Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal Articles

2019

Public Law and Legal Theory

Articles 1 - 2 of 2

Full-Text Articles in Law

Why Police Should Protect Complainant Autonomy, Randall K. Johnson Apr 2019

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Journal Articles

Abstract: This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. administrative agencies may employ to make more informed policy decisions. The Article does its work in, at least, three ways. First, it encourages better use of scarce public sector resources by calling for reform of the police complaint intake process. Next, this Article identifies the causes of police complaint inefficiencies by critically assessing how intake is done by the Chicago Police Department (CPD). Lastly, it provides guidance about how to achieve CPD intake reform by …


Why Police Should Protect Complainant Autonomy, Randall K. Johnson Jan 2019

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Journal Articles

This Article describes a simple way to limit the high cost of police misconduct, which is informed by background principles from U.S. civil procedure. It does so by calling for the Chicago Police Department (CPD) to better protect the complainant autonomy of injured citizens under the scaled-down process that is used to resolve certain legal claims against officers. Complainant autonomy is an injured citizen’s right to control how its claims are drafted and framed, even over the objection of a nominal plaintiff, regardless of whether such a right to do so is clearly established or not.