Criminology and Criminal Justice Commons^™

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.

Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …

Implicit Bias: Racism Without Racist, Genesis Draper

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Implicit bias is something that everyone has but many cannot identify within themselves. Judge Draper draws on caselaw, research, and anecdotes from her own career to demonstrate the ways that implicit bias can impede equitable and just court experiences for all. She argues for the importance of more diverse juries, implicit bias instruction early in the proceedings, and the use of Batson as remedies to counteract bias.

Investigating Officer Involved Shootings: Don’T Ignore The Evidence, Michael Maloney

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation sheds light on a part of officer involved shootings not always discussed at a legal symposium: the potential bias that emerges at a crime scene during an investigation. The speaker explores the evidentiary challenges associated with an officer involved shooting, and describes the reconstruction project that he led as a consultant during the investigation and trial of off-duty police officer Amber Guyger, who was convicted of the murder of Botham Jean.

Racial Disparities In Police Crime Victimization, Philip M. Stinson, Chloe Wentzlof, John Liederbach, Steven L. Brewer

Criminal Justice Faculty Publications

No abstract provided.

Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks

All Faculty Scholarship

This Article presents a unique argument: police misconduct records should be accessible and applicable for pre-trial criminal proceedings. Unfortunately, the existing narrative on the value of police misconduct records is narrow because it exclusively considers how these records can be used to impeach officer credibility at trial. This focus is limiting for several reasons. First, it addresses too few defendants, since fewer than 3% of criminal cases make it to trial. Second, it overlooks misconduct records not directly addressing credibility—such as records demonstrating paperwork deficiencies, failures to appear in court, and “mistakes” that upon examination are patterns of abuse. Finally, …

The Wandering Officer, Ben Grunwald, John Rappaport

Faculty Scholarship

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this …

Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi

Criminal Justice

This study investigates the relations between citizens’ perceptions of how police misconduct as a factor contributing to wrongful convictions is connected to attitudes towards police legitimacy. I hypothesized that there would be a negative correlation between the two variables such that the more individuals believe police error contributes to wrongful convictions, the less legitimate they perceive the police to be. I also examined how citizens’ race affects these perceptions and attitudes, too, and hypothesized that Black citizens are more likely than White citizens to believe police error leads to wrongful conviction and mistrust the police. To test the hypotheses data …

On-Duty Police Shootings: Officers Charged With Murder Or Manslaughter 2005-2018, Philip M. Stinson, Chloe A. Wentzlof, Megan L. Swinehart

Criminal Justice Faculty Publications

There were 97 nonfederal sworn law enforcement officers with the general powers of arrest (e.g., police officers, deputy sheriffs, state troopers) arrested in years 2005-2018 for murder or manslaughter resulting from an on-duty shooting where the officer shot and killed someone at incidents throughout the United States. Of those 97 officers, to date, only 35 have been convicted of a crime resulting from the on-duty shooting. This poster presents data on the arrested officers, criminal case dispositions, race of arrested officers and their victims, weapons possessed by victims who were shot and killed by police, and related variables.

On-Duty Police Shootings: Officers Charged With Murder Or Manslaughter 2005-2018, Philip M. Stinson, Chloe A. Wentzlof, Megan L. Swinehart

Philip M Stinson

There were 97 nonfederal sworn law enforcement officers with the general powers of arrest (e.g., police officers, deputy sheriffs, state troopers) arrested in years 2005-2018 for murder or manslaughter resulting from an on-duty shooting where the officer shot and killed someone at incidents throughout the United States. Of those 97 officers, to date, only 35 have been convicted of a crime resulting from the on-duty shooting. This poster presents data on the arrested officers, criminal case dispositions, race of arrested officers and their victims, weapons possessed by victims who were shot and killed by police, and related variables.

Network Exposure And Excessive Use Of Force: Investigating The Social Transmission Of Police Misconduct, Marie Ouellet, Sadaf Hashimi, Jason Gravel, Andrew V. Papachristos

CJC Publications

Research Summary: In this study, we investigate how a police officer's exposure to peers accused of misconduct shapes his or her involvement in excessive use of force. By drawing from 8,642 Chicago police officers named in multiple complaints, we reconstruct police misconduct ego‐networks using complaint records. Our results show that officer involvement in excessive use of force complaints is predicted by having a greater proportion of co‐accused with a history of such behaviors.

Policy Implications: Our findings indicate officers’ peers may serve as social conduits through which misconduct may be learned and transmitted. Isolating officers that engage in improper use …

Organizational Injustice And Police Misconduct: Predicting Organizational Defiance Among Police Officers, Paul Reynolds, Richard Helfers

Criminal Justice Faculty Publications and Presentations

Copious research supports the association between organizational justice and employee performance. This study utilizes organizational justice as a theoretical framework to predict self-reported police misconduct. In particular, this study builds upon recent work into police officers’ behavioral responses to perceived injustice by exploring the link between perceptions of overall organizational injustice and three forms of police defiance: 1) using departmental rules, policies, or laws against the administration when needed, 2) purposely undermining the administration’s goals, and 3) disregarding organizational policies and procedures. Data was collected using an online self-report survey distributed to a convenience sample of sworn police officers that …

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Jessica S. Henry

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful …

To Protect And Collect: A Nationwide Study Of Profit-Motivated Police Crime, Philip M. Stinson, John Liederbach, Michael Buerger, Steven L. Brewer

Criminal Justice Faculty Publications

This study is part of a larger research project on police crime in the United States. Police crimes are those criminal offenses committed by sworn law enforcement officers who have the general powers of arrest. Profit-motivated police crime involves officers who use their authority of position to engage in crime for personal gain. This study reports the findings on 1,591 cases where a law enforcement officer was arrested for one or more profit-motivated crimes during the seven-year period 2005-2011. The profit-motivated arrest cases involved 1,396 individual officers employed by 782 state, local, special, constable, and tribal law enforcement agencies located …

Narcissistic Traits Of Police Officers In America, Paloma Moran

Themis: Research Journal of Justice Studies and Forensic Science

The narcissistic traits of police officers aged 17 to 78 in the United States affect American citizens in various degrees. Improvements made to pre-employment psychological evaluations, such as the Minnesota Multiphasic Personality Inventory (MMPI-2), the L (Lie) Scale, and the Narcissistic Personality Inventory (NPI), may detect and screen out police officer candidates with underlying Narcissistic Personality Disorder (NPD). It is important that candidates with NPD be screened out as, if they become officers, they may commit acts of police misconduct, which greatly affect the safety and trust of the American people.

Firepower To The People: Gun Rights & Self-Defense To Curb Police Misconduct, Spearit

Articles

This Article represents a polemic against the most harmful aspects of the policing status quo. At its core, the work asserts the right of civilians to defend against unlawful deadly police conduct. It argues that existing gun and self-defense laws provide a practical and principled basis for curbing police misconduct. It also examines legislative trends in gun laws to show that much of most recent liberalizing of gun rights is a direct response to self-defense concerns sparked by mass public shootings. The expansion of gun rights and self-defense comes at a time when ongoing police killings of Black civilians menace …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Crime, Philip M. Stinson, Steven L. Brewer Jr

Philip M Stinson

The Civil Rights Act of 1871 (codified at 42 U.S.C. §1983 and commonly referred to as Section 1983) provides a civil remedy for aggrieved persons to sue state actors who under the color of law violate federally protected rights. Since the 1960s there has been an explosion of Section 1983 litigation in the federal courts against police officers and their employing municipal and county agencies. Due to a lack of official statistics and poor methodologies, research has yet to determine how common Section 1983 actions are against the police nationwide. This study examines the relationship between police crime and being …

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Philip M Stinson

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Police Crime Arrests In The United States, 2011, Philip M. Stinson, Evin J. Carmack, Jacob M. Frankhouser, Mallorie A. Wilson

Philip M Stinson

Purpose – The purpose of the study is to provide empirical data on cases of police crime arrests during the year 2011. The study identifies and describes incidents in which nonfederal sworn law enforcement officers were arrested for one or more criminal offenses. Research Design & Method – The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. The unit of analysis in this study is criminal arrest case (not individual arrested officer). Intercoder Reliability – The Krippendorf’s alpha coefficient is strong (Krippendorf’s α = .9153) across …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Crime, Philip M. Stinson, Steven L. Brewer Jr

Criminal Justice Faculty Publications

The Civil Rights Act of 1871 (codified at 42 U.S.C. §1983 and commonly referred to as Section 1983) provides a civil remedy for aggrieved persons to sue state actors who under the color of law violate federally protected rights. Since the 1960s there has been an explosion of Section 1983 litigation in the federal courts against police officers and their employing municipal and county agencies. Due to a lack of official statistics and poor methodologies, research has yet to determine how common Section 1983 actions are against the police nationwide. This study examines the relationship between police crime and being …

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Criminal Justice Faculty Publications

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Philip M Stinson

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

The Impact Of Police Misconduct In Kings County On New York City's Civil Liability 2006-2010, Brian A. Maule

Dissertations, Theses, and Capstone Projects

The confluence of police misconduct and civil liability is an issue of growing concern for many communities throughout the U.S. today. The gravamen of the issue is evident in increases in the number of lawsuits alleging police misconduct and the civil liability that results from these lawsuits.

In New York City during the period 1997-2005 the cost for police misconduct went from $27.9 million in 1997 to $40.4 million in 2005 (Thompson, 2007). Concerns over these increases have resulted in efforts to curb both the number of lawsuits brought against the New York Police Department and the civil liability to …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Police Crime Arrests In The United States, 2011, Philip M. Stinson, Evin J. Carmack, Jacob M. Frankhouser, Mallorie A. Wilson

Criminal Justice Faculty Publications

Purpose – The purpose of the study is to provide empirical data on cases of police crime arrests during the year 2011. The study identifies and describes incidents in which nonfederal sworn law enforcement officers were arrested for one or more criminal offenses. Research Design & Method – The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. The unit of analysis in this study is criminal arrest case (not individual arrested officer). Intercoder Reliability – The Krippendorf’s alpha coefficient is strong (Krippendorf’s α = .9153) across …

Police Crime Arrests In The United States, 2011, Philip M. Stinson, Evin J. Carmack, Jacob M. Frankhouser, Mallorie A. Wilson

Philip M Stinson

Purpose – The purpose of the study is to provide empirical data on cases of police crime arrests during the year 2011. The study identifies and describes incidents in which nonfederal sworn law enforcement officers were arrested for one or more criminal offenses.

Research Design & Method – The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. The unit of analysis in this study is criminal arrest case (not individual arrested officer).

Intercoder Reliability – The Krippendorf’s alpha coefficient is strong (Krippendorf’s α = .9153) across …