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Full-Text Articles in Law

Democratic Policing Before The Due Process Revolution, Sarah Seo Jan 2019

Democratic Policing Before The Due Process Revolution, Sarah Seo

Faculty Scholarship

According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …


Why We Need Police, Justin Mccrary, Deepak Premkumar Jan 2019

Why We Need Police, Justin Mccrary, Deepak Premkumar

Faculty Scholarship

This chapter discusses the essential role that the police have in deterring and reducing crimes, particularly the most violent and costly ones to society, such as murder. We begin by providing a brief overview of deterrence theory before discussing the empirical evidence on the efficacy of police staffing and various policing strategies on crime reduction. Using a framework developed in Weisburd and Eck (2004), we quickly evaluate the model of standard policing and then mainly focus on evidence behind three current policing practices: hot spots, problem- oriented, and proactive. Finally, we use the empirical evidence of police staffing to provide …


Using Shifts In Deployment And Operations To Test For Racial Bias In Police Stops, John M. Macdonald, Jeffrey A. Fagan Jan 2019

Using Shifts In Deployment And Operations To Test For Racial Bias In Police Stops, John M. Macdonald, Jeffrey A. Fagan

Faculty Scholarship

In this paper, we exploit a policy experiment in the New York Police Department (NYPD) to test for bias in police stops. The NYPD launched Operation Impact in 2003 to change the scale of officer deployments. High crime areas were designated as “impact zones” and saturated with recent police academy graduates. These officers were encouraged to stop, question, and frisk (SQF) crime suspects as part of the NYPD’s overall crime-reduction strategy (MacDonald, Fagan, and Geller 2016). We focus on the expansion of impact zones in Brooklyn and Queens in July 2007. We use geographic data on the boundaries of the …


Police Contact And The Legal Socialization Of Urban Teens, Jeffrey A. Fagan, Amanda Geller Jan 2019

Police Contact And The Legal Socialization Of Urban Teens, Jeffrey A. Fagan, Amanda Geller

Faculty Scholarship

Contemporary American policing has routinized involuntary police contacts with young people through frequent, sometimes intrusive investigative stops. Personal experience with the police has the potential to corrode adolescents’ relationships with law and skew law-related behaviors. We use the Fragile Families and Child Wellbeing Study to estimate how adolescents’ experiences with the police shape their legal socialization. We find that both personal and vicarious police contact are associated with increased legal cynicism. Associations are present across racial groups and are not explained by teens’ behaviors, school settings, or family backgrounds. Legal cynicism is amplified in teens reporting intrusive contact but diminished …


Driving Toward Autonomy? The Fbi In The Federal System, 1908-1960, Daniel C. Richman, Sarah Seo Jan 2019

Driving Toward Autonomy? The Fbi In The Federal System, 1908-1960, Daniel C. Richman, Sarah Seo

Faculty Scholarship

This paper explains the growth of the FBI (“Bureau”) in the United States at a time when criminal justice was largely a local matter by reframing the criminal justice “(eco)system” in terms of informational economy, rather than jurisdictional authority. It argues that the Bureau came to occupy a key position in the national law enforcement ecosystem by providing an informational infrastructure that enabled it to cultivate relationships with local police agencies. This history offers two insights about the nature of American state and federalism in the twentieth century. First, the Bureau’s particular strategy for enlarging its capacity beyond its small …


The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan Jan 2019

The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan

Faculty Scholarship

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.

Our results suggest …