| Author | Title | Citation | Summary | Year |
| Megan Quattlebaum , Tom Tyler |
Beyond the Law: an Agenda for Policing Reform |
100 Boston University Law Review 1017 (May, 2020) |
Legal discussions about how best to manage the use of force by the police have focused on possible changes in the legal standards through which the police are held accountable for their actions--standards established in Graham v. Connor. We argue that such changes are unlikely to change police conduct in desirable ways. The police are currently; Search Snippet: ...of Police Violence Contribution BEYOND THE LAW: AN AGENDA FOR POLICING REFORM Megan Quattlebaum [FNa1] Tom Tyler [FNaa1] Copyright © 2020 by... |
2020 |
| Christina Murray |
Cameras Down, Hands Up: How the Supreme Court Chilled the Development of the First Amendment Right to Record the Police |
71 Mercer Law Review 1125 (Summer, 2020) |
You may not realize this, but the Supreme Court of the United States has possibly jeopardized one of your First Amendment rights: the right to record the police. While this right may mean little to you now, it could serve as a means of protecting your other rights and in keeping law enforcement accountable. Because of the right to record the police; Search Snippet: ...THE DEVELOPMENT OF THE FIRST AMENDMENT RIGHT TO RECORD THE POLICE [FNa1] Christina Murray Copyright © 2020 by Mercer University School of... |
2020 |
| |
Convicted: Do Recent Cases Represent a Shift in Police Accountability? A Research Note |
56 Criminal Law Bulletin 3 (2020) |
Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race, Crime, and Justice; Search Snippet: ...Law Bulletin Convicted: Do Recent Cases Represent a Shift in Police Accountability? A Research Note Delores Jones-Brown * and Kwan... |
2020 |
| Frank Rudy Cooper |
Cop Fragility and Blue Lives Matter |
2020 University of Illinois Law Review 621 (2020) |
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012-2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police; Search Snippet: ...ILLINOIS LAW REVIEW University of Illinois Law Review 2020 Article COP FRAGILITY AND BLUE LIVES MATTER Frank Rudy Cooper [FNa1] Copyright... |
2020 |
| Denise Herd |
Cycles of Threat: Graham V. Connor, Police Violence, and African American Health Inequities |
100 Boston University Law Review 1047 (May, 2020) |
This Essay explores how Graham v. Connor and the policies it codified contribute to multiple and interacting levels of health inequities caused by police violence in African American communities. First, police violence leads to higher rates of deaths, physical injuries, and psychological harm among affected individuals. Second, police violence; Search Snippet: ...of Police Violence Contribution CYCLES OF THREAT: GRAHAM v. CONNOR , POLICE VIOLENCE, AND AFRICAN AMERICAN HEALTH INEQUITIES Denise Herd [FNa1] Copyright... |
2020 |
| Mitch Zamoff |
Determining the Perspective of a Reasonable Police Officer: an Evidence-based Proposal |
65 Villanova Law Review 585 (2020) |
Excessive force jurisprudence in America is in disarray. Although the Supreme Court mandated over thirty years ago that courts determine the constitutionality of allegedly excessive force from the perspective of a reasonable officer on the scene, courts have never seemed more confused about how to make that determination. Without any definitive; Search Snippet: ...Law Review 2020 Article DETERMINING THE PERSPECTIVE OF A REASONABLE POLICE OFFICER: AN EVIDENCE-BASED PROPOSAL Mitch Zamoff [FNa1] Copyright © 2020... |
2020 |
| David Eichert |
Disciplinary Sodomy: Prison Rape, Police Brutality, and the Gendered Politics of Societal Control in the American Carceral System |
105 Cornell Law Review 1775 (September, 2020) |
This Note engages with critical legal scholarship about gender and race to reframe discussions about sodomy in American law. Instead of concentrating on the history and constitutionality of sodomy bans, I instead demonstrate how disciplinary sodomy remains an intrinsic part of the American carceral system. I detail several scenarios in which anal; Search Snippet: ...Cornell Law Review September, 2020 Note DISCIPLINARY SODOMY: PRISON RAPE, POLICE BRUTALITY, AND THE GENDERED POLITICS OF SOCIETAL CONTROL IN THE... |
2020 |
| Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine |
Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants |
26 Psychology, Public Policy, and Law 121 (February, 2020) |
Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does; Search Snippet: ...Law February, 2020 DOCUMENTATION STATUS, NEIGHBORHOOD DISORDER, AND ATTITUDES TOWARD POLICE AND COURTS AMONG LATINA IMMIGRANTS [FNa1] Caitlin Cavanagh Erica Dalzell... |
2020 |
| Cedric Merlin Powell |
Down Here on the Ground: Prosecutorial Discretion, Intersectionality, Police Transparency, and Unintended Consequences |
58 University of Louisville Law Review 407 (Summer, 2020) |
Criminal Justice Reform in the Commonwealth is an inspired collaboration between the Coalition for Public Safety and the University of Louisville Law Review offering a dynamic, critical assessment of the regional, statewide, and national manifestations of structural inequality in the criminal justice system. Building upon a previous symposium on; Search Snippet: ...2019 Symposium DOWN HERE ON THE GROUND: PROSECUTORIAL DISCRETION, INTERSECTIONALITY, POLICE TRANSPARENCY, AND UNINTENDED CONSEQUENCES Cedric Merlin Powell [FNa1] Copyright © 2020... |
2020 |
| Maryah Garner , Anna Harvey , Hunter Johnson |
Estimating Effects of Affirmative Action in Policing: a Replication and Extension |
62 International Review of Law & Economics 1 (June, 2020) |
Article history: Received 7 September 2019 Accepted 8 November 2019 Available online 15 November 2019 JEL classification: H76 J15 J78 K31 Keywords: Affirmative Action Crime Policing Employment Discrimination Many police departments in the United States have experienced externally-imposed affirmative action plans designed to increase the shares of; Search Snippet: ...Law & Economics June, 2020 ESTIMATING EFFECTS OF AFFIRMATIVE ACTION IN POLICING: A REPLICATION AND EXTENSION Maryah Garner [FNa] Anna Harvey [Fnb... |
2020 |
| |
Evaluating Police Uses of Force by Seth W. Stoughton, Jeffrey J. Noble, and Geoffrey P. Alpert, Nyu Press, Https://nyupress.org, 352 Pp.; $60 |
56-OCT Trial 60 (October, 2020) |
This book focuses on the use of physical force by police officers is an issue of great importance that affects the public's attitudes about police and government. The authors--professors Stoughton and Alpert and police consultant Noble--estimate such force is used 600,000 times annually in the United States. They discuss how media coverage can lead; Search Snippet: ...2020 WL 5893618 TRIAL Trial October, 2020 Department Book EVALUATING POLICE USES OF FORCE BY SETH W. STOUGHTON, JEFFREY J. NOBLE... |
2020 |
| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to; Search Snippet: ...Police Violence Contribution FEAR OF A BLACK AND BROWN INTERNET: POLICING ONLINE ACTIVISM [FNd1] Sahar F. Aziz [FNa1] Khaled A. Beydoun... |
2020 |
| Chandra L. Ford |
Graham, Police Violence, and Health Through a Public Health Lens |
100 Boston University Law Review 1093 (May, 2020) |
That police kill black people with impunity is a concerning social issue--but is it a public health problem? In this Essay, I examine how certain public health concepts and approaches can inform both the answer to this question and the development of strategies to address the problem. Drawing on Ruth Wilson Gilmore's definition of racism as the; Search Snippet: ...Apples: Exploring the Legal Determinants of Police Violence Contribution GRAHAM , POLICE VIOLENCE, AND HEALTH THROUGH A PUBLIC HEALTH LENS Chandra L... |
2020 |
| |
Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown |
56 Criminal Law Bulletin 3 (2020) |
Delores Jones-Brown: Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race,; Search Snippet: ...5 Fall 2020 Criminal Law Bulletin Hernández v. Mesa and Police Liability for Youth Homicides Before and After the Death of... |
2020 |
| Shima Baradaran Baughman |
How Effective Are Police? The Problem of Clearance Rates and Criminal Accountability |
72 Alabama Law Review 47 (2020) |
Introduction. 48 I. How to Measure Police Effectiveness. 55 A. Defining Clearance Rates. 56 B. The Problems of Clearance Rates. 59 C. Criminal Accountability: Police Effectiveness at Solving Crime. 65 1. Known Crimes. 66 2. Conviction Rates. 69 3. Imprisonment Rates. 70 4. Crime Resolution Rates. 71 II. Measuring Criminal Accountability. 73 A; Search Snippet: ...LAW REVIEW Alabama Law Review 2020 Article HOW EFFECTIVE ARE POLICE? THE PROBLEM OF CLEARANCE RATES AND CRIMINAL ACCOUNTABILITY Shima Baradaran... |
2020 |
| Richard A. Rosenthal |
Independent Critical Incident Investigation Agencies: a Unique Form of Police Oversight |
83 Albany Law Review 855 (2019-2020) |
In 1990, the Province of Ontario, Canada, created the world's first independent critical incident investigation agency (ICIIA). The Special Investigations Unit (SIU) was given the jurisdiction to conduct criminal investigations of police incidents resulting in death and serious injury. It took another twenty years, however, for this model of; Search Snippet: ...Article INDEPENDENT CRITICAL INCIDENT INVESTIGATION AGENCIES: A UNIQUE FORM OF POLICE OVERSIGHT Richard A. Rosenthal [FNa1] Copyright © 2020 by Albany Law... |
2020 |
| Brittany Temple |
Is "Policing for Profit" Really a Police Power Exception? Civil Asset Forfeiture as an Excessive Fine and the Police Power Exception to the Automatic Stay |
36 Emory Bankruptcy Developments Journal 215 (2020) |
When parallel bankruptcy and civil forfeiture proceedings arise, trustees and creditors are confronted with the issue of whether the police power exception to the automatic stay applies. Courts have widely ruled that civil forfeiture is a police power exception to the automatic stay because of its goal to deter crime and lack of monetary incentive; Search Snippet: ...BANKRUPTCY DEVELOPMENTS JOURNAL Emory Bankruptcy Developments Journal 2020 Comment IS POLICING FOR PROFIT REALLY A POLICE POWER EXCEPTION? CIVIL ASSET FORFEITURE AS AN EXCESSIVE FINE AND THE POLICE POWER EXCEPTION TO THE AUTOMATIC STAY Brittany Temple [FNa1] Copyright... |
2020 |
| Aurélie Ouss, John Rappaport |
Is Police Behavior Getting Worse? Data Selection and the Measurement of Policing Harms |
49 Journal of Legal Studies 153 (January, 2020) |
Public concern about harmful policing is surging. Governments are paying historic amounts for law enforcement liability. Has police behavior changed? Or is society responding differently? Traditional data sources struggle with this question. Common metrics conflate the prevalence and severity of policing harms with the responses of legal actors; Search Snippet: ...STUDIES Journal of Legal Studies January, 2020 PT. 1 IS POLICE BEHAVIOR GETTING WORSE? DATA SELECTION AND THE MEASUREMENT OF POLICING HARMS Aurélie Ouss John Rappaport [FNa1] Copyright © 2020 by The... |
2020 |
| Allen Slater |
It Should Never Be Justified: a Critical Examination of the Binary Paradigm Used to Categorize Police Shootings |
21 Berkeley Journal of African-American Law & Policy 1 (2020) |
Introduction. 2 I. The Stories Behind the Bullet. 5 II. We Are Not Bound to the Binary Paradigm. 7 A. Tennessee v. Garner: The Origin of the Binary Paradigm. 8 B. Scott v. Harris: Police Discretion Widens. 10 C. Plumhoff v. Rickard: Reinforcing the Scott Standard. 11 D. The Real-World Consequences of the Case Law. 12 III. Why Has the Binary; Search Snippet: ...A CRITICAL EXAMINATION OF THE BINARY PARADIGM USED TO CATEGORIZE POLICE SHOOTINGS Allen Slater [FNa1] Copyright © 2020 by Regents of the... |
2020 |
| Sunita Patel |
Jumping Hurdles to Sue the Police |
104 Minnesota Law Review 2257 (May, 2020) |
Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New; Search Snippet: ...May, 2020 Article Civil Procedure JUMPING HURDLES TO SUE THE POLICE Sunita Patel [FNd1] Copyright © 2020 by Sunita Patel Introduction 2258... |
2020 |
| Osagie K. Obasogie |
More than Bias: How Law Produces Police Violence |
100 Boston University Law Review 771 (May, 2020) |
Excessive use of force by law enforcement continues to be a serious problem that leaves bodies broken and communities grieving. This violence is thought to largely emanate from the biased predispositions of individual officers and police departments. While personal and organizational biases are key considerations, it is important to examine the; Search Snippet: ...of Police Violence Contribution MORE THAN BIAS: HOW LAW PRODUCES POLICE VIOLENCE Osagie K. Obasogie [FNa1] Copyright © 2020 by The Trustees... |
2020 |
| I. India Thusi |
On Beauty and Policing |
114 Northwestern University Law Review 1335 (2020) |
To protect and serve is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing; Search Snippet: ...REVIEW Northwestern University Law Review 2020 Article ON BEAUTY AND POLICING [FNd1] I. India Thusi [FNa1] Copyright © 2020 by I. India... |
2020 |
| Delaney E. Anderson |
Overbey V. Mayor of Baltimore: the Cost of Silence and the Impact of Restricting Speech in Police Brutality Settlements |
79 Maryland Law Review 1122 (2020) |
Can the government purchase silence from a someone who its agents beat, shocked with a stun gun, and ridiculed? According to Supreme Court precedent and the United States Court of Appeals for the Fourth Circuit, no. In Overbey v. Mayor of Baltimore, the Fourth Circuit answered the important question of whether the government may impose; Search Snippet: ...COST OF SILENCE AND THE IMPACT OF RESTRICTING SPEECH IN POLICE BRUTALITY SETTLEMENTS Delaney E. Anderson [FNa1] Copyright © 2020 by Delaney... |
2020 |
| Michael Gentithes , Harold J. Krent |
Pandemic Surveillance - the New Predictive Policing |
12 ConLawNOW 57 (2020) |
Now that the first wave of the coronavirus is behind us, what will the future bring? As governments reopen society following lengthy stay-at-home orders, they must strike a difficult balance. If the return to normalcy is too abrupt, infections could spike again in just a few months, creating a death toll as high as it might have been with no; Search Snippet: ...Symposium: Pandemics and the Constitution PANDEMIC SURVEILLANCE - THE NEW PREDICTIVE POLICING Michael Gentithes [FNa1] Harold J. Krent [FNaa1] Copyright © 2020 by... |
2020 |
| Michael dePascale Jr. |
Path to Dystopia |
34-WTR Criminal Justice 26 (Winter, 2020) |
In 2017, there were 836,796 hobbyist drone users in the United States. (Arthur Holland Michel & Dan Gettinger, Ctr. for the Study of the Drone at Bard Coll., Drone Year in Review: 2017, at 10 (2018), Hobbyist drone users range from people who fly drones for fun to those who fly them to spy on others. Whether drone; Search Snippet: ...Criminal Justice Winter, 2020 Feature PATH TO DYSTOPIA Drone-Based Policing and the Fourth Amendment Michael dePascale Jr. [FNa1] Copyright © 2020... |
2020 |
| Aaron Kupchik , F. Chris Curran , Benjamin W. Fisher , Samantha L. Viano |
Police Ambassadors: Student-police Interactions in School and Legal Socialization |
54 Law and Society Review 391 (June, 2020) |
The recent influx of police officers into US public schools has reshaped the context and frequency of children's interactions with police. Yet we know little about how the presence of these officers in schools impacts the legal socialization of students, and whether youth of color might be affected or socialized in different ways than white youth; Search Snippet: ...AND SOCIETY REVIEW Law and Society Review June, 2020 Article POLICE AMBASSADORS: STUDENT- POLICE INTERACTIONS IN SCHOOL AND LEGAL SOCIALIZATION Aaron Kupchik [FNd1] [FNa1... |
2020 |
| Ronald J. Coleman |
Police Body Cameras: Go Big or Go Home? |
68 Buffalo Law Review 1353 (December, 2020) |
Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body; Search Snippet: ...7654344 BUFFALO LAW REVIEW Buffalo Law Review December, 2020 Article POLICE BODY CAMERAS: GO BIG OR GO HOME? Ronald J. Coleman... |
2020 |
| Stephen Rushin, Roger Michalski |
Police Funding |
72 Florida Law Review 277 (March, 2020) |
A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct; Search Snippet: ...2612284 FLORIDA LAW REVIEW Florida Law Review March, 2020 Article POLICE FUNDING Stephen Rushin Roger Michalski [FNa1] Copyright © 2020 by the... |
2020 |
| Dara E. Purvis , Melissa Blanco |
Police Sexual Violence: Police Brutality, #Metoo, and Masculinities |
108 California Law Review 1487 (October, 2020) |
A woman alleges that she was raped by a police officer while in police custody. The police officer acknowledges that he had sexual intercourse with the woman but argues that she consented to the interaction. Despite the clear power imbalance and troubling context of the sexual activity, in a majority of U.S. states, if the police officer convinces; Search Snippet: ...6589686 CALIFORNIA LAW REVIEW California Law Review October, 2020 Article POLICE SEXUAL VIOLENCE: POLICE BRUTALITY, #METOO, AND MASCULINITIES Dara E. Purvis [FNa1] Melissa Blanco... |
2020 |
| Luke M. Milligan |
Police Transparency and the Exclusionary Rule |
58 University of Louisville Law Review 467 (Summer, 2020) |
Our country has been marked this year by graphic imagery of police brutality and ferocious public protest. Reforming police departments is unquestionably vital business, with much in the balance, including life, liberty, property, security, dignity, and equal treatment under law. In order to fully and fairly assess proposed reform measures, we; Search Snippet: ...2020 Article Criminal Justice Reform in the Commonwealth--2019 Symposium POLICE TRANSPARENCY AND THE EXCLUSIONARY RULE Luke M. Milligan [FNa1] Copyright... |
2020 |
| Rafael A. Mangual |
Police Use of Force and the Practical Limits of Popular Reform Proposals: a Response to Rizer and Mooney |
21 Federalist Society Review 128 (May 21, 2020) |
The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for a particular position, as here, we offer other perspectives on the issue, including ones opposed to the position taken in the article. This article is a; Search Snippet: ...SOCIETY REVIEW Federalist Society Review May 21, 2020 Federalist Society POLICE USE OF FORCE AND THE PRACTICAL LIMITS OF POPULAR REFORM... |
2020 |
| Trevor George Gardner |
Police Violence and the African American Procedural Habitus |
100 Boston University Law Review 849 (May, 2020) |
How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal; Search Snippet: ...Bad Apples: Exploring the Legal Determinants of Police Violence Contribution POLICE VIOLENCE AND THE AFRICAN AMERICAN PROCEDURAL HABITUS Trevor George Gardner... |
2020 |
| Rebecca Kiley |
Policing the Open Road: How Cars Transformed American Freedom by Sarah A. Seo (Harvard University Press) 2019, 352 Pages |
101 Massachusetts Law Review 34 (February, 2020) |
The insight animating Sarah Seo's new book, Policing the Open Road: How Cars Transformed American Freedom, is what she calls the automobile paradox: the car is simultaneously a source of incredible mobility and privacy, and the most policed aspect of everyday life. Policing the Open Road charts the key role of the automobile in the development; Search Snippet: ...MASSACHUSETTS LAW REVIEW Massachusetts Law Review February, 2020 Book Review POLICING THE OPEN ROAD: HOW CARS TRANSFORMED AMERICAN FREEDOM BY SARAH... |
2020 |
| John S. Clayton |
Policing the Press: Retaliatory Arrests of Newsgatherers after Nieves V. Bartlett |
120 Columbia Law Review 2275 (December, 2020) |
Dating back to the Founding, theorists have touted the checking value of the press in exposing government corruption and abuse. Pretextual arrests targeting professional and citizen journalists raise significant First Amendment concerns. Even a brief, catch-and-release detainment may altogether prevent a newsgatherer from capturing images or; Search Snippet: ...7980235 COLUMBIA LAW REVIEW Columbia Law Review December, 2020 Note POLICING THE PRESS: RETALIATORY ARRESTS OF NEWSGATHERERS AFTER NIEVES v. BARTLETT... |
2020 |
| Barry Friedman , Elizabeth G. Jánszky |
Policing's Information Problem |
99 Texas Law Review 1 (November, 2020) |
We spend over $100 billion each year on policing in the United States, yet have very little idea of what keeps us safe. From the adoption of new technologies like facial recognition to militarization to stop-and-frisk tactics, and much else, police in the United States pursue public safety strategies without understanding the full range of costs or; Search Snippet: ...7024220 TEXAS LAW REVIEW Texas Law Review November, 2020 Article POLICING'S INFORMATION PROBLEM Barry Friedman [FNa1] Elizabeth G. Jánszky [FNaa1] Copyright... |
2020 |
| Jeffrey Fagan, Amanda Geller |
Profiling and Consent: Stops, Searches, and Seizures after Soto |
27 Virginia Journal of Social Policy and the Law 16 (Spring, 2020) |
Introduction. 18 I. Federal Interventions in Local Law Enforcement Under Section 14141. 23 A. Federal Litigation as a Strategy for Institutional Reform. 23 B. Racial Profiling in New Jersey and the 1999 Consent Decree. 26 C. The End of Profiling?. 29 II. Theory and Research on Raceand Selective Enforcement. 31 A. Social and Legal Definitions of ; Search Snippet: ...14141 and 42 U.S.C. § 3789d(c) , alleging claims of racial profiling by the troopers of the New Jersey State Police (hereafter, NJSP). [FN2] The Consent Decree required that state troopers... |
2020 |
| |
Prominent Claims That Policing Is Not Racially Biased Rest on Flawed Science |
56 Criminal Law Bulletin 2 (2020) |
Dean Knox is an Assistant Professor of Operations, Information, and Decisions at the Wharton School, University of Pennsylvania. Jonathan Mummolo is an Assistant Professor of Politics and Public Affairs at Princeton University. They specialize in the study of police behavior; Search Snippet: ...Issue 5 Fall 2020 Criminal Law Bulletin Prominent Claims that Policing is Not Racially Biased Rest on Flawed Science Dean Knox... |
2020 |
| Maybell Romero |
Prosecutors and Police: an Unholy Union |
54 University of Richmond Law Review 1097 (May, 2020) |
Prosecutors work with police day in, day out, and typically they're reluctant to criticise them or investigate them. In June of 1989 John Buchanan, with the National Institute of Justice, observed what was then a persistent problem: a frequent and characteristic want of cooperation between the investigating and prosecuting agencies in the same; Search Snippet: ...University of Richmond Law Review May, 2020 Article PROSECUTORS AND POLICE: AN UNHOLY UNION Maybell Romero [FNa1] Copyright © 2020 by University... |
2020 |
| Jeffrey Fagan , Alexis D. Campbell |
Race and Reasonableness in Police Killings |
100 Boston University Law Review 951 (May, 2020) |
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer's assessment of whether threats to their safety or the safety of others requires; Search Snippet: ...Bad Apples: Exploring the Legal Determinants of Police Violence Contribution RACE AND REASONABLENESS IN POLICE KILLINGS Jeffrey Fagan [FNa1] Alexis D. Campbell [FNaa1] Copyright © 2020... |
2020 |
| Michael Siegel |
Racial Disparities in Fatal Police Shootings: an Empirical Analysis Informed by Critical Race Theory |
100 Boston University Law Review 1069 (May, 2020) |
Although the use of excessive force by police has been a concern within communities of color for decades, the issue recently reached the public consciousness through media coverage of a number of high-profile police killings of unarmed Black victims. In explaining these events, the common understanding has been that there are some bad apples; Search Snippet: ...Bad Apples: Exploring the Legal Determinants of Police Violence Contribution RACIAL DISPARITIES IN FATAL POLICE SHOOTINGS: AN EMPIRICAL ANALYSIS INFORMED BY CRITICAL RACE THEORY Michael Siegel [FNa1] Copyright © 2020 by The Trustees of... |
2020 |
| Steven M. Salky , Joshua A. Levy , Email stevensalky@gmail.com, Levy Firestone Muse LLP, Washington, DC, 202-845-3215, Email jal@levyfirestone.com, Website www.levyfirestone.com |
Reforming Police Use of Deadly Force to Arrest |
44-JUN Champion 52 (June, 2020) |
The killing of George Floyd by a police officer during an arrest for the alleged passing of a counterfeit $20 bill has reignited the long-standing call for reforming police practices. Central to the Floyd case, as well as numerous other arrests of unarmed Black men that have spiraled into death, is the issue of when police are authorized to use; Search Snippet: ...52 2020 WL 4919435 CHAMPION Champion June, 2020 Feature REFORMING POLICE USE OF DEADLY FORCE TO ARREST Steven M. Salky [FNa1... |
2020 |
| Richard Delgado |
Remedies for Police Shootings: a Comment on Slater |
21 Berkeley Journal of African-American Law & Policy 37 (2020) |
Introduction. 37 I. The Reigning Paradigm: Justified or Not Justified?. 38 II. Why Has a Binary Paradigm for Police Shootings Arisen and Persisted?. 39 A. Parties, Rich or Poor. 39 B. Suits Against Respected Defendants. 40 C. Similar Situations Where a Remedial Paradigm Exhibits Class Favoritism. 40 D. The Backdrop: A History of Race- and; Search Snippet: ...Berkeley Journal of African-American Law & Policy 2020 REMEDIES FOR POLICE SHOOTINGS: A COMMENT ON SLATER Richard Delgado [FNa1] Copyright © 2020... |
2020 |
| Scott W. Stern |
Rethinking Complicity in the Surveillance of Sex Workers: Policing and Prostitution in America's Model City |
31 Yale Journal of Law & Feminism 411 (2020) |
This Note uncovers a history that has been largely ignored, dismissed, and sometimes even intentionally obscured: the history of the policing of sex workers in the twentieth century. When most lawyers think about the surveillance of sex workers, they think of a standard cast of characters: police, prosecutors, pimps, purchasers, and; Search Snippet: ...2020 Note RETHINKING COMPLICITY IN THE SURVEILLANCE OF SEX WORKERS: POLICING AND PROSTITUTION IN AMERICA'S MODEL CITY Scott W. Stern [FNa1... |
2020 |
| Marie Pryor , Kim Shayo Buchanan , Phillip Atiba Goff |
Risky Situations: Sources of Racial Disparity in Police Behavior |
16 Annual Review of Law and Social Science 343 (2020) |
racism, policing, discrimination, behavioral realism, bias, police decision making Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their; Search Snippet: ...of Law and Social Science 2020 RISKY SITUATIONS: SOURCES OF RACIAL DISPARITY IN POLICE BEHAVIOR Marie Pryor [FN1] [FN2] Kim Shayo Buchanan [FN2] Phillip... |
2020 |
| Namrata Kakade |
Sloshing Through the Factbound Morass of Reasonableness: Predictive Algorithms, Racialized Policing, and Fourth Amendment Use of Force |
88 George Washington Law Review 788 (May, 2020) |
The Supreme Court developed the Fourth Amendment doctrine of reasonableness during a time before big data technology had lent itself to powerful algorithms that police could use to predict the likelihood of criminal activity. Now, police are able to use presumably objective algorithms that assign individuals dangerousness scores based on racially; Search Snippet: ...SLOSHING THROUGH THE FACTBOUND MORASS OF REASONABLENESS: PREDICTIVE ALGORITHMS, RACIALIZED POLICING, AND FOURTH AMENDMENT USE OF FORCE Namrata Kakade [FNa1] Copyright... |
2020 |
| Jason Mazzone, Stephen Rushin |
State Attorneys General as Agents of Police Reform |
69 Duke Law Journal 999 (February, 2020) |
State attorneys general can and should play an important role in remedying police violations of constitutional rights. In 1994, Congress enacted 34 U.S.C. § 12601 to authorize the U.S. attorney general to seek equitable relief against state and local police departments engaged in patterns or practices of misconduct. The Department of Justice; Search Snippet: ...Journal February, 2020 Article STATE ATTORNEYS GENERAL AS AGENTS OF POLICE REFORM Jason Mazzone Stephen Rushin [FNd1] Copyright © 2020 by Jason... |
2020 |
| Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler |
Stepping into the Shoes of the Department of Justice: the Unusual, Necessary, and Hopeful Path the Illinois Attorney General Took to Require Police Reform in Chicago |
15 Northwestern Journal of Law & Social Policy 121 (Winter, 2020) |
[W]e can't continue to let this go on. Someone has to have the will, someone has to have the serious will, to want to have this change ..--Testimony of Karl Brinson, President of Chicago West Side Branch of NAACP, during the fairness hearing. The decree takes an important step forward in the City of Chicago's ongoing efforts to repair the; Search Snippet: ...AND HOPEFUL PATH THE ILLINOIS ATTORNEY GENERAL TOOK TO REQUIRE POLICE REFORM IN CHICAGO Lisa Madigan Cara Hendrickson Karyn L. Bass... |
2020 |
| Jessica M. Salerno, Justin Sanchez , Arizona State University |
Subjective Interpretation of "Objective" Video Evidence: Perceptions of Male Versus Female Police Officers' Use-of-force |
44 Law and Human Behavior 97 (April, 2020) |
Objective: The police face great scrutiny after highly publicized instances of lethal force. Dash-camera footage ostensibly provides objective evidence of whether the force was excessive. We tested whether participants interpreted the same objective video of an officer exerting force differently based on the officer's gender and race; Search Snippet: ...INTERPRETATION OF OBJECTIVE VIDEO EVIDENCE: PERCEPTIONS OF MALE versus FEMALE POLICE OFFICERS' USE-OF-FORCE [FNd1] Jessica M. Salerno Justin Sanchez... |
2020 |
| Sharon R. Fairley |
Survey Says?: U.s. Cities Double down on Civilian Oversight of Police Despite Challenges and Controversy |
2020 Cardozo Law Review de novo 1 (2020) |
The emergence of police accountability as an issue of concern in communities across the nation has led to a watershed era in the evolution of accountability systems involving civilian oversight of municipal police agencies. In recent years, several municipalities have opted to either create or enhance existing civilian oversight systems, despite; Search Snippet: ...SURVEY SAYS?: U.S. CITIES DOUBLE DOWN ON CIVILIAN OVERSIGHT OF POLICE DESPITE CHALLENGES AND CONTROVERSY Sharon R. Fairley [FNd1] Copyright © 2020... |
2020 |
| Karen J. Pita Loor |
Tear Gas + Water Hoses + Dispersal Orders: the Fourth Amendment Endorses Brutality in Protest Policing |
100 Boston University Law Review 817 (May, 2020) |
Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable siezures. However, the Court showed extreme deference to law enforcement's use of force by using a permissive reasonableness analysis; Search Snippet: ...HOSES + DISPERSAL ORDERS: THE FOURTH AMENDMENT ENDORSES BRUTALITY IN PROTEST POLICING Karen J. Pita Loor [FNa1] Copyright © 2020 by The Trustees... |
2020 |