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Emotional Labor, Worker Solidarity, And Safety Concerns Among Police And Nurses, Elizabeth A. Hoffmann, Emily Shinsky

Midwest Social Sciences Journal

To understand the connections among emotional labor, solidarity, and safety, this study interviewed 19 police officers and 20 nurses. Data analysis with words as the unit of analysis engaged both deductive and inductive processes. This qualitative study demonstrates that, despite numerous differences, both nursing and police have a professional focus on safety. However, while nurses’ safety concerns are first for their patients, police offers’ first concern of safety must be for themselves and their co-workers. Additionally, nurses and police differ in why they perform emotional labor. Nurses engaged in emotional labor in order for their charges to feel closer to …

The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace

Pepperdine Dispute Resolution Law Journal

By their very nature, policing and mediation are viewed as disparate professions. However, since the inception of policing, police officers have traditionally been involved in managing and handling conflict situations and thus, mediation type interventions have historically been an important component of police work. For the most part, police officers are untrained in mediation; however, many police officers are comfortable serving as go-between for neighbors, families, and communities in conflict using their intuition. As a result of acting as a ‘mediator’ for conflicting parties, without any formal mediation training, many former and current police officers eventually engage in mediation training …

Unreasonable Traffic Stops, Sam Kamin

William & Mary Law Review

In 1996, the Supreme Court announced in Whren v. United States that a traffic stop is constitutional if there is probable cause to believe a traffic infraction has occurred. So long as the officers who stop an individual can point—even after the fact—to any violation of the traffic laws, their actual, subjective motivations for initiating a stop are legally irrelevant. Case-by-case determination of reasonableness is unnecessary in the traffic stop context, the Court concluded, because the balancing of interests has already been done. Unlike warrantless entries into homes, the use of deadly force, or unannounced warranted entries, a traffic stop …

A War On Resistance: Police Repression And Criminalization Of Land Defense Movements, Lydia Macy

Tapestries: Interwoven voices of local and global identities

Statement of Purpose:

In this paper, I examine the roles and functions of policing in the United States in relation to environmental justice movements and protest. Building upon analyses of the history of policing and their role in enforcing and maintaining racial capitalism, I explore how the police enable and protect the destruction of land and environments. To demonstrate the intersections of policing, racial capitalism, and environmental crises I use three case studies: the protests at Standing Rock to stop the Dakota Access Pipeline, the movement to Stop Line 3, and the movement to Stop Cop City. I found my …

Institutional Legacy As Trigger Of Armed Violence Against The Police: Manifestations And The Underlying Factors In African Countries, Usman A. Ojedokun, Muazu I. Mijinyawa

The Journal of Social Encounters

Armed violence targeting police personnel and police facilities has conspicuously emerged as one of the dominant challenges confronting many police agencies in Africa. Consequently, police officers in African countries are increasingly becoming vulnerable to violent deaths and attacks in the line of duty. In view of this prevailing situation, this paper critically interrogates the nexus between institutional legacy and armed attacks targeting the police in African countries. Tom Tyler’s theory of procedural justice was employed as the conceptual framework for the discourse (Tyler,1990; 2003). The paper argues that the negative labelling that is generally associated with policing and police image …

Police Chases And Pit Maneuvers: Examining The Role Of Officer Conduct In Pursuit-Related Felony Murder Convictions, Margaret L. R. Dubose

Georgia State University Law Review

The United States Supreme Court has described a police officer's decision to terminate a high-speed car chase by making physical contact with the fleeing vehicle as a "choice between two evils." Indeed, while many speed-related deaths occur on Georgia's roadways without the involvement of law enforcement, deaths also transpire when officers choose to make such contact through Precision Intervention Technique (PIT) maneuvers.

In 2015, a Georgia jury found a driver guilty of committing felony murder—a conviction which carries with it a life sentence. The victim, a passenger in the driver's speeding car, died after a law enforcement officer performed a …

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Automated Fourth Amendment, Maneka Sinha

Emory Law Journal

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible.

Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …

Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, Falco Anthony Muscante Ii

University of Miami Race & Social Justice Law Review

When Derek Chauvin knelt on George Floyd’s neck for more than nine minutes, and when Jason Van Dyke fired sixteen rounds at Laquan McDonald who was walking away from the responding officers, were Chauvin and Van Dyke acting exclusively of their own volition, or were their actions indicative of a deeper, systemic issue? Nearly 60% of law enforcement officers enjoy collective bargaining protections from their police unions, but these protections create a lack of accountability.

Police unions can bargain collectively with police departments because of state legislation, which typically allow for negotiation over matters affecting wages, hours, and terms and …

Constitutional Law—Filling The Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism, Madalyn J. Goolsby

University of Arkansas at Little Rock Law Review

No abstract provided.

Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech, Madison Heiney

Indiana Journal of Law and Social Equality

No abstract provided.

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln

Barry Law Review

No abstract provided.

Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams

Indiana Law Journal

In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …

Shared Responsibility: Conceptualising How A Public Health Approach May Enhance Police Response To Missing Persons, Katie Gambier-Ross, Joe Apps Dr, Sarah Wayland Dr

International Journal of Missing Persons

When a person is reported missing there are substantial costs for the individual, their family and society. This paper conceptualises the experience of missing persons episodes, through a public health approach. This then allows police, stakeholders and the community to engage in discussions about who is vulnerable to going missing by intervening in a way that addresses risk. Historically, a missing persons episode involves an absence, typically followed by police involvement in consultation with next of kin with establishing the whereabouts of the missing person being the primary focus. Yet, the risk factors of going missing relate more to the …

Crimes Of Suspicion, Lauryn P. Gouldin

Emory Law Journal

Requiring that officers have suspicion of specific crimes before they seize people during stops or arrests is a fundamental rule-of-law limitation on government power. Until very recently, the Supreme Court studiously avoided saying whether reasonable suspicion for street and traffic stops must be crime specific, and lower courts are sharply divided as a result. Statements made in Kansas v. Glover that the Fourth Amendment requires reasonable suspicion of a “particular crime” or of “specific criminal activity” may reflect an effort to rehabilitate this foundational principle, but crime specificity was not the Court’s focus in Glover. Meanwhile, Fourth Amendment scholars, even …

Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown

Washington and Lee Journal of Civil Rights and Social Justice

The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …

On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl

Indiana Law Journal

Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional, paper counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology as well, arguing that use of these systems will increase the number of warrants issued throughout the United …

Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks

Washington and Lee Law Review

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …

Transforming The Minneapolis Police Department To Conform With The Rule Of Law: Reform Or Abolition, James Roth

Mitchell Hamline Law Review

No abstract provided.

Crim Pro Rewired: Why Current Police Practices Require Candor In The Classroom, Elizabeth N. Jones

Seattle Journal for Social Justice

No abstract provided.

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Policing For Peace: Training For A 21st Century Police Force, Kate M. Den Houter, Margaret E. Brooks

Personnel Assessment and Decisions

We review the present state of research on police training in the United States, highlighting gaps in the literature, and limitations of trainings in use by local policing agencies. We focus on training content relevant to the volatile situations that are at the center of controversy, we evaluate content areas that focus on successfully navigating real-time, unpredictable, and potentially dangerous interactions, and discuss training needs in these areas. We suggest that one common response to the issue of bias—implicit bias training—lacks evidence of efficacy. Accordingly, we recommend alternative training content to address bias and discrimination. Finally, we call attention to …

Introduction To The Special Issue On Policing: Examining The Role Of Testing And Assessment, Dennis Doverspike, Alexandra Petruzzelli, Marc Cubrich

Personnel Assessment and Decisions

Prepared in response to the weight and seriousness of social concerns with regard to the state and future of policing, this special issue was developed in order to feature research that examined a wide range of personnel and assessment decisions relating to policing. The focus was broad in scope, welcoming conceptual/theoretical papers, quantitative or qualitative reviews, empirical papers, and think pieces. To address the questions and areas identified in the initial call for papers, six articles are presented covering the themes of individual differences in personnel selection group composition and macro-level influences on policing, and practical recommendations and the future …

Ethical Ai In American Policing, Elizabeth E. Joh

Notre Dame Journal on Emerging Technologies

We know there are problems in the use of artificial intelligence in policing, but we don’t quite know what to do about them. One can also find many reports and white papers today offering principles for the responsible use of AI systems by the government, civil society organizations, and the private sector. Yet, largely missing from the current debate in the United States is a shared framework for thinking about the ethical and responsible use of AI that is specific to policing. There are many AI policy guidance documents now, but their value to the police is limited. Simply repeating …

Facebook For Law Enforcement, Stephen Carlisle

Certified Public Manager® Applied Research

This article introduces what some law enforcement agencies have done to mitigate trust issues by utilizing social media as a form of community policing. There is a silent majority out there that support law enforcement. As a pioneer of using Facebook as a platform for community policing, taking criticism from my law enforcement peers was unavoidable. However, these same peers would turn to Facebook shortly after for personal and professional use. The key is to reach out and to educate the public to help gain trust in law enforcement, and using modern social media platforms to reach the masses only …

No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel

DePaul Journal for Social Justice

No abstract provided.

Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara

University of Miami Race & Social Justice Law Review

The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …

How Life During A Pandemic May Have Contributed To Homicide In Houston, Texas, Ciarra Hastings Blow

Journal of Family Strengths

This study offers an examination of a sample of 150 homicides in Houston, Texas in 2020 as described by local news sources. The purpose was to understand dynamics that may explain what appears to be an increase in domestic disputes that led to increases in homicides. This mixed method study utilized content analysis that included quantifying the patterns of concepts in the news reports to isolate racial, gender and location factors. Data are displayed in tables and figures to illustrate patterns and regression analyses indicate predictive relations. The study is important given the recent homicide increases during the COVID-19 pandemic, …