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The Crime and Society Issue
FALL 2020 THE CRIME AND SOCIETY ISSUE Can Academics Such as Paul Butler and Patrick Sharkey Point Us to Better Communities? Michael O’Hear’s Symposium on Violent Crime and Recidivism Bringing Baseless Charges— Darryl Brown’s Counterintuitive Proposal for Progress ALSO INSIDE David Papke on Law and Literature A Blog Recipe Remembering Professor Kossow Princeton’s Professor Georgetown’s Professor 1 MARQUETTE LAWYER FALL 2020 Patrick Sharkey Paul Butler FROM THE DEAN Bringing the National Academy to Milwaukee—and Sending It Back Out On occasion, we have characterized the work of Renowned experts such as Professors Butler and Sharkey Marquette University Law School as bringing the world and the others whom we bring “here” do not claim to have to Milwaukee. We have not meant this as an altogether charted an altogether-clear (let alone easy) path to a better unique claim. For more than a century, local newspapers future for our communities, but we believe that their ideas have brought the daily world here, as have, for decades, and suggestions can advance the discussion in Milwaukee broadcast services and, most recently, the internet. And and elsewhere about finding that better future. many Milwaukee-based businesses, nonprofits, and So we continue to work at bringing the world here, organizations are world-class and world-engaged. even as we pursue other missions. To reverse the phrasing Yet Marquette Law School does some things in this and thereby to state another truth, we bring Wisconsin regard especially well. For example, in 2019 (pre-COVID to the world in issues of this magazine and elsewhere, being the point), about half of our first-year students had not least in the persons of those Marquette lawyers been permanent residents of other states before coming who practice throughout the United States and in many to Milwaukee for law school. -
Facebook As a Reflection of Race- and Gender-Based Narratives Following the Death of George Floyd
social sciences $€ £ ¥ Article Exceptional Injustice: Facebook as a Reflection of Race- and Gender-Based Narratives Following the Death of George Floyd Patricia J Dixon and Lauren Dundes * Department of Sociology, McDaniel College, 2 College Hill, Westminster, MD 21157, USA; [email protected] * Correspondence: [email protected] Received: 16 November 2020; Accepted: 8 December 2020; Published: 15 December 2020 Abstract: Following the death of George Floyd, Facebook posts about the Black Lives Matter movement (BLM) surged, creating the opportunity to examine reactions by race and sex. This study employed a two-part mixed methods approach beginning with an analysis of posts from a single college student’s Facebook newsfeed over a 12-week period, commencing on the date of George Floyd’s death (25 May 2020). A triangulation protocol enhanced exploratory observational–archival Facebook posts with qualitative data from 24 Black and White college students queried about their views of BLM and policing. The Facebook data revealed that White males, who were the least active in posting about BLM, were most likely to criticize BLM protests. They also believed incidents of police brutality were exceptions that tainted an otherwise commendable profession. In contrast, Black individuals commonly saw the case of George Floyd as consistent with a longstanding pattern of injustice that takes an emotional toll, and as an egregious exemplification of racism that calls for indictment of the status quo. The exploratory data in this article also illustrate how even for a cause célèbre, attention on Facebook ebbs over time. This phenomenon obscures the urgency of effecting change, especially for persons whose understanding of racism is influenced by its coverage on social media. -
Explaining the Recent Homicide Spikes in U.S. Cities: the 'Minneapolis Effect' and the Decline in Proactive Policing
SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 9-2020 Explaining the Recent Homicide Spikes in U.S. Cities: The 'Minneapolis Effect' and the Decline in Proactive Policing Paul Cassell Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Criminal Law Commons, and the Criminal Procedure Commons S.J. QUINNEY COLLEGE OF LAW LEGAL STUDIES RESEARCH PAPER SERIES Explaining the Recent Homicide Spikes in U.S. Cities: The “Minneapolis Effect” and the Decline in Proactive Policing Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law Forthcoming in The Federal Sentencing Reporter (2020) Research Paper No. 377 S.J. Quinney College of Law University of Utah Salt Lake City, UT 84112 [email protected] Electronic copy available at: https://ssrn.com/abstract=3690473 Explaining the Recent Homicide Spikes in U.S. Cities: The “Minneapolis Effect” and the Decline in Proactive Policing By Paul G. Cassell ABSTRACT Recently major cities across the country have suffered dramatic spikes in homicides. These spikes are remarkably large, suddenly appearing, and widespread. At this rate, 2020 will easily be the deadliest year in America for gun-related homicides since at least 1999, while most other major crime categories are trending stable or slightly downward. This article attempts to explain why so many cities have seen extraordinary increases in murder during the summer of 2020. A close analysis of the emerging crime patterns suggests that American cities may be witnessing significant declines in some forms of policing, which in turn is producing the homicide spikes. -
CAUTION: This Email Originated Outside Our Organization; Please Use Caution
From: Alexis Gonzalez To: Debra Black Subject: George Floyd Date: Saturday, June 20, 2020 1:16:14 PM CAUTION: This email originated outside our organization; please use caution. Dear Mayor Badar and Members of the City Council: My name is Alexis Gonzalez, and I have been a resident in San Dimas for 15 years. I would like to see our City take concrete steps to ensure all members of our community feel safe by adopting the resolution proposed by Councilmember Ebiner, condemning the killing of George Floyd and denouncing racism and injustice, at the City Council meeting on June 23, 2020. I support a resolution that specifically: 1. Names “George Floyd” and condemns his killing by Minneapolis police officers. George Floyd’s death has been universally acknowledged as wrong, and it is his death that has awoken the American consciousness in this moment of history to fight for racial justice. 2. Acknowledges that racism exists even here in San Dimas. 3. Creates a “Civilian Review Board,” with the specific goal of fostering positive relationships between the Sheriff’s station and the community. The Board could make policy recommendations and disseminate information regarding the implementation of the county-wide Body Worn Camera program. 4. Does NOT address violence against police officers. While such violence is inexcusable, this is a different topic and should be addressed in a separate resolution entirely. I support this resolution because as a woman of color, I experienced racial bias on a frequent basis. I’ve been told to “go back to my country”, despite the fact that I was born in this country. -
Deadly Force: How George Floyd's Killing Exposes Racial Inequities
1 Deadly Force: How George Floyd’s Killing Exposes Racial Inequities in Minnesota’s Felony-Murder Doctrine Among the Disenfranchised, the Powerful, and the Police Greg Egan† I. Equity in Peril: How Felony-Murder Charging Discretion and Widely Varying Punishments are Deployed Against White Defendants, Defendants of Color, and Peace Officers Minnesota’s second-degree felony-murder statute represents a unique and creative charging mechanism that affords wide discretion to prosecutors. This makes it ripe for inequitable application. It is the most serious charge brought against George Floyd’s killer, Derek Chauvin.1 Innovative prosecutors can find ways to charge felony-murder for almost any unintended death, and they often also use it in cases where they allege homicidal intent. At the same time, it is a charge prosecutors can find plausible justification to not bring in most cases. This wide discretion provides leverage to prosecutors in plea negotiations. Plea negotiations can work to the benefit of defendants who are initially charged with second-degree intentional murder by affording them the opportunity to plead down to felony-murder, which carries less than half the guideline sentence.2 This wide charging discretion also has the potential to unfairly elevate crimes that should have been charged as manslaughter, third-degree murder, or other lesser †. The Author is a veteran felony trial attorney in the office of the Ramsey County Public Defender and an adjunct professor at Mitchell Hamline School of Law. He thanks Anne Bolgert, Abbie Maier, and Andrew Selva not only for their tireless work as research assistants, but also for their thoughtful analytical insight. -
Law Enforcement Intelligence: a Guide for State, Local, and Tribal Law Enforcement Agencies Second Edition
U. S. Department of Justice Office of Community Oriented Policing Services Law Enforcement Intelligence: A Guide for State, Local, and Tribal Law Enforcement Agencies Second Edition David L. Carter, Ph.D. School of Criminal Justice, Michigan State University Law Enforcement Intelligence: A Guide for State, Local, and Tribal Law Enforcement Agencies Second Edition David L. Carter, Ph.D. School of Criminal Justice, Michigan State University This project was supported by Cooperative Agreement #2007-CK-WX-K015 by the U.S. Department of Justice Office of Community Oriented Policing Services. Points of view or opinions contained in this publication are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or Michigan State University. References to specific agencies, companies, products, or services should not be considered an endorsement by the author or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues. Letter from the COPS Office January 2009 Dear Colleague: This second edition of Law Enforcement Intelligence: A Guide for State, Local, and Tribal Law Enforcement captures the vast changes that have occurred in the 4 years since the first edition of the guide was published in 2004 after the watershed events of September 11, 2001. At that time, there was no Department of Homeland Security, Office of the Director of National Intelligence, Information-Sharing Environment, or Fusion Centers. Since the advent of these new agencies to help fight the war on terror, emphasis has been placed on cooperation and on sharing information among local, state, tribal, and federal agencies. -
Law in a Fair
27-CR-20-12646 Filed in District Court State of Minnesota 6/2/2021 2:57 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Court File No. 27—CR—20— I 2646 State of Minnesota, Plaintiff, MEMORANDUM OF LAW IN VS. SUPPORT OF DEFENDANT’S POST—VERDICT MOTIONS Derek Michael ChauVin, Defendant. TO: THE ABOVE-NAMED COURT; THE HONORABLE PETER A. CAHILL, JUDGE OF HENNEPIN COUNTY DISTRICT COURT; AND MATTHEW FRANK, ASSISTANT MINNESOTA ATTORNEY GENERAL. INTRODUCTION On April 20, 2021, Defendant Derek Michael Chauvin was convicted by ajury of one count of second—degree, unintentional murder, one count of third—degree depraved mind murder, and one count of second—degree manslaughter. On May 4, 2021, Mr. Chauvin, through his attorney Eric J. Nelson, Halberg Criminal Defense, moved the Court for a new trial pursuant to Minn. R. Crim, P. 26.04, subd. l, on several grounds. Mr. Chauvin now submits the following in support of his motions. ARGUMENT I. CUMULATIVE ERRORS, ABUSES OF DISCRETION, PROSECUTORIAL AND JURY MISCONDUCT DEPRIVED DEREK CHAUVIN OF A FAIR TRIAL, SUCH THAT A NEW TRIAL MUST BE GRANTED IN THE INTERESTS OF JUSTICE. After a verdict has been rendered, a new trial may be granted on any of the following grounds: the interests ofjustice; irregularity of the proceedings, or any order or abuse of discretion that deprived the defendant of a fair trial; prosecutorial or jury misconduct; errors of law at trial; or 27-CR-20-12646 Filed in District Court State of Minnesota 6/2/2021 2:57 PM a verdict or finding of guilty that is contrary to law.