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Articles 1 - 21 of 21
Full-Text Articles in Law
Police Discretion And Local Immigration Policymaking, Rick Su
Police Discretion And Local Immigration Policymaking, Rick Su
Rick Su
Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …
We Need To Talk About Police Disciplinary Records, Kate Levine
We Need To Talk About Police Disciplinary Records, Kate Levine
Faculty Publications
In March 2017, an employee of New York’s Civilian Complaint Review Board leaked the disciplinary record of Daniel Pantaleo to the media. Pantaleo, the police officer who choked Eric Garner to death in the video that went public and horrified many citizens, is under federal investigation after a Staten Island grand jury refused to indict him for Garner’s death. Legal Aid Society attorneys had unsuccessfully sought the release of his records in the courts for years. The leak of his records is the public face of an important but rarely discussed issue facing police, legislators, judges, lawyers, and scholars who …
Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares
Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares
Northwestern University Law Review
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 officers” tasked with public safety and concern for individual rights, but the hidden curriculum, fraught with racially targeted stop and frisks and unconstitutional exercises of force, teaches many that they are members of a special, dangerous, and undesirable class. The social psychology of how people understand the fairness of legal authorities—procedural justice—is …
From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler
From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler
Northwestern University Law Review
Society would gain if the police moved away from the goal of harm reduction via crime reduction and toward promoting the economic, social, and political vitality of American communities. Research suggests that the police can contribute to this goal if they design and implement their policies and practices in ways that promote public trust. Such trust develops when the police exercise their authority in ways that people evaluate as being procedurally just.
Intutitve Decision-Making: Engagement, Agency, And Leverage, Roger E. Callese
Intutitve Decision-Making: Engagement, Agency, And Leverage, Roger E. Callese
All Capstone Projects
This project explored law enforcement decision-making through the review of decision-making literature, consideration of the Critical Decision Model (CDM), and semistructured interviews with law enforcement officers. In 2016, the Police Executive Research Forum (PERF) recommended the adoption and use of the CDM by law enforcement officers as a new way to approach tactical decisions. A review of the CDM suggests a linear, rational, weighing of options by officers. While this may be an excellent tool for slowly developing situations, for pre-mortems, or for debriefing, the CDM step four (identify options and determine best course of action) and step five (act, …
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Journal of Comparative Urban Law and Policy
After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a …
The Blurred Blue Line: Reform In An Era Of Public & Private Policing, Seth W. Stoughton
The Blurred Blue Line: Reform In An Era Of Public & Private Policing, Seth W. Stoughton
Faculty Publications
In April 2017, the Alabama Senate voted to authorize the formation of a new police department. Like other officers in the state, officers at the new agency would have to be certified by the Alabama Peace Officers Standards and Training Commission. These new officers would be “charged with all of the duties and invested with all of the powers of law enforcement officers.” Unlike most officers in Alabama, though, the officers at the new agency would not be city, county, or state employees. Instead, they would be working for the Briarwood Presbyterian Church, which Senate Bill 193 authorized to “appoint …
Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Christopher Salvatore, Travis A. Taniguchi
Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Christopher Salvatore, Travis A. Taniguchi
Department of Justice Studies Faculty Scholarship and Creative Works
The primary goal of the current study is to examine a portion of Klinger’s theory. Specifically, we test the influence of organizational and environmental contextual factors, guided by Klinger’s theory, on one measure of officer vigor. To date, few studies have taken this approach to examine Klinger’s theory. The study builds on prior research that has tested aspects of Klinger’s theory and adds new analytic strategies that prior studies have not used. The results of this study have implications for both theory and practice, and they add to the growing literature examining the influence of ecological and organization factors on …
Disparate Impact In Big Data Policing, Andrew D. Selbst
Disparate Impact In Big Data Policing, Andrew D. Selbst
Georgia Law Review
Data-driven decision systems are taking over. No
institution in society seems immune from the
enthusiasm that automated decision-making generates,
including-and perhaps especially-the police. Police
departments are increasingly deploying data mining
techniques to predict, prevent, and investigate crime.
But all data mining systems have the potential for
adverse impacts on vulnerable communities, and
predictive policing is no different. Determining
individuals' threat levels by reference to commercial
and social data can improperly link dark skin to higher
threat levels or to greater suspicion of having
committed a particularcrime. Crime mapping based
on historical data can lead to more arrests for nuisance
crimes …
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
Faculty Publications & Other Works
No abstract provided.
De-Policing, Stephen Rushin, Griffin Sims Edwards
De-Policing, Stephen Rushin, Griffin Sims Edwards
Faculty Publications & Other Works
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on …
Out Of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution And Constitutional Limitations, Henry Ordower, J. Onésimo Sandoval, Kenneth Warren
Out Of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution And Constitutional Limitations, Henry Ordower, J. Onésimo Sandoval, Kenneth Warren
All Faculty Scholarship
The matter of police and municipal courts as revenue producers became increasingly prominent following Michael Brown’s death from a police shooting. This article considers the use of misdemeanors, especially traffic violations, for the purpose of collecting substantial portions of the annual operating budgets in municipalities in St. Louis County, Missouri. The article argues that the revenue raising function of traffic offenses has displaced their public safety and traffic regulation functions. The change in function from public safety to revenue suggests that the governing laws are no longer valid as exercise of policing power but must be reenacted under the taxing …
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick
Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick
All Faculty Scholarship
This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Faculty Publications By Year
No abstract provided.
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
Ending-Life Decisions: Some Disability Perspectives, Mary Crossley
Ending-Life Decisions: Some Disability Perspectives, Mary Crossley
Articles
In the forty years since Quinlan, disability has been present in the conversation within medicine, bioethics, and law about the acceptability of death-hastening medical decisions, but it has at times been viewed as an interloper, an uninvited guest to the party, or perhaps the guest whom the host was obliged to invite, but whose presence was not entirely welcomed. Notwithstanding some short-term reversals and counter-currents, the steady arc of end-of-life law during the past four decades has been towards liberalization of ending-life choices by and for patients who are severely compromised or near the end of their lives. During …
Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez
Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez
Faculty Articles and Other Publications
Over the last decade, a new push for criminal justice reform has taken hold. While the moral and fiscal costs have been exorbitant over the last forty years, failing state budgets and bipartisan recognition of the “broken” system have finally caused legislatures, politicians, and advocates to reassess the costs and benefits of the criminal justice system. Breaking the “tough on crime/soft on crime” binary, the “smart on crime” motto has become a helpful tool in reform efforts aimed at reducing the number of individuals incarcerated and ensuring its fairness, regardless of race and socioeconomic status. Little attention, however, has been …
New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash
New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash
Faculty Scholarship
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 existing research and scholarship on these developments have focused mostly on the nation’s major cities, where concentrated populations and elevated crime rates provide pressurized laboratories for police experimentation, often in the spotlight of political scrutiny. An additional line of scholarship has looked more closely at how the tactics of the New Policing have …
Race And The New Policing, Jeffrey Fagan
Race And The New Policing, Jeffrey Fagan
Faculty Scholarship
Several observers credit nearly 25 years of declining crime rates to the “New Policing” and its emphasis on advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. This model has been adopted in large and small cities, and has been institutionalized in everyday police-citizen interactions, especially among residents of poorer, often minority, and higher crime areas. Citizens exposed to these regimes have frequent contact with police through investigative stops, arrests for minor misdemeanors, and non-custody citations or summons for code violations or vehicle infractions. Two case studies show surprising and troubling similarities in the …
Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler
Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler
Faculty Scholarship
Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest rates …
Understanding Recent Spikes And Longer Trends In American Murders, Jeffery Fagan, Daniel Richman
Understanding Recent Spikes And Longer Trends In American Murders, Jeffery Fagan, Daniel Richman
Faculty Scholarship
On September 7, 2016, four of the nation’s newspapers of record weighed in on the connected crises in crime and policing. The New York Times revealed the tensions between the Mayor’s office in Chicago and several community and professional groups over a plan to overhaul Chicago’s police disciplinary board – a plan developed in the wake of the shooting of an unarmed teenager, Laquan McDonald, and the release of a video of that killing. The Wall Street Journal related a vigorous defense of New York City’s “broken windows” policing strategy – a strategy that has been a recurring source of …