AuthorTitleCitationSummaryYear
Devon W. Carbado From Stop and Frisk to Shoot and Kill: Terry V. Ohio's Pathway to Police Violence 64 UCLA Law Review 1508 (December, 2017) Much of the debate about race and police violence against African Americans center on a question about causation: What precisely causes police violence against African Americans? For some, the answer is decidedly simple: rogue police officers acting outside of the boundaries of the law. For others, the answer is far more complex and implicates a... 2017
Devon W. Carbado From Stopping Black People to Killing Black People: the Fourth Amendment Pathways to Police Violence 105 California Law Review 125 (February, 2017) The years 2014 to 2016 likely will go down as a significant if not watershed period in the history of U.S. race relations. Police killing of African Americans has engendered further conversations about race and policing. Yet, in most of the discussions about these tragic deaths, little attention has been paid to a significant dimension of the... 2017
Isabella Nascimento Hands Up, Don't Shoot: the Use of Deadly Force by Police Against Racial Minorities in the United States 24 U.C. Davis Journal of International Law and Policy 63 (Fall, 2017) Recently, the U.S. has attracted negative attention because of the prevalence of the use of deadly force by police against Black Americans. The public--both national and international--have criticized the U.S.'s culture of police impunity, claiming that it is in violation of various international human rights treaties. This Comment analyzes the... 2017
Stephen L. Braga, Professor of Law, University of Virginia School of Law Holloman V. Markowski 36 Developments in Mental Health Law L. 1 (Fall, 2017) This past court term, the United States Court of Appeals for the Fourth Circuit decided the case of Holloman v. Markowski, No. 15-1878 (4th Cir. Oct. 7, 2016). Four years earlier, Marcella Holloman's mentally ill son Maurice Johnson (Johnson) was shot to death by two officers of the Baltimore Police Department (BPD). Holloman sued the officers... 2017
Stephen L. Braga, Professor of Law, University of Virginia School of Law Holloman V. Markowski 36 Developments in Mental Health Law 1 (Fall, 2017) This past court term, the United States Court of Appeals for the Fourth Circuit decided the case of Holloman v. Markowski, No. 15-1878 (4th Cir. Oct. 7, 2016). Four years earlier, Marcella Holloman's mentally ill son Maurice Johnson (Johnson) was shot to death by two officers of the Baltimore Police Department (BPD). Holloman sued the officers; Search Snippet: ...Article HOLLOMAN v. MARKOWSKI An Opportunity for Further Reflection on Police Encounters with People in Mental Health Crisis Stephen L. Braga... 2017
Eleanor Lumsden How Much Is Police Brutality Costing America? 40 University of Hawaii Law Review 141 (Winter 2017) L1-2INTRODUCTION . L3142 I. A BRIEF HISTORY OF POLICING. 145 II. FEDERAL LAW. 155 A. The United States Constitution. 155 B. Federal Statutory Law. 158 III. THE COMMON LAW OF TORTS. 162 IV. THE COSTS OF POLICE BRUTALITY. 165 A. Direct, Current Costs. 165 1. Costs to Victims. 165 2. Broken Homes and Families. 172 B. Indirect, Current Costs. 174 1.... 2017
John Rappaport How Private Insurers Regulate Public Police 130 Harvard Law Review 1539 (April, 2017) C1-3CONTENTS L1-2Introduction . L31541 I. The Provision of Police Liability Insurance. 1550 A. Conceptual Overview of Liability Insurance. 1551 B. The 1980s Insurance Crisis and the Rise of Intergovernmental Risk Pools. 1555 C. The Contemporary Market for Police Liability Insurance. 1558 1. Commercial Insurance, Risk Pooling, and Self-Insurance.... 2017
Kimberly Barsamian Kahn, Joel S. Steele, Jean M. McMahon, Greg Stewart , Portland State University How Suspect Race Affects Police Use of Force in an Interaction over Time 41 Law and Human Behavior 117 (April, 2017) Although studies often find racial disparities in policing outcomes, less is known about how suspect race biases police interactions as they unfold. This study examines what is differentially occurring during police-suspect interactions for White, Black, and Latino suspects across time. It is hypothesized that racial bias may be more evident... 2017
L. Song Richardson Implicit Racial Bias and Racial Anxiety: Implications for Stops and Frisks 15 Ohio State Journal of Criminal Law 73 (Fall, 2017) I. Introduction. 74 II. Implicit Racial Bias and Racial Anxiety. 75 A. Judgments of Suspicion: The Influence of Implicit Racial Bias. 75 1. Increased Scrutiny. 76 2. Biased Evaluations of Ambiguous Behaviors. 76 B. Interactions: The Influence of Racial Anxiety. 78 III. Implications for Policing and the Fourth Amendment. 81 A. Acting on Racial... 2017
Rachel Moran In Police We Trust 62 Villanova Law Review 953 (2017) IN the opening episode of the extraordinary 2016 documentary O.J.: Made in America, Joe Saltzman--a professor at the University of Southern California during the 1960s, when O.J. Simpson played football there--weighs in on the issue of Los Angeles police officers' maltreatment of black and brown Los Angeleños during that time period. I didn't... 2017
Jamila Jefferson-Jones Introduction to Symposium Issue: Race and Police Power 85 UMKC Law Review 539 (Spring, 2017) In the nearly three years that have passed since the shooting of Michael Brown in Ferguson, Missouri, activists, reformers, politicians, legal commentators, and the general public are still grappling with the question of what progress, if any, has been made to address issues of race and police misconduct. This symposium issue explores the topic of... 2017
Nicholas J. Johnson Lawful Gun Carriers (Police and Armed Citizens): License, Escalation, and Race 80 Law and Contemporary Problems 209 (2017) We take lawful gun carriers for granted--at least some of them. We are acclimated to armed men and women in uniforms. We accept that those people are charged with enforcing rules that our society has agreed on, including the possibility that state agents might use guns to enforce those rules. In a broad range of circumstances, we validate the... 2017
Katherine J. Bies Let the Sunshine In: Illuminating the Powerful Role Police Unions Play in Shielding Officer Misconduct 28 Stanford Law and Policy Review 109 (2017) Introduction. 110 I. Arguments for and Against Police Officer Misconduct Confidentiality Laws. 113 A. Overview of Confidentiality Legislation. 114 B. The Argument for Confidentiality. 115 C. Countervailing Public Interest: Transparency and Accountability. 117 1. Accountable and Transparent Decision-making. 118 2. Trust and Community Relations. 119... 2017
  Litigating Police Misconduct: Does the Litigation Process Matter? Does it Work? 11 Northwestern Journal of Law & Social Policy 366 (Fall, 2017) TRANSCRIPT OF PROCEEDINGS held at Northwestern University School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015, at 11:00 a.m. MODERATOR: MR. LOCKE E. BOWMAN, Clinical Professor of Law at Northwestern University School of Law, and Executive Director of the Roderick and Solange MacArthur... 2017
Azadeh Shahshahani Local Police Entanglement with Immigration Enforcement in Georgia 2017 Cardozo Law Review de novo 105 (2017) C1-2Table of Contents Introduction. 105 I. Section 287(g). 106 II. House Bill 87. 111 III. Secure Communities. 113 IV. Priority Enforcement Program. 116 Conclusion. 118 2017
Francis X. Shen Minority Mens Rea: Racial Bias and Criminal Mental States 68 Hastings Law Journal 1007 (June, 2017) The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making minority mens rea a centerpiece of the justice process. This Article presents an empirical investigation of how jury eligible subjects decode minority mens... 2017
Andrew C. Hanna Municipal Liability and Police Training for Mental Illness: Causes of Action and Feasible Solutions 14 Indiana Health Law Review 221 (2017) C1-3Table of Contents I. Introduction. 222 A. The Issue. 223 B. Roadmap. 227 II. Background. 228 A. Law Enforcement as First Responders. 228 B. Deinstitutionalization. 232 C. Current Police Training for Mental Illness. 234 D. Deadly Consequences. 236 III. Municipal Liability. 238 A. The Americans with Disabilities Act (ADA). 238 1. Causes of; Search Snippet: ...REVIEW Indiana Health Law Review 2017 Note MUNICIPAL LIABILITY AND POLICE TRAINING FOR MENTAL ILLNESS: CAUSES OF ACTION AND FEASIBLE SOLUTIONS... 2017
Jelani Jefferson Exum Nearsighted and Colorblind: the Perspective Problems of Police Deadly Force Cases 65 Cleveland State Law Review 491 (2017) In dealing with the recently publicized instances of police officers' use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police--the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to... 2017
Jeffrey Fagan , Elliott Ash New Policing, New Segregation: from Ferguson to New York 106 Georgetown Law Journal Online 33 (2017) In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the New Policing. Breaking with a past tradition of reactive policing, the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The... 2017
Lindsey de Stefan No Man Is above the Law and No Man Is below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct 47 Seton Hall Law Review 543 (2017) In recent months, it has been difficult to ignore the overwhelming presence of police violence in the media. Hardly a month has gone by without headlines asserting use of excessive force, brutality, or other misconduct in some corner of the United States. It seems that no region of the nation has been unaffected by the violence, with civilian... 2017
Jeremy Dunham, Holly Lawford-Smith, University of Sheffield, Department of Philosophy, j.dunham@sheffield.ac.uk, University of Sheffield, Department of Philosophy, h.lawford-smith@sheffield.ac.uk Offsetting Race Privilege 11 Journal of Ethics & Social Philosophy Phil. 1 (January, 2017) ON SATURDAY, AUGUST 9, 2014, Michael Brown was shot - six times - and killed by Darren Wilson, a white police officer in Ferguson, Missouri (see e.g., Buchanan et al. (2014)). Since that date, Ferguson has been the center of a movement in the United States against what amounts to modern racial separation. Brown was the fourth unarmed black man to... 2017
Cynthia H. Conti-Cook Open Data Policing 106 Georgetown Law Journal Online Online 1 (2017) More than any other promised police reform, the public would benefit from the government adopting an open data philosophy towards police accountability data. Open data in the context of public policy is the philosophy that when the government provides people access to its process, decision-making, and data, a more effective ecosystem for... 2017
Cynthia H. Conti-Cook Open Data Policing 106 Georgetown Law Journal Online 1 (2017) More than any other promised police reform, the public would benefit from the government adopting an open data philosophy towards police accountability data. Open data in the context of public policy is the philosophy that when the government provides people access to its process, decision-making, and data, a more effective ecosystem for; Search Snippet: ...LAW JOURNAL ONLINE Georgetown Law Journal Online 2017 OPEN DATA POLICING Cynthia H. Conti-Cook [FNa1] Copyright © 2017 by The Georgetown... 2017
  Plain Touch & Stop-and-frisk Policing: the Intersection of Race, Drugs, and Disorder 53 Criminal Law Bulletin 3 (2017) Michael S. Klein is an Assistant Professor in the Department of Criminology at Lynchburg College. He received his Ph.D. in Criminal Justice from Washington State University. His primary research interests are legal issues in criminal justice, juvenile delinquency, and school violence. Contact information: Lynchburg College, 1501 Lakeside Dr.,; Search Snippet: ...Winter 2017 Criminal Law Bulletin Plain Touch & Stop-and-Frisk Policing: The Intersection of Race, Drugs, and Disorder Michael S. Klein * Introduction Research shows... 2017
Gary E. Lippman Police Body Cameras Part Ii: Will Body Cameras Improve Policing in Florida? 91-AUG Florida Bar Journal 59 (July/August, 2017) Part one of this article, in the December 2016 issue of the Journal, explored whether the growing use of police body cameras, a practice with a variety of impacts on officers' employment, would be the subject of mandatory collective bargaining in Florida. I now address the broader question of whether such devices would improve the delivery and cost; Search Snippet: ...Bar Journal July/August, 2017 Column Labor and Employment Law POLICE BODY CAMERAS PART II: WILL BODY CAMERAS IMPROVE POLICING IN FLORIDA? Gary E. Lippman [FNa1] Copyright © 2017 by The... 2017
Corinthia A. Carter Police Brutality, the Law & Today's Social Justice Movement: How the Lack of Police Accountability Has Fueled #Hashtag Activism 20 CUNY Law Review 521 (Spring, 2017) C1-2Contents I. Introduction. 522 II. Contextual Perception of the Laws. 525 III. The Law. 528 A. 18 U.S.C. § 242. 528 B. 42 U.S.C. § 1983. 529 C. 42 U.S.C. § 14141. 530 D. Successes and Shortcomings of the Federal Provisions. 531 IV. Current State and Local Remedies. 537 A. Criminal Code. 537 B. Civilian (Complaint) Review Boards. 538 C.... 2017
  Police in America: Ensuring Accountability and Mitigating Racial Bias 11 Northwestern Journal of Law & Social Policy 385 (Fall, 2017) KEYNOTE ADDRESS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015. KEYNOTE SPEAKER: MR. PAUL BUTLER, Professor of Law, Georgetown University Law Center (Washington, D.C.). PROFESSOR BEDI: Okay. Welcome back, everybody. We are going to get started with... 2017
  Police in America: Ensuring Accountability and Mitigating Racial Bias 11 Northwestern Journal of Law & Social Policy 354 (Fall, 2017) UNDERSTANDING AND OVERCOMING IMPLICIT BIAS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13 day of November, A.D. 2015. FEATURED SPEAKER: Professor Destiny Peery; Introduction by Professor Locke Bowman. PROFESSOR BOWMAN: Good morning and welcome, everyone. My name is Locke Bowman.... 2017
William Briggs Police Oversight: Civilian Oversight Boards and Lessons Learned from Our Neighbors to the North 40 Suffolk Transnational Law Review 139 (Winter, 2017) In recent years the United States has witnessed a growing divide between its citizenry and police force. Recent decisions declining to indict white police officers for the killings of two unarmed black men in Ferguson, Missouri, and Staten Island, New York have acted to further widen this divide. These events have called into question the... 2017
Monica C. Bell Police Reform and the Dismantling of Legal Estrangement 126 Yale Law Journal 2054 (May, 2017) In police reform circles, many scholars and policymakers diagnose the frayed relationship between police forces and the communities they serve as a problem of illegitimacy, or the idea that people lack confidence in the police and thus are unlikely to comply or cooperate with them. The core proposal emanating from this illegitimacy diagnosis is... 2017
Saul M. Kassin, Jeff Kukucka, Victoria Z. Lawson, John DeCarlo, John Jay College of Criminal Justice, Towson University, Institute for State and Local Governance of the City University of New York, University of New Haven Police Reports of Mock Suspect Interrogations: a Test of Accuracy and Perception 41 Law and Human Behavior 230 (June, 2017) A 2-phased experiment assessed the accuracy and completeness of police reports on mock interrogations and their effects on people's perceptions. In Phase 1, 16 experienced officers investigated a mock crime scene, interrogated 2 innocent suspects--1 described by the experimenter as more suspicious than the other--and filed an incident report. All; Search Snippet: ...LAW AND HUMAN BEHAVIOR Law and Human Behavior June, 2017 POLICE REPORTS OF MOCK SUSPECT INTERROGATIONS: A TEST OF ACCURACY AND... 2017
Stephen Rushin Police Union Contracts 66 Duke Law Journal 1191 (March, 2017) This Article empirically demonstrates that police departments' internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability. Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution... 2017
Catherine L. Fisk, L. Song Richardson Police Unions 85 George Washington Law Review 712 (May, 2017) No issue has been more controversial in the discussion of police union responses to allegations of excessive force than statutory and contractual protections for officers accused of misconduct, as critics assail such protections and police unions defend them. For all the public controversy over police unions, there is relatively little legal... 2017
Osagie K. Obasogie, Zachary Newman Police Violence, Use of Force Policies, and Public Health 43 American Journal of Law & Medicine 279 (2017) Racialized police violence is a recurring issue. Recent social movements have re-centered police violence as a subject of public discourse, yet there has been little progress in reducing the number of people killed by police. Without further efforts in research and legal reform, this everyday crisis will continue. Thus, material interventions... 2017
Alberto R. Gonzales , Donald Q. Cochran Police-worn Body Cameras: an Antidote to the "Ferguson Effect"? 82 Missouri Law Review 299 (Spring, 2017) You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you... 2017
Tracey Meares Policing and Procedural Justice: Shaping Citizens' Identities to Increase Democratic Participation 111 Northwestern University Law Review 1525 (2017) Like the education system, the criminal justice system offers both formal, overt curricula--found in the Bill of Rights, and informal or hidden curricula--embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as peace; Search Snippet: ...Symposium Empirical Foundations: Shared Norms, Lay Intuitions, Legitimacy, and Compliance POLICING AND PROCEDURAL JUSTICE: SHAPING CITIZENS' IDENTITIES TO INCREASE DEMOCRATIC PARTICIPATION... 2017
Andrew Guthrie Ferguson Policing Predictive Policing 94 Washington University Law Review 1109 (2017) Predictive policing is sweeping the nation, promising the holy grail of policing--preventing crime before it happens. The technology has far outpaced any legal or political accountability and has largely escaped academic scrutiny. This article examines predictive policing's evolution with the goal of providing the first practical and theoretical... 2017
Angela Onwuachi-Willig Policing the Boundaries of Whiteness: the Tragedy of Being "Out of Place" from Emmett till to Trayvon Martin 102 Iowa Law Review 1113 (March, 2017) This Article takes what many view as an extraordinary case about racial hatred from 1955, the Emmett Till murder and trial, and analyzes it against the Trayvon Martin killing and trial outcome in 2012 and 2013. Specifically, this Article exposes one important, but not yet explored similarity between the two cases: their shared role in... 2017
David E. Patton Policing the Poor and the Two Faces of the Justice Department 44 Fordham Urban Law Journal 1431 (November, 2017) Introduction. 1431 I. The Civil Rights Division and Policing. 1435 II. The United States Attorneys' Offices and Policing. 1440 Conclusion. 1446 2017
Debo P. Adegbile Policing Through an American Prism 126 Yale Law Journal 2222 (May, 2017) Policing practices in America are under scrutiny. Video clips, protests, and media coverage bring attention and a sense of urgency to fatal police civilian incidents that are often accompanied by broader calls for reform. Tensions often run high after officer involved shootings of unarmed civilians, and minority communities, law enforcement, and... 2017
Bennett Capers Policing, Technology, and Doctrinal Assists 69 Florida Law Review 723 (May, 2017) Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government's use of technology as a surveillance tool is an insidious assault on our freedom. That it is nearly impossible to live today without generating thousands of records about what we watch, read, buy and do--and the... 2017
Devon W. Carbado Predatory Policing 85 UMKC Law Review 545 (Spring, 2017) This essay explains how predatory policing and mass criminalization interact to expose African-Americans not only to ongoing police surveillance, contact, and social control, but also to economic exploitation and state violence in the form of arrest, incarceration, serious bodily injury, and death. In the context of offering an overarching... 2017
Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500, Website www.ndsny.org, E-mail rjones@ndsny.org Predictive Policing: the Modernization of Historical Human Injustice 41-OCT Champion 5 (September/October, 2017) A cell-site stimulator--or stingray as it is commonly called--allows the owner to electronically mimic a cellphone tower. By using a stronger signal than an actual tower, a stingray effectively forces a cellphone to connect to the device rather than a tower. Developed for clients like the NSA, Special Forces and CIA, a stingray allows the; Search Snippet: ...CHAMPION Champion September/October, 2017 Column From the President PREDICTIVE POLICING: THE MODERNIZATION OF HISTORICAL HUMAN INJUSTICE Rick Jones [FNa1] Neighborhood... 2017
Rachel A. Harmon , Andrew Manns Proactive Policing and the Legacy of Terry 15 Ohio State Journal of Criminal Law 49 (Fall, 2017) Fourth Amendment cases largely focus on a single aspect of policing: criminal investigation. Terry v. Ohio revealed a different side of policing, one in which officers patrol urban streets and intervene to solve problems as they emerge. Though not complete, Terry's representation of policing is far more like everyday patrol policing than the... 2017
Tom Tyler Procedural Justice and Policing: a Rush to Judgment? 13 Annual Review of Law and Social Science 29 (2017) procedural justice, legitimacy, consensual models of authority, coercion, trust in the police, compliance, cooperation, identification, engagement Within policing research there is currently little research examining the role of procedural justice in shaping legitimacy and considering their joint role in shaping compliance. However, large; Search Snippet: ...Review of Law and Social Science 2017 PROCEDURAL JUSTICE AND POLICING: A RUSH TO JUDGMENT? Tom Tyler [FNa1] Copyright © 2017 by... 2017
Darrell D. Jackson, JD, PhD Profiling the Police: Flipping 20 Years of Whren on its Head 85 UMKC Law Review 671 (Spring, 2017) In this article, I argue a simple, time-honored philosophy - What's good for the goose is good for the gander. The Supreme Court and a large swath of law enforcement appear to be comfortable with the idea of profiling - racially and generally. Simultaneously, historically marginalized communities throughout the country are calling for increased... 2017
I. Bennett Capers Race, Policing, and Technology 95 North Carolina Law Review 1241 (May, 2017) This Essay argues that if we truly care about making policing egalitarian and fair to everyone, then that could mean more policing, not less. It advocates harnessing technology, including surveillance technology, to help deracialize policing. This turn to technology will not be cost free. Indeed, one cost will be the redistribution of privacy. This... 2017
Rachel D. Godsil , L. Song Richardson Racial Anxiety 102 Iowa Law Review 2235 (July, 2017) Many have embraced evidence from the mind sciences that our behaviors are often influenced by our implicit biases rather than our conscious beliefs. This is one reason why implicit bias has become a staple in trainings for judges, lawyers, police officers, teachers, and health care providers. While understanding that implicit bias is... 2017
Jonathan Simon Racing Abnormality, Normalizing Race: the Origins of America's Peculiar Carceral State and its Prospects for Democratic Transformation Today 111 Northwestern University Law Review 1625 (2017) For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and... 2017
Sherri Lee Keene Raising Arguments about the Potential Influence of Implicit Racial Bias in Police Stops 32-SUM Criminal Justice 35 (Summer, 2017) in the criminal courtroom, race can often feel like the elephant in the room. While racial bias can play a role in decision making at many points in the criminal process, discussions on this topic can be stifled. Yet, for a criminal defense attorney, the inability to discuss how race may have impacted a defendant's case can result in missed... 2017
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