How to Correctly Collect and Analyze Racial Profiling Data: Your Reputation Depends on It!
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Bad Cops: a Study of Career-Ending Misconduct Among New York City Police Officers
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Bad Cops: A Study of Career-Ending Misconduct Among New York City Police Officers Author(s): James J. Fyfe ; Robert Kane Document No.: 215795 Date Received: September 2006 Award Number: 96-IJ-CX-0053 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Bad Cops: A Study of Career-Ending Misconduct Among New York City Police Officers James J. Fyfe John Jay College of Criminal Justice and New York City Police Department Robert Kane American University Final Version Submitted to the United States Department of Justice, National Institute of Justice February 2005 This project was supported by Grant No. 1996-IJ-CX-0053 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of views in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. -
Commission Internationale De Juristes Mission
Commission internationale de juristes Mission La Commission internationale de juristes est consacree a la primaute, a la coherence et a l'application du droit international et des principes qui font progresser les droits de l'Homme. La Commission internationale de juristes (CIJ) se distingue par l'impartialite, l'objectivite et l'approche juridique faisant autorite qu'elle applique a la protec tion et a la promotion des droits de l'Homme par le biais du respect de la preeminence du droit. La CIJ fournit des services d'experts juridiques aux niveaux national et interna tional afin de garantir que le developpement du droit international reste fidele aux principes des droits de l'Homme et que les normes internationales soient mises en oeuvre au plan national. La Commission, creee a Berlin en 1952, est composee de 60 juristes eminents qui representent les divers systemes juridiques du monde. II incombe au Secretariat international, base a Geneve, de realiser les buts et objectifs de la Commission. Pour s'acquitter de cette tache, le Secretariat international beneficie d'un reseau de sections nationales autonomes et d'organisations affiliees implantees sur tous les continents. Parmi les distinctions decernees a la CIJ en hommage aux contributions qu'elle a apportees a la promotion et a la protection des droits de l'Homme figurent le premier Prix europeen des droits de l'Homme attribue par le Conseil de l'Europe, le Prix Wateler pour la paix, le Prix Erasme et le Prix des Nations Unies pour les droits de l'Homme. Commission internationale de juristes Case postale 216 - 81 A, avenue de Chatelaine CH - 1219 Chatelaine / Geneve - Suisse Tel: (+41 22) 979 38 00 Fax: (+41 22) 979 38 01 E-Mail: [email protected] Site web: www.icj.org ELEMENTS FOR A GENERAL RECOMMENDATION ON RACIAL DISCRIMINATION IN THE ADMINISTRATION OF JUSTICE TABLE OF CONTENTS I ntroduction................................................................................................................................................................................................. -
MISCARRIAGES of JUSTICE ORIGINATING from DISCLOSURE DEFICIENCIES in CRIMINAL CASES A. Disclosure Failures As Ground for Retria
CHAPTER FOUR MISCARRIAGES OF JUSTICE ORIGINATING FROM DISCLOSURE DEFICIENCIES IN CRIMINAL CASES A. Disclosure Failures as Ground for Retrials: Common Law Standards and Examples This chapter will delve more deeply into one of the most fundamental causes of miscarriages of justice in (international) criminal cases, namely failure on the part of police and/or prosecution to timely, adequately and fairly disclose potentially exculpatory evidence to the judge, juries, and defense. The U.S. National Registry of Exonerations (NRE) which keeps count of exonerations in the U.S. from 1989 onwards, does not – in its offi- cial counting – include cases of group exonerations due to police and prosecutorial misconduct. In its June 2012-report the NRE counted 901 exonerations, the number has risen to 1,000 exonerations only five months later.1 The report discusses cases of at least 1,100 defendants who were exonerated in the so-called “group exonerations”. These exonerations were the consequence of the revelation of gross police misconduct in twelve cases since 1995 in which innocent defendants had been framed by police officers for mostly drug and gun crimes.2 Yet, most of the group exonera- tions were spotted accidently, as the cases are obscure and for some of the scandals the number of exonerees could only be estimated; these num- bers are not included in the 1,000 exonerations the registry counted on 30 October 2012.3 In many cases it will be hard to establish that police or prosecutorial misconduct did in fact occur; a conclusion that was also drawn by the NRE. This chapter will delve into cases where misconduct did come to light while analyzing the criminal law proceedings which led to these errors. -
Don't Shoot: Race-Based Trauma and Police Brutality Leah Metzger
Taylor University Pillars at Taylor University Orphans and Vulnerable Children Student Orphans and Vulnerable Children Scholarship Spring 2019 Don't Shoot: Race-Based Trauma and Police Brutality Leah Metzger Follow this and additional works at: https://pillars.taylor.edu/ovc-student Part of the Child Psychology Commons, Higher Education Commons, and the Social Welfare Commons Running head: DON’T SHOOT 1 Don’t Shoot: Race-Based Trauma and Police Brutality Leah Metzger Taylor University DON’T SHOOT 2 Introduction With the growing conversation on police brutality against black Americans, there is an increasing need to understand the consequences this has on black children. Research is now showing that children and adults can experience race-based trauma, which can have profound effects on psychological and physical well-being, and can also impact communities as a whole. The threat and experience of police brutality and discrimination can be experienced individually or vicariously, and traumatic symptoms can vary depending on the individual. Children are especially vulnerable to the psychological and physical effects of police brutality and the threat thereof because of their developmental stages. Definitions and prevalence of police brutality will be discussed, as well as race based trauma, the effects of this trauma, and the impact on communities as a whole. Police Brutality Definitions Ambiguity surrounds the discussion on police brutality, leaving it difficult for many to establish what it actually is. For the purpose of this paper, police brutality is defined as, “a civil rights violation that occurs when a police officer acts with excessive force by using an amount of force with regards to a civilian that is more than necessary” (U.S. -
Police Perjury: a Factorial Survey
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Police Perjury: A Factorial Survey Author(s): Michael Oliver Foley Document No.: 181241 Date Received: 04/14/2000 Award Number: 98-IJ-CX-0032 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. FINAL-FINAL TO NCJRS Police Perjury: A Factorial Survey h4ichael Oliver Foley A dissertation submitted to the Graduate Faculty in Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. The City University of New York. 2000 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. I... I... , ii 02000 Michael Oliver Foley All Rights Reserved This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
1 Racial Profiling and Street-Level Crime the National Significance Of
Racial Profiling and Street-level Crime The national significance of the Trayvon Martin case has ignited a heated discussion about bias and racial profiling in this country. The prologue for this conversation was established in communities across the country where racial profiling by law enforcement has been commonplace for years. Notwithstanding the fact that racial profiling is unconstitutional, and despite the emphatic declaration from the federal government that the practice is “invidious,” “wrong,” “ineffective,” and “harmful to our rich and diverse democracy,” quantitative and qualitative evidence collected at the federal, state, and local levels confirms that racial profiling persists. Empirical evidence confirms the existence of racial profiling on America’s roadways and that police actions taken during traffic stops are not uniform across race and ethnicity. The U.S. Department of Labor’s Bureau of Justice Statistics reports that for the year 2005: • Black drivers (4.5 percent) were twice as likely as White drivers (2.1 percent) to be arrested during a traffic stop, while Hispanic drivers (65 percent) were more likely than White (56.2 percent) or Black (55.8 percent) drivers to receive a ticket. • In addition, Whites (9.7 percent) were more likely than Hispanics (5.9 percent) to receive a written warning, while Whites (18.6 percent) were more likely than Blacks (13.7 percent) to be verbally warned by police. • Black (9.5 percent) and Hispanic (8.8 percent) motorists stopped by police were searched at higher rates than Whites (3.6 percent). Quantitative evidence reported in several states confirms this nationwide data. • A study in Arizona shows that during 2006–2007, the state highway patrol was significantly more likely to stop African Americans and Hispanics than Whites on all the highways studied, while Native Americans and persons of Middle Eastern descent were more likely to be stopped on nearly all the highways studied. -
Barriers to Identifying Police Misconduct
Barriers to Identifying Police Misconduct A Series on Police Accountability and Union Contracts by the Coalition for Police Contracts Accountability Barriers to Identifying Police Misconduct Introduction The Problem For decades, the Chicago Police department has had a “code of silence” that allows officers to hide misconduct. The Fraternal Order of Police (FOP) Lodge 7 and the Illinois Policemen’s Benevolent and Protective Association (PBPA) union contracts with the City of Chicago effectively make this “code of silence” official policy, making it too hard to identify police misconduct and too easy for police officers to lie about it and hide it. Both the Department of Justice and the Police Accountability Task Force have raised serious concerns about provisions in the police contracts, and Mayor Rahm Emanuel has acknowledged that the "code of silence" is a barrier to reform of the police department. Until the harmful provisions in the police contracts are changed, police officers will continue to operate under a separate system of justice. The Coalition The Coalition for Police Contracts Accountability (CPCA) proposes critical changes to the police union contracts and mobilizes communities to demand that new contracts between the City of Chicago and police unions don’t stand in the way of holding officers accountable. We are composed of community, policy, and civil rights organizations taking action to ensure police accountability in the city of Chicago. This Report CPCA has proposed 14 critical reforms to Chicago’s police union contracts which, collectively, can have a significant impact in ending the code of silence and increasing police accountability. This report is the first of five reports that the CPCA will publish presenting substantial evidence in support of each of our 14 recommendations. -
Unraveling Unlawful Entrapment Anthony M
Journal of Criminal Law and Criminology Volume 94 Article 1 Issue 4 Summer Summer 2004 Unraveling Unlawful Entrapment Anthony M. Dillof Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Anthony M. Dillof, Unraveling Unlawful Entrapment, 94 J. Crim. L. & Criminology 827 (2003-2004) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 009 1-4169/04/9404-0827 THE JOURNALOF CRIMINAL LAW& CRIMINOLOGY Vol. 94, No. 4 Copyright ©2004 by Northwesten University, School of Law Printed in U.S.A. UNRAVELING UNLAWFUL ENTRAPMENT ANTHONY M. DILLOF* I. INTRODUCTION Entrapment is as old as a pleasant garden, a forbidden fruit, and a subtle snake. "The serpent beguiled me, and I did eat," pleaded Eve in response to an accusing Lord God.' Early English cases report instances of citizens being lured into crime so they might be apprehended. 2 Nineteenth century American cases similarly record examples of persons tempted to illegality for the purpose of subjecting them to criminal sanctions. Entrapment as a social phenomenon has long been with us. .Associate Professor of Law, Wayne State University Law School. A.B., Harvard University; J.D., Columbia University School of Law; LL.M., Columbia University School of Law. I thank Anthony Duff, Stuart Green, and Peter Henning, whose insightful comments and critiques should in no way be construed as endorsements. -
A Case Study on Police Misconduct in the United States Of
A CASE STUDY ON POLICE MISCONDUCT IN THE UNITED STATES OF AMERICA AND AN APPLICABLE MODEL FOR THE TURKISH NATIONAL POLICE Izzet Lofca, B.A. Thesis Prepared for the Degree of MASTER OF SCIENCE UNIVERSITY OF NORTH TEXAS August 2002 APPROVED: Robert W. Taylor, Major Professor Peggy Tobolowsky, Committee Member John Liederbach, Committee Member David W. Hartman, Dean of the School of Community Services C. Neal Tate, Dean of the Robert B. Toulouse School of Graduate Studies Lofca, Izzet, A case study on police misconduct in the United States of America and an applicable model for the Turkish National Police. Master of Science (Criminal Justice), August 2002, 122 pp., 4 tables, references, 174 titles. This study explores the underlying causes and deterrent control mechanisms of police misconduct in the United States. Outcomes of causes and control mechanisms constitute the basis for an applicable model for the Turkish National Police (TNP). Why is some police behavior deviate? What are the main determinants of police misconduct? Is police misconduct a result of sociological behavior and subcultural development within police organizations or a psychological behavior as an outcome of officers’ personal traits? What are the control mechanisms for police misconduct? What are their strengths and weaknesses? Do they deter or not? Is there a control mechanism that deters better than others? What is the best deterrence model for the TNP? ACKNOWLEDGMENTS This paper was a long time in coming to its conclusion, and there were a number of individuals who were instrumental in this endeavor in addition to the Turkish National Police which this study is sponsored by. -
Race and the Fourth Amendment.Pdf
RACIAL PROFILING AND THE FOURTH AMENDMENT Juval O. Scott Attorney Advisor Office of Defender Services Training Division Washington, D.C. I. Introduction “The erosion of Fourth Amendment liberties comes not in dramatic leaps but in small steps, in decisions that seem “fact- bound,” case specific, and almost routine at first blush. Taken together, though, these steps can have broader implications for the constitutional rights of law-abiding citizens.”1 It seems as though one can barely turn on the nightly news without learning of yet another heartbreaking tale of a person dying at the hands of law enforcement officers. The face of the deceased is disproportionality black and/or brown. Of course this phenomenon is not new—these days it is simply caught on camera and disseminated via mass and social media for all to consume. While there are differing views on how these matters should be handled and what they mean for society as a whole, there is no question that having these issues surrounding race and the Fourth Amendment discussed openly means it is time for criminal defense attorneys to dig in and fight for change in our system. Specifically, we must address racial profiling and its impact on our clients articulating how the life experience, both individual and collective, our clients endure must be factored in to the court’s Fourth Amendment analysis. 1 United States v. Tinnie, 629 F.3d 749, 754 (7th Cir. 2011)(HAMILTON, dissenting). 1 001 This session will delve into the standards set forth by the United States Supreme Court and how we can use those standards to combat seizures that run afoul of the Fourth Amendment. -
Racial Profiling Studies in Law Enforcement: Issues and Methodology
INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 June 2000 Jim Cleary,* Legislative Analyst 651-296-5053 Racial Profiling Studies in Law Enforcement: Issues and Methodology Many communities have undertaken racial profiling studies to examine if and how someone’s race and ethnicity plays a part in stops by law enforcement. This information brief describes the central concepts, issues, and methodological challenges involved in studying racial profiling in law enforcement. Contents Page Introduction...............................................................3 Part I: Issues Relating to Racial Profiling Studies................................5 Competing Definitions of “Racial Profiling”..................................5 Varying Viewpoints on Racial Profiling.....................................7 Critique of the “Rational Discrimination” Basis for Racial Profiling: Circular Reasoning..........................................12 Levels of Police Discretion: An Important Distinction.........................13 Broken Windows vs. Community Policing: The Context of Racial Profiling Studies...................................................14 Race Data Collection Practices Among the States............................16 Possible Behavioral Responses to Racial Profiling Studies......................19 *For legal questions about racial profiling, please contact legislative analyst Judith Zollar, 651-296-1554. This publication can be made available in alternative formats upon request. -
The Principle of the Presumption of Innocence and Its Challenges in the Ethiopian Criminal Process
THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE AND ITS CHALLENGES IN THE ETHIOPIAN CRIMINAL PROCESS Simeneh Kiros Assefa, Esq. ♣ Abstract The administration of the criminal justice system tries to strike a balance between the search for truth and the fairness of the process. To this end, the law should protect individual rights and impose various legal burdens on the state. One such tool is the principle of the presumption of innocence until proven guilty . This is a constitutional principle under Ethiopian law and requires the public prosecutor to prove each element constituting the crime which, as argued in this article, should be proved beyond reasonable doubt. However, this principle is being violated by various subsidiary laws, procedures and practices. First, there are various provisions in the criminal law that limit (or arguably disregard) this constitutional principle. Such criminal law provisions assume as proved the existence of some of the elements of certain crimes without requiring the public prosecutor to submit evidence. Second, the Criminal Justice Administration Policy adopted in 2011 contemplates shifting the burden of proof to the defendant in selected serious crimes. Third, the courts also wrongly shift burden of proof to the accused regarding certain facts in various court decisions. These laws and judicial practices deprive the accused of the right to be presumed innocent until proven guilty. This article, inter alia , examines the constitutionality of such shifting of the burden of proof and also analyzes the standards of proof that are required in criminal cases in the Ethiopian context. Key words Presumption of innocence, burden of proof, criminal process, criminal justice, confessions, Ethiopia DOI http://dx.doi.org/10.4314/mlr.v6i2.4 ______________ Introduction The state has the primary responsibility of detection, apprehension, prosecution and conviction of offenders.