AuthorTitleCitationSummaryYearkey Terms in Title
Bill Trine Police State: How America's Cops Get Away with Murder by Gerry Spence 338 Pp.; $27.99 St. Martin's Press, 2015 175 Fifth Ave., New York, Ny 10010 (212) 677-7456; Www.stmartins.com 45-JAN Colorado Lawyer 66 (January, 2016) In recent years, the American public has witnessed shocking videos, taken by cell phones with video cameras, of citizens brutalized and killed by the police. Are these recently publicized incidents of police brutality something new, or has this abuse of power preexisted the widespread use of video cameras? The answer to that question becomes clear... 2016 Yes
Helen A. Anderson Police Stories 111 Northwestern University Law Review Online 19 (August 6, 2016) Most fact statements in judicial opinions do not read like a novel, but there is the occasional exception. In Pennsylvania v. Dunlap, Chief Justice Roberts opened his dissent from denial of certiorari as follows: North Philly, May 4, 2001. Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The... 2016 Yes
Kate Levine Police Suspects 116 Columbia Law Review 1197 (June, 2016) Recent attention to police brutality has brought to the fore how law enforcement, when they become the subject of criminal investigations, receive special procedural protections not available to any other criminal suspect. Prosecutors' special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused... 2016 Yes
Allyssa Villanueva Police Terror and Officer Indemnification 13 Hastings Race and Poverty Law Journal 201 (Winter, 2016) On May 6, 2012, Oakland Police Officers Miguel Masso and Joseph Fesmire initiated a stop of Alan Bluford and two friends in Oakland, CA. The facts are disputed but the altercation escalated resulting in Bluford sustaining three fatal gunshot wounds from Officer Masso. Bluford was an 18-year-old high school senior. No weapons were found on Bluford... 2016 Yes
Allegra M. McLeod Police Violence, Constitutional Complicity, and Another Vantage 2016 Supreme Court Review 157 (2016) What role has the U.S. Supreme Court played in perpetuating police violence? In a series of remarkable dissenting opinions, Justice Sonia Sotomayor has underscored the Supreme Court's complicity in police abuse. Dissenting in Mullenix v Luna, Justice Sotomayor warned that the Court has sanctioned a shoot first, think later approach to policing.... 2016 Yes
Christopher Slobogin Policing as Administration 165 University of Pennsylvania Law Review 91 (December, 2016) Police agencies should be governed by the same administrative principles that govern other agencies. This simple precept would have significant implications for regulation of police work, in particular the type of suspicionless, group searches and seizures that have been the subject of the Supreme Court's special needs jurisprudence (practices that; Search Snippet: ...LAW REVIEW University of Pennsylvania Law Review December, 2016 Article POLICING AS ADMINISTRATION Christopher Slobogin [FNd1] Copyright © 2016 by University of... 2016 Yes
Robert J. Kane , Anne-Marie O'Brien Policing by Imposition: the Consequences of Aggressive Drug Policing on Prenatal Care in Structurally Disadvantaged Communities 8 Drexel Law Review 317 (Spring 2016) Historically in the United States, the police have been organized as a publicly accountable, rule of law institution. In theory, this has meant that police engage in partnership with the public to set crime prevention and public safety goals. Since the decline of industrialization in America's urban centers, however, the police--particularly in... 2016 Yes
Wayne A. Logan , Andrew Guthrie Ferguson Policing Criminal Justice Data 101 Minnesota Law Review 541 (December, 2016) I. The Development of Data-Driven Criminal Justice. 549 A. Data Collection and Generation. 549 1. Data Collection. 549 2. Data Generation. 556 B. Data Fallibility. 559 C. The Impact of Data Error. 563 1. On Individuals and Their Communities. 563 2. On Governments. 570 II. Barriers to Detecting and Remedying Data Error. 571 A. Legal Barriers. 572 1; Search Snippet: ...LAW REVIEW Minnesota Law Review December, 2016 Article Criminal Justice POLICING CRIMINAL JUSTICE DATA Wayne A. Logan [FNd1] Andrew Guthrie Ferguson... 2016 Yes
Julian A. Cook III Policing in the Era of Permissiveness: Mitigating Misconduct Through Third-party Standing 81 Brooklyn Law Review 1121 (Spring, 2016) On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer's vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned... 2016 Yes
Elizabeth E. Joh Policing Police Robots 64 UCLA Law Review Discourse 516 (2016) Just as they will change healthcare, manufacturing, and the military, robots have the potential to produce big changes in policing. We can expect that at least some robots used by the police in the future will be artificially intelligent machines capable of using legitimate coercive force against human beings. Police robots may decrease dangers to; Search Snippet: ...6582022 UCLA LAW REVIEW DISCOURSE UCLA Law Review Discourse 2016 POLICING POLICE ROBOTS Elizabeth E. Joh [FNa1] Copyright © 2016 UCLA Law Review... 2016 Yes
Colin Taylor Ross Policing Pontius Pilate: Police Violence, Local Prosecutors, and Legitimacy 53 Harvard Journal on Legislation 755 (Summer, 2016) I. Introduction. 756 II. The Crisis of the Status Quo. 760 A. Appearance of Grand Jury Manipulation. 761 B. Crisis of Legitimacy. 765 III. Existing Proposals and Plans. 767 A. Increased Federal Oversight. 767 1. Color of Law Prosecutions. 768 2. Consent Decrees. 769 B. Special Prosecutors. 771 C. California's Public Hearings. 775 IV. Policy... 2016 Yes
Rachel E. Rosenbloom Policing Sex, Policing Immigrants: What Crimmigration's past Can Tell Us about its Present and its Future 104 California Law Review 149 (February, 2016) The flow of information from local police to federal immigration officials forms a central element of the contemporary phenomenon known as crimmigration--the convergence of immigration enforcement and criminal law enforcement. This Essay provides the first historical account of the early roots of this information flow and a new perspective on its... 2016 Yes
Martha L. Camarillo Policing Sexuality: the Mann Act and the Making of the Fbi by Jessica R. Pliley. Cambridge, Massachusetts: Harvard University Press, 2014. 304 Pp. $29.95 Hardcover. 31 Berkeley Journal of Gender, Law & Justice 352 (Summer, 2016) You may trod me in the very dirt But still, like dust, I'll rise. Americans believe in freedom of movement. In the United States, approximately 40 million people migrate from one state to another each year. Women greatly contribute to this number, as increasing numbers of college-educated women move into urban economies in pursuit of the American... 2016 Yes
Barbara L. Bezdek Policing That Perpetuates Baltimore's Islands of Poverty and Despair 16 University of Maryland Law Journal of Race, Religion, Gender and Class 153 (Fall, 2016) Freddie Gray lived and died in the Sandtown neighborhood in west Baltimore, a 72-block area whose dismal, toxic, and episodically deadly physical and social realities should not be tolerable as part of the American landscape. More than one-third of its residents live below the poverty line, and 20% are unemployed. The unconstitutional policing... 2016 Yes
Eda Katharine Tinto Policing the Immigrant Identity 68 Florida Law Review 819 (May, 2016) Information concerning an immigrant's identity is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver's name and date of birth, fingerprints taken at booking link to previously... 2016 Yes
Lydialyle Gibson Policing the Police 102-SEP ABA Journal 56 (September, 2016) I think this will be our Ferguson. Sitting in his office at the University of Chicago Law School just over a year ago, attorney and professor Craig Futterman was talking about a video almost no one had seen. It was a dashboard-camera recording of a white Chicago police officer killing a black teenager. The details, then still unconfirmed, rang... 2016 Yes
Liku T. Madoshi Policing the Police: Implicit Racial Bias & the Necessity of Limiting Police Discretion to Use Militarized Gear Against Civilian Protesters 44 Southern University Law Review 118 (Fall, 2016) A militarized police force cannot be fully effective. Because police are civilian members of a community, their success depends upon the trust and cooperation of that community. The pervasive use of tactics that are overly aggressive and militarized tend to exacerbate any tensions that may already exist. At the intersection of Trust Avenue and... 2016 Yes
Vaishalee Yeldandi Policing the Police: the Status of Immigration Checks in the Context of Rodriguez V. United States 2016 University of Chicago Legal Forum 907 (2016) A recent Supreme Court decision has the potential to change how local and state law enforcement entities enforce immigration laws. In Rodriguez v. United States, the Court examined whether police could prolong an otherwise-completed traffic stop to conduct a dog sniff absent reasonable suspicion. The Court held that a police stop exceeding the... 2016 Yes
Salma S. Safiedine, Jihad J. Komis, Christine M. Kulumani Policy Reform at the Forefront of Racial Justice 31-FALL Criminal Justice 25 (Fall, 2016) as the United States criminal justice system continues to grow and evolve, the need for appropriate policy regulation to increase efficiency and fairness becomes more evident. Legislation sets the fundamentals, such as defining the crimes and their punishment; yet often overlooked is the role of criminal justice policy, formal and informal, which... 2016  
Janel George Populating the Pipeline: School Policing and the Persistence of the School-to-prison Pipeline 40 Nova Law Review 493 (Spring, 2016) I. Introduction. 493 II. How Did We Get Here?. 497 A. Discrimination, Segregation, and Discipline Disparities. 497 B. Surveillance. 502 III. Policing Discipline: The Emergence and Expansion of Police in Schools. 505 A. School Safety and School Discipline: Blurring the Role of Police in Schools. 505 A. Excessive Use of Force in Schools: When... 2016 Yes
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
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