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Police Prosecutions and Punitive Instincts
Washington University Law Review Volume 98 Issue 4 2021 Police Prosecutions and Punitive Instincts Kate Levine Benjamin N. Cardozo School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Criminal Law Commons, Law and Race Commons, and the Law Enforcement and Corrections Commons Recommended Citation Kate Levine, Police Prosecutions and Punitive Instincts, 98 WASH. U. L. REV. 0997 (2021). Available at: https://openscholarship.wustl.edu/law_lawreview/vol98/iss4/5 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Washington University Law Review VOLUME 98 NUMBER 4 2021 POLICE PROSECUTIONS AND PUNITIVE INSTINCTS KATE LEVINE* ABSTRACT This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for a dramatic reduction of the criminal legal system’s footprint, are deeply problematic. It shows that police prosecutions legitimize the criminal legal system while at the same time displaying the same racism and ineffectiveness that have been shown to pervade our prison-backed criminal machinery. The Article looks at three recent trials and convictions of police officers of color, Peter Liang, Mohammed Noor, and Nouman Raja, in order to underscore the argument that the criminal legal system’s race problems are * Associate Professor of Law, Benjamin N. -
Racing the Pandemic: Anti-Asian Racism Amid COVID-19
9 Racing the Pandemic Anti-Asian Racism amid COVID-19 Christine R. Yano How does race shape the experience of the current and ongoing global pandemic? How does the pandemic shape the experience of race—in politics and in everyday lives? How have histories of racialization and racism in the United States and elsewhere allowed for the targeting of Asian Americans? How might we develop effective strategies that counter xenophobic racisms surrounding COVID-19? And in an ideal world seeking meaningful change, how might critical empathy—that is, reaching out to others with hearts, minds, bodies, and actions—play a crucial role?1 These questions structure my approach to discussing anti-Asian racism amid the pandemic with the goal of developing strategies of action for the targets of such racism, as well as for others for whom race-based violence is anathema. The Black Lives Matter movement has compelled us to thoughts and actions at a time when systemic racism can no longer be ignored. What the movement reminds us of is the ongoing salience of race as a basis for institutionalized and interpersonal actions, as these shape overt macroaggressions as well as more covert microaggressions. “China virus.” “Wuhan virus.” “Kung-flu.” These labels, uttered by people at the highest political echelons of the United States during one of the worst public health disasters within most people’s lifetimes, give permission for racial discrimination and violence, bringing anti-Asian racism into public light once again. Yellow Peril rears its ugly head—in earlier periods as a fear of Asians invading white worlds, 124 : THE PANDEMIC: PERSPECTIVES ON ASIA and here as an epidemiological fear of an Asian virus unleashed upon the world.2 In the words of psychiatrist Ravi Chandra, these pandemic labels, especially uttered by those in power, “disinhibit” the public from racist emotions and expressions.3 In using the term “disinhibit,” Chandra implies that anti-Asian racism lurks historically and broadly just below the surface, suppressed in the name of more rational or humane discourse. -
How a New Wave of Black Activists Changed the Conversation George Floyd’S Killing Galvanized a Nation
____________________________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________ How a New Wave of Black Activists Changed the Conversation George Floyd’s killing galvanized a nation. But small groups like the queer-led collective Black Visions are channeling that energy into a movement for political change. The group Black Visions, which is based in Minneapolis and has been integral to the protest movement that erupted following the killing of George Floyd. The group’s founders include, from left: Kandace Montgomery, Miski Noor and Oluchi Omeoga. By Jenna Wortham Aug. 25, 2020 On a windswept early June day in Minneapolis, roughly a thousand people gathered under sprawling trees in Powderhorn Park for a rally called the Path Forward. The park’s concrete stage was decorated with silver streamers that sparkled in the breeze and bold white block letters that spelled out “Defund Police.” After a prayer by Thorne and Wakinyan LaPointe, brothers from the American Indian community, Kandace Montgomery, a director of a local organizing group called Black Visions, took the stage. 2 She reminded the crowd to maintain social distancing and wished Prince — whose former home, Paisley Park, was just a 30-minute drive away — and his “queer, nonbinary, everything and all the things self” a posthumous happy birthday. The atmosphere was still raw. Just 13 days had passed since George Floyd had died, igniting one of the largest collective demonstrations of civil unrest over the violence perpetrated against Black people in this country. Calls led by young Black activists to defund and abolish the police rippled outward from Minneapolis and around the world. Black Visions was established three years ago as a political and community base for Black people in Minneapolis. -
Reducing Fatal Police Shootings As System Crashes: Research, Theory, and Practice
CR01CH20_Sherman ARI 1 December 2017 13:40 Annual Review of Criminology Reducing Fatal Police Shootings as System Crashes: Research, Theory, and Practice Lawrence W. Sherman1,2 1Institute of Criminology, University of Cambridge, Cambridge, United Kingdom CB3 9DA; email: [email protected] 2Department of Criminology and Criminal Justice, University of Maryland, College Park, Maryland 20742, USA; email: [email protected] Annu. Rev. Criminol. 2018. 1:421–49 Keywords First published as a Review in Advance on police shootings, deadly force, organizational behavior, production October 13, 2017 pressures, system accidents, system crashes, gunshot wounds The Annual Review of Criminology is online at criminol.annualreviews.org Abstract https://doi.org/10.1146/annurev-criminol- Can fatal shootings by American police be reduced? If so, what theoretical 032317-092409 framework would be most useful in saving more lives? What research agenda Copyright c 2018 by Annual Reviews. would that framework suggest? The purpose of this review is to answer those All rights reserved three questions. It applies the system-accident framework (Perrow 1984) as a pathway to help police agencies reduce fatal police shootings, adapting it as system-crash prevention to encompass a wider range of systemic causes of catastrophic events. In contrast to deterrence, the dominant policy perspec- ANNUAL REVIEWS Access provided by 198.176.80.34 on 04/06/18. For personal use only. Further tive on reducing fatal shootings, a system-crash prevention approach applies Click here to view this article's online features: lateral thinking ( Johnson 2010) from lessons learned about airplane crashes, Annu. Rev. Criminol. 2018.1:421-449. -
The Underreporting of Police Justifiable Homicides
ISSUE 21:1 SPRING 2016 When Numbers Lie: the Under- reporting of Police Justifiable Homicides TIFFANY R. MURPHY* The Department of Justice’s Bureau of Justice Statistics (BJS) is tasked with tracking the number of police-involved homicides in a given year. Over a ten-year period, the BJS published the average number of police-involved homicides at 400 annually. However, the BJS’s ability to provide accurate information in this area is woefully lacking because of systemic failures in its data collection from law enforcement agencies. These deficiencies result in hundreds of police-involved homicides being unreported. What results is an incomplete picture for local, state, and federal agencies to make assessments as to how the over 18,000 law enforcement agencies are performing concerning the use of force, training, and de-escalation techniques. Several non-profits and news agencies have filled in the gap created by the BJS to portray an accurate picture of how many lives are taken by police officers in a given year. Their efforts show that close to 1,000 people are killed by police under the use of force doctrine—a figure over twice as high as the BJS published. A growing concern over law enforcement’s use-of-deadly force prompted Congress to enact the Death-in-Custody Reporting Act (DCRA), signed into law in December 2014. The simplicity of the DCRA should allow the BJS to collect accurate data in the future. However, the DCRA still relies solely on self-reporting from law enforcement agencies as a base for its data analysis. -
The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public
The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public A Briefing Report of the New York Advisory Committee to the U.S. Commission on Civil Rights March 2018 Advisory Committees to the U.S. Commission on Civil Rights By law, the U.S. Commission on Civil Rights has established an advisory Committee in each of the 50 states and the District of Columbia. These Committees are composed of state/district citizens who serve without compensation; they are tasked with advising the Commission of civil rights issues in their states/district that are within the Commission’s jurisdiction. Committees are authorized to advise the Commission in writing of any knowledge or information they have of any alleged deprivation of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, national origin, or in the administration of justice; advise the Commission on matters of their state or district’s concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to Committee inquiries; forward advice and recommendations to the Commission, as requested; and observe any open hearing or conference conducted by the Commission in their states/district. Acknowledgements The New York Advisory Committee thanks all of the participants in the March 20 and 21, 2017 briefings for sharing their expertise. The Committee also thanks the senior leadership of the NYPD for taking the time to share their expertise with us on the several days of interviews we conducted with them. -
Policing and the Clash of Masculinities
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2015 Policing and the Clash of Masculinities Ann McGinley Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Law and Gender Commons, Law and Race Commons, and the Law Enforcement and Corrections Commons Recommended Citation McGinley, Ann, "Policing and the Clash of Masculinities" (2015). Scholarly Works. 1010. https://scholars.law.unlv.edu/facpub/1010 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Policing and the Clash of Masculinities ANN C. MCGINLEY* INTRODUCTION: POLICING, RACE, AND GENDER .... 222 I. EMPIRICAL UNDERSTANDINGS OF POLICE BEH AVIOR ............................................ 227 A. Use of Force Studies ................................ 227 B. Investigations of Real Police Departments .......... 229 1. Cleveland, Ohio Division of Police ............. 229 2. Ferguson, Missouri Police Department .......... 233 II. MASCULINITIES STUDIES AND CRITICAL RACE THEORY: HEGEMONY, PRIVILEGE, AND SUBORDINATION .................................... 238 A. An Introduction to Masculinities Theory ........... 238 B. A Primer on Critical Race Theory .................. 240 1. Socially Constructed but Materially Relevant... 241 2. Structural Bias Expressed Implicitly ............ 241 3. Critical Race and Multidimensional Masculinities Theories .......................... 242 C. Using Multidimensional Masculinities to Analyze the Conflict Between Police and Black Men ....... 242 1. Gender, Race, Class, Police Officers, and Black Suspects ........................................ 242 2. Stereotypes: The Bad Black Man vs. the Good Black M an ...................................... 253 * William S. Boyd Professor of Law, University of Nevada, Las Vegas, Boyd School of Law, J.D., University of Pennsylvania Law School, 1982. -
IOLERO Annual Report FY 2017-18
Independent Office of Law Enforcement Review & Outreach (IOLERO) FY 2017-18 Annual Report Jerry Threet, Director September 18, 2018 Table of Contents Chapter 1: Introduction ................................................................................................................. 1 Chapter 2: Executive Summary .................................................................................................... 8 I. Audits of Administrative Investigations ............................................................................. 10 II. Policy Reviews and Recommendations ........................................................................... 11 III. Community Outreach and Engagement ........................................................................... 12 IV. IOLERO’s Community Advisory Council .......................................................................... 12 V. Looking Toward the Future .............................................................................................. 13 Chapter 3: The Sonoma County Sheriff’s Office ......................................................................... 15 I. History of the Sheriff’s Office ............................................................................................ 15 II. Missions of Sheriff’s Office ............................................................................................... 15 III. Organization, Staffing, & Budget of the Sheriff’s Office ................................................... 16 IV. Demographic Make-up of the -
Baysiders Torture Maid: DA Proposal Met Police Seek Help in Search for Third Suspect in Alleged Kidnapping, Assault with Criticism by TOM MOMBERG
LARGEST AUDITED COMMUNITY NEWSPAPER • LITTLE NECK LEDGER IN QUEENS • WHITESTONE TIMES Mar. 6–12, 2015 Your Neighborhood — Your News® FREE ALSO COVERING AUBURNDALE, COLLEGE POINT, DOUGLASTON, GLEN OAKS, FLORAL PARK Plane group Baysiders torture maid: DA proposal met Police seek help in search for third suspect in alleged kidnapping, assault with criticism BY TOM MOMBERG BY MADINA TOURE ALL FOR KATY The Bayside couple ac- cused of holding their maid A new Port Authority pro- against her will and tortur- posal for a roundtable to ad- ing her appeared in Queens dress jet noise and pollution Criminal Court this week for a around Queens’ two major scheduling hearing. The third airports has drawn mixed re- suspect still actions from advocates and had not been apprehended. residents. After setting a plea hearing The PA has proposed one for April 8, the couple’s Man- New York Airports Commu- hattan attorney, Lawrence nity Roundtable with two Fisher, tried to appeal to the separate airport committees, judge, Dorothy Chin-Brandt, one for JFK and the other for to set bail for defendant De- LaGuardia. vanand Lachman. Each airport committee During the couple’s ar- will have 32 voting members, raignment, Lachman was held with representative geograph- without bail. His wife, Ambar ic coverage of communities af- Lachman, who is four months’ fected by the airport. The com- pregnant, was released on bined membership will vote $50,000 bail. The judge extend- for an executive committee, ed Devanand Lachman’s bail which will be charged with waiver to April 22, denying formulating and approving Fisher’s request. -
Yet Another Ferguson Effect: an Exploratory Content Analysis Of
University of South Florida Scholar Commons Graduate Theses and Dissertations Graduate School June 2018 Yet Another Ferguson Effect: An Exploratory Content Analysis of News Stories on Police Brutality and Deadly Force Before and After the Killing of Michael Brown Carl Root University of South Florida, [email protected] Follow this and additional works at: https://scholarcommons.usf.edu/etd Part of the Criminology and Criminal Justice Commons, and the Mass Communication Commons Scholar Commons Citation Root, Carl, "Yet Another Ferguson Effect: An Exploratory Content Analysis of News Stories on Police Brutality and Deadly Force Before and After the Killing of Michael Brown" (2018). Graduate Theses and Dissertations. https://scholarcommons.usf.edu/etd/7360 This Dissertation is brought to you for free and open access by the Graduate School at Scholar Commons. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. Yet Another Ferguson Effect: An Exploratory Content Analysis of News Stories on Police Brutality and Deadly Force Before and After the Killing of Michael Brown by Carl Root A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Criminology Department of Criminology College of Behavioral and Community Sciences University of South Florida Co-Major Professor: Lorie Fridell, Ph.D. Co-Major Professor: Victor Kappeler, Ph.D. Wilson Palacios, Ph.D. Wesley Jennings, Ph.D. John Cochran, Ph.D. Max Bromley, Ed.D. Date of Approval: June 7, 2018 Keywords: use of force, media, news, event-driven model Copyright © 2018, Carl Root DEDICATION As a survivor of police brutality, completing this research was not just a difficult ordeal, but also sometimes a torturous one. -
Compañeras/Os to San Francisco, California to the 2015 Conference of the National Association for Chicana and Chicano Studies (NACCS)
Welcome compañeras/os to San Francisco, California to the 2015 conference of the National Association for Chicana and Chicano Studies (NACCS): This is a wonderful opportunity for us to gather in a city which has a rich Mexican, Chicano and Latino culture and history. One of my most meaningful memories was living in the San Francisco Bay Area where I taught at San José College and experienced great alliances with people who fought for access to higher education, EOP, and the development of Chicana/o Studies. Those were important days that forged my commitment for equity, inclusion, and a quest for social justice which I carry on today. My observations here extend to the state of justice both at a local and global level. I am concerned about the state of world affairs and understand that it affects all of us in distinct ways. Living in Wisconsin where struggles are happening on a day‐to‐day basis and where we can take nothing for granted, I continue to think about the lessons learned long ago as I became a seasoned advocate for people of color and for justice at the ground level. NACCS has been a central space of sustenance and renewal for me over the many years of my involvement. Presently, we are experiencing a global clash of cultures, religions, economic and political systems which are spiraling out of control. A new social political language has emerged to obfuscate the true meaning of words, to appeal to our fears and emotions, and to pander to extremism in the social, political, and religious landscapes. -
Kirkus Reviews on Our BOARD & NOVELTY BOOKS
Featuring 340 Industry-First Reviews of Fiction, Nonfiction, Children'sand YA books KIRKUSVOL. LXXXIX, NO. 8 | 15 APRIL 2021 REVIEWS SPECIAL Indie ISSUE Plus interviews with: Celebrating the spark & spirit of Kaitlyn Greenidge, Justine Bateman, independently published books Laekan Zea Kemp, and Jay Hosler With a sampler of great Indie writing and conversations with the authors FROM THE EDITOR’S DESK | Karen Schechner Chairman Direct Access Reading HERBERT SIMON President & Publisher MARC WINKELMAN # When writing about independent publishing, I usually trot out the Chief Executive Officer stats. The point being: Read more Indie! Millions of people already do. MEG LABORDE KUEHN For this year’s Indie Issue, instead of another rundown of Bowker’s lat- [email protected] Editor-in-Chief est figures, we wanted to offer direct access to Indieland’s finest. Look TOM BEER for excerpts in various genres, like a scene from Margaret F. Chen’s eerie [email protected] Vice President of Marketing short story collection, Suburban Gothic, and in-depth conversations with SARAH KALINA several authors, including Esther Amini, who talks about Concealed, her [email protected] memoir of growing up as a Jewish Iranian immigrant. And, since it’s been Managing/Nonfiction Editor ERIC LIEBETRAU one of our worst, most isolating, stressful years, we checked in with Indie [email protected] authors; here’s how they coped with 2020-2021. Fiction Editor LAURIE MUCHNICK During the lockdown, author and beekeeper J.H. Ramsay joined an [email protected] online network of writers and artists, and he completed his SF debut, Young Readers’ Editor VICKY SMITH Predator Moons.