AuthorTitleCitationSummaryYear
Kathryne M. Young , Joan Petersilia Keeping Track: Surveillance, Control, and the Expansion of the Carceral State Pulled Over: How Police Stops Define Race and Citizenship. By Charles R. Epp, Steven Maynard-moody & Donald Haider-markel. Chicago; University of Chicago Press. 2014. Pp. Xvii, 129 Harvard Law Review 1318 (March, 2016) After decades as a divisive political touchstone, American criminal justice is now characterized by widespread, bipartisan agreement that the system is broken in significant ways. The Brennan Center recently published a report in which many of the 2016 presidential candidates outlined their reform ideas on crime, policing, and incarceration. In... 2016
Matthew Long, Laurence Alison, Ricardo Tejeiro, Emma Hendricks, Susan Giles, Kent Police, Maidstone, United Kingdom, University of Liverpool, Kent Police, Maidstone, United Kingdom, University of Liverpool Kirat: Law Enforcement's Prioritization Tool for Investigating Indecent Image Offenders 22 Psychology, Public Policy, and Law 12 (February, 2016) The proliferation of indecent images of children (IIOCs) on the Internet has exceeded the resources required to investigate suspects effectively. This article examines the validity of the Kent Internet Risk Assessment Tool-- Version 2 (KIRAT- 2), an evidence-based framework for prioritizing IIOC suspects according to their risk of committing; Search Snippet: ...and index offense. Sociodemographic data included personal details (age, sex, race/ethnicity, nationality, country of residence, police force that owned the case), socioeconomic status (income, occupation, education... 2016
Norm Stamper Legitimate Community Policing: How Citizen Participation Creates a Successful and Collaborative Enterprise 42 Human Rights 10 (2016) Community policing is a fiction, existing in name only. If substantive community policing were the norm across the country, if America's police officers had internalized community policing's original values, principles, and practices, the institution would not be embroiled in never-ending controversy. In fact, it's reasonable to ask whether so... 2016
Aziz Z. Huq , Richard H. McAdams Litigating the Blue Wall of Silence: How to Challenge the Police Privilege to Delay Investigation 2016 University of Chicago Legal Forum 213 (2016) Under state law, municipal codes, and collective bargaining agreements, police officers in many jurisdictions benefit from a set of heightened procedural protections. These frequently include provisions restricting the timing and manner by which investigators interview or interrogate police, which we call interrogation buffers. One specific... 2016
Kara Dansky Local Democratic Oversight of Police Militarization 10 Harvard Law & Policy Review 59 (Winter, 2016) Many Americans were shocked when, in November 2014, law enforcement agencies in Ferguson, Missouri responded to local protests with what appeared to be tanks, assault rifles, and officers dressed like soldiers. Michael Brown (a black, unarmed, eighteen-year-old preparing for college) had been shot to death by a white police officer, and it had just... 2016
André Douglas Pond Cummings Lord Forgive Me, but He Tried to Kill Me: Proposing Solutions to the United States' Most Vexing Racial Challenges 23 Washington and Lee Journal of Civil Rights and Social Justice Just. 3 (Fall, 2016) C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police... 2016
André Douglas Pond Cummings Lord Forgive Me, but He Tried to Kill Me: Proposing Solutions to the United States' Most Vexing Racial Challenges 23 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2016) C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police; Search Snippet: ...be hard-pressed to name a more divisive and challenging racial issue facing America today than the police killing of unarmed black men. With the recent deaths of... 2016
Cynthia Lee Making Black and Brown Lives Matter: Incorporating Race into the Criminal Procedure Curriculum 60 Saint Louis University Law Journal 481 (Spring 2016) The fatal shooting of Michael Brown, an African American teenager, in August 2014 by a White police officer in Ferguson, Missouri, and the death of Eric Garner, an African American man who died after being put into a chokehold by a New York City police officer in July 2014, led to a firestorm of protests under the moniker of Black Lives Matter.... 2016
Jasmine Sankofa Mapping the Blank: Centering Black Women's Vulnerability to Police Sexual Violence to Upend Mainstream Police Reform 59 Howard Law Journal 651 (Spring 2016) 652 INTRODUCTION. 652 I. RACE AND POLICING. 658 II. RACE AND STRUCTURAL SEXUAL VIOLENCE. 666 A. Police Sexual Violence. 666 B. A Brief History of Sexualized Racial Terror Against Black Women. 673 III. ADVANCING JUSTICE: BROADENING THE SCOPE OF PROPOSED INTERVENTIONS. 683 A. Divesting From Law Enforcement. 683 B. Building Survivor Support.... 2016
Lorraine Hope, David Blocksidge, Fiona Gabbert, James D. Sauer, William Lewinski, Arta Mirashi, Emel Atuk, University of Portsmouth, Metropolitan Police, London, United Kingdom, Goldsmiths, University of London, University of Tasmania, Force Science, Mank Memory and the Operational Witness: Police Officer Recall of Firearms Encounters as a Function of Active Response Role 40 Law and Human Behavior 23 (February, 2016) Investigations after critical events often depend on accurate and detailed recall accounts from operational witnesses (e.g., law enforcement officers, military personnel, and emergency responders). However, the challenging, and often stressful, nature of such events, together with the cognitive demands imposed on operational witnesses as a function... 2016
Edward A. Flynn Miranda and the Evolution of Policing 10 Harvard Law & Policy Review 101 (Winter, 2016) Fifty years after the landmark Miranda v. Arizona decision by the United States Supreme Court, one can safely wonder how much progress has been made by the American criminal justice system generally, and American policing specifically. Each generation of our nation's police officers is better selected, better trained, and better equipped than the... 2016
Donald F. Tibbs 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 85 (Spring, 2016) There is a quest for the Negro, the Negro is in demand, one cannot get along without him, he is needed, but only if he is made palatable in a certain way. Frantz Fanon America is free to choose whether the Negro shall remain her liability or become her opportunity. Gunnar Myrdal An American Dilemma The title of the Journal's Symposium, The 50... 2016
Whitney Bly Edwards Officers Without Borders: Georgia Court of Appeals Expands Campus Police Jurisdiction and Authority in State V. Zilke 67 Mercer Law Review 769 (Winter 2016) The deaths of Black men at the hands of law enforcement officers--or vigilantes, as in the case of George Zimmerman--have received consistent and sustained media attention in the United States in recent years. The primary incidents on which the media focused occurred in several geographic regions, indicating that the problem was not concentrated in... 2016
David B. Oppenheimer, Swati Prakash, Rachel Burns Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law 26 Berkeley La Raza Law Journal L.J. 1 (2016) Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... 2016
Barak Ariel Police Body Cameras in Large Police Departments 106 Journal of Criminal Law and Criminology 729 (Fall, 2016) Body Worn Cameras are spreading worldwide, under the assumption that police performance, conduct, accountability, and legitimacy, in the eyes of the public, are enhanced as a result of using these devices. In addition, suspects' demeanor during police-public engagements is hypothesized to change as a result of the video-recording of the encounter.... 2016
Richard Lin Police Body Worn Cameras and Privacy: Retaining Benefits While Reducing Public Concerns 14 Duke Law & Technology Review 346 (September 12, 2016) Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras may pose privacy concerns for individuals who are recorded, as the footage may fall; Search Snippet: ...AND TECHNOLOGY REVIEW Duke Law & Technology Review September 12, 2016 POLICE BODY WORN CAMERAS AND PRIVACY: RETAINING BENEFITS WHILE REDUCING PUBLIC... 2016
Chris Pagliarella Police Body-worn Camera Footage: a Question of Access 34 Yale Law and Policy Review 533 (Spring 2016) When President Obama closed 2014 by requesting $263 million to support the deployment of 50,000 body-worn cameras (or BWCs) for state officers, he was endorsing an idea whose time had come. The deaths of Michael Brown and Eric Garner provided names and faces to a growing call for police accountability that would eventually develop into the broader... 2016
Kyle J. Maury Police Body-worn Camera Policy: Balancing the Tension Between Privacy and Public Access in State Laws 92 Notre Dame Law Review 479 (November, 2016) The system failed us again. The sounds of gunshots and broken glass swirled in air full of smoke and tear gas. On November 24, 2014, the streets of Ferguson, Missouri, erupted into a new wave of anger after a St. Louis grand jury refused to indict Officer Darren Wilson, who fatally shot unarmed teenager Michael Brown a few months prior. On... 2016
Julian A. Cook, III Police Culture in the Twenty-first Century: a Critique of the President's Task Force's Final Report 91 Notre Dame Law Review Online 106 (February, 2016) [A] lot of our work is going to involve local police chiefs, local elected officials, states recognizing that the moment is now for us to make these changes. We have a great opportunity, coming out of some great conflict and tragedy, to really transform how we think about community law enforcement relations so that everybody feels safer and our law... 2016
Tom Tyler Police Discretion in the 21st Century Surveillance State 2016 University of Chicago Legal Forum 579 (2016) This analysis discusses changes in policing that could help build popular legitimacy, i.e. public trust and confidence in the police. The low level of public trust, especially in minority communities, has been the focus of recent national attention in the wake of a series of deaths during public contact with the police. This analysis will focus on... 2016
Jeff Adachi Police Militarization and the War on Citizens 42 Human Rights 14 (2016) When the Super Bowl rumbled into town earlier this year, our city greeted it--in true San Francisco fashion--with a weeklong party. Only this bash had rooftop snipers with assault rifles trained at revelers, hundreds of helmeted riot cops surrounding protesters, and surveillance technology reading everything from your license plate to your Twitter... 2016
Cara E. Trombadore Police Officer Sexual Misconduct: an Urgent Call to Action in a Context Disproportionately Threatening Women of Color 32 Harvard Journal on Racial & Ethnic Justice 153 (Spring, 2016) The formulation of the problem is often more essential than its solution. --Albert Einstein Who are they going to call? It's the police who are abusing them. --Penny Harrington, former police chief On June 17, 2014, Oklahoma City police officer Daniel Holtzclaw questioned a young black teenager and learned that she had an outstanding arrest warrant... 2016
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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