AuthorTitleCitationSummaryYearkey Terms in Title
Lenese C. Herbert Bête Noire: How Race-based Policing Threatens National Security 9 Michigan Journal of Race and Law 149 (Fall 2003) FOREWORD. 150 INTRODUCTION. 155 I. Couverture: The Fourth Amendment: Doctrine of the Free. 159 II. Excluez: The Face of Those not yet Unseen -- African Americans and the Black Bill of Rights. 163 A. Slavery, Violence, and the Institution of Slavery. 164 B. Policing Freedmen. 168 C. Petit Apartheid: Policing Them Not Us . 170 III.... 2003 Yes
R. Richard Banks Beyond Profiling: Race, Policing, and the Drug War 56 Stanford Law Review 571 (December, 2003) Introduction. 572 I. The Campaign Against Racial Profiling. 574 A. Consensus and Data Collection. 574 B. The Innocence Emphasis. 576 C. The Irrationality Claim. 577 1. Self-fulfilling prophecy and survey data claims.. 577 2. Hit rates argument.. 578 II. The Ambiguity of the Evidence. 580 A. Limitations of Self-Fulfilling Prophecy and Survey Data... 2003 Yes
Camille A. Nelson Breaking the Camel's Back: a Consideration of Mitigatory Criminal Defenses and Racism-related Mental Illness 9 Michigan Journal of Race and Law 77 (Fall 2003) INTRODUCTION. 77 I. Critical Psychology and Racism as Abuse. 83 A. Stress and Distress. 80 B. Coping. 98 C. The Humiliation Dynamic. 102 II. Criminal Law Defenses Capable of Critical Psychology Infusion. 108 A. Provocation. 110 B. Extreme Emotional Disturbance. 117 C. Diminished Capacity. 121 III. Concerns With Infusion -- Identity,... 2003  
Merrick Bobb Civilian Oversight of the Police in the United States 22 Saint Louis University Public Law Review 151 (2003) More than ten years have elapsed since the Rodney King incident where officers of the Los Angeles Police Department were recorded on a bystander's videotape beating an African-American motorist senseless with their batons. Since then there has been wave upon wave of controversial incidents rocking the foundations of U.S. law enforcement. Events in... 2003 Yes
Abigail Caplovitz Drafting Limits: Statute Text and the Police Discretion to Define Disorder 5 Journal of Law & Social Challenges 93 (Summer 2003) Police violence is the People's violence: with their golden badges, guns, and nightsticks, police legitimately force others to obey the People's laws. This tremendous power is fundamentally discretionary in its exercise, rendering it nearly absolute. A core problem of civil society is structuring police power to check and balance itself without... 2003 Yes
Robert S. Chang Essay: (Racial) Profiles in Courage, or Can We Be Heroes Too? 66 Albany Law Review 349 (2003) Racial profiling usually conjures up images of police officers acting on negative stereotypes concerning the criminality of people of color and subjecting them to greater surveillance and state-sponsored violence than to those who do not possess such physical attributes. This type of negative affirmative action is practiced by police, prosecutors,... 2003  
Laura J. Hickman , Sally S. Simpson Fair Treatment or Preferred Outcome? The Impact of Police Behavior on Victim Reports of Domestic Violence Incidents 37 Law and Society Review 607 (September, 2003) This research is an exploratory test of two hypotheses emerging from debates about how police behavior may influence domestic violence victim reporting. From a procedural justice perspective, victims should be more apt to report victimization when previous encounters with police are viewed as procedurally fair. From a distributive justice; Search Snippet: ...General Interest FAIR TREATMENT OR PREFERRED OUTCOME? THE IMPACT OF POLICE BEHAVIOR ON VICTIM REPORTS OF DOMESTIC VIOLENCE INCIDENTS [FNa1] Laura... 2003 Yes
Steven Puro Federal Responsibility for Police Accountability Through Criminal Prosecution 22 Saint Louis University Public Law Review 95 (2003) Federal criminal prosecution of law enforcement officers' violations of individuals' civil rights is a traditional way to remedy law enforcement misconduct. The U.S. Department of Justice has significant interactions with state and local officials in these processes. There was increased emphasis on U.S. Department of Justice Civil Rights Division,... 2003 Yes
Donna Coker Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System 93 Journal of Criminal Law and Criminology 827 (Fall 2003) Reading Supreme Court decisions in criminal cases often feels like falling down the rabbit hole: a bizarre adventure where nothing is what the Court says it is and circular reasoning passes for analysis. In the Court's Fourth Amendment jurisprudence, there is a tendency . . . to pretend that the world we all know is not the world in which law... 2003  
Andrew E. Taslitz Foreword: the Political Geography of Race Data in the Criminal Justice System 66-SUM Law and Contemporary Problems Probs. 1 (Summer 2003) Several months ago, there was a heated discussion on CrimProf, the listserv for criminal law professors, about the disproportionate representation of minorities in the criminal justice system. Few participants in this online discussion contested the reality that racial and ethnic minorities, especially African Americans, make up a far larger... 2003  
Stephen B. Presser Have We Overreacted to the Fear of Racial Profiling? 29 No. 4 Litigation 29 (Summer, 2003) Racial profiling is a practice now almost universally condemned. The term conjures up images of insensitive, jack-booted, bullwhip-wielding police bent on carrying out bigoted oppression of innocent citizens merely because of the color of their skin or their ethnic affiliation. Politicians seized upon the issue, as did civil liberties... 2003  
Samuel R. Sommers , Phoebe C. Ellsworth How Much Do We Really Know about Race and Juries? A Review of Social Science Theory and Research 78 Chicago-Kent Law Review 997 (2003) The past decade has witnessed numerous high-profile criminal trials in which controversial verdicts have been attributed to race--the race of the defendant, the racial composition of a jury, an attorney playing the race card, and so on. A predominantly Black jury's acquittal of O.J. Simpson and White jurors' leniency in the police brutality cases... 2003  
Eric L. Muller Inference or Impact? Racial Profiling and the Internment's True Legacy 1 Ohio State Journal of Criminal Law 103 (Fall, 2003) In the debate about racial and ethnic profiling in the wake of the September 11 terrorist attacks, critics of the administration's policies have frequently argued that the government has made the same fundamental error as the Roosevelt administration made when it forced 110,000 Japanese Americans into camps during World War II. This is a powerful... 2003  
Michael Rowan Leaving No Stone Unturned: Using Rico as a Remedy for Police Misconduct 31 Florida State University Law Review 231 (Fall, 2003) Rodney King was about police abuse, O.J. was about police incompetence, and Rampart is about police corruption. It's not a bad apple. The barrel itself is rotten. A little over a decade ago, the videotaped beating of Rodney King merely confirmed what many Los Angeles residents had long since determined-the Los Angeles Police Department (LAPD) was a... 2003 Yes
Holly James McMickle Letting Doj Lead the Way: Why Doj's Pattern or Practice Authority Is the Most Effective Tool to Control Racial Profiling 13 George Mason University Civil Rights Law Journal 311 (Spring 2003) During the past thirty years, the concept of racial profiling in America has emerged, evolved, and been shaped by the courts. From the Civil Rights Act of 1964 to recent cases before the Supreme Court, race has played a role in the way the Court reviews police conduct and officers' treatment of citizens. The civil rights violations that result from... 2003  
Illya Lichtenberg Police Discretion and Traffic Enforcement: a Government of Men? 50 Cleveland State Law Review 425 (2002-2003) If Jefferson were writing the Declaration of Independence today he would undoubtedly be besieged to include an assertion of the inalienable right to the pursuit of happiness' in an automobile. I. Introduction. 426 II. Police Discretion and Traffic Enforcement: The Law. 427 III. Police Discretion In Traffic Enforcement And Judicial Review. 430 A.... 2003 Yes
Kapila Juthani Police Treatment of Domestic Violence and Sexual Abuse: Affirmative Duty to Protect Vs. Fourth Amendment Privacy 59 New York University Annual Survey of American Law 51 (2003) On May 7, 1998, at 2:00 a.m., Shannon Schieber screamed for help as she was attacked in her apartment. A neighbor called the police for assistance. In response to the neighbor's Priority 1 emergency call, two police officers arrived at the apartment building where the neighbor stood ready to assist. The officers knocked on Schieber's door.... 2003 Yes
Lawrence Rosenthal Policing and Equal Protection 21 Yale Law and Policy Review 53 (Winter 2003) For urban policing, it is the best of times and the worst of times. The innovative policing techniques that have come into widespread use over the past decade are credited by many with producing significant reductions in urban crime. The vocal and numerous critics of these tactics, however, claim that the cure has been worse than the disease. In... 2003 Yes
Erik Luna Race, Crime, and Institutional Design 66-SUM Law and Contemporary Problems 183 (Summer 2003) Minorities are gravely over-represented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. This Symposium provides a timely survey of the issue, with a particular focus on the importance of collecting data which addresses racial... 2003  
Kathryn R. Urbonya Rhetorically Reasonable Police Practices: Viewing the Supreme Court's Multiple Discourse Paths 40 American Criminal Law Review 1387 (Fall, 2003) This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the United States Constitution. It examines how the Court has manipulated classic discourse paths arising from... 2003 Yes
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  
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