE OFFICERS AND GARRITY IMMUNITY Steven D. Clymer [FNa1] Copyright ©... 2001 Yes
David Thacher Conflicting Values in Community Policing 35 Law and Society Review 765 (2001) Police reformers in the early 21st century place great importance on the development of police-community partnerships, but they have not recognized the deep obstacles that these relationships face. This study argues that the central problems of working in partnership involve conflict over values: Different organizations advance different social; Search Snippet: ...Law and Society Review 2001 Article CONFLICTING VALUES IN COMMUNITY POLICING David Thacher [FNa1] Copyright © 2001 The Law and Society Association... 2001 Yes
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