Building Trust Between Police and Community in Michigan, Lessons
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Treading the Thin Blue Line: Military Special-Operations Trained Police SWAT Teams and the Constitution
William & Mary Bill of Rights Journal Volume 9 (2000-2001) Issue 3 Article 7 April 2001 Treading the Thin Blue Line: Military Special-Operations Trained Police SWAT Teams and the Constitution Karan R. Singh Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Law Enforcement and Corrections Commons Repository Citation Karan R. Singh, Treading the Thin Blue Line: Military Special-Operations Trained Police SWAT Teams and the Constitution, 9 Wm. & Mary Bill Rts. J. 673 (2001), https://scholarship.law.wm.edu/wmborj/vol9/iss3/7 Copyright c 2001 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj TREADING THE THIN BLUE LINE: MILITARY SPECIAL-OPERATIONS TRAINED POLICE SWAT TEAMS AND THE CONSTITUTION The increasing use of SWAT teams and paramilitaryforce by local law enforcement has been thefocus of a growingconcern regardingthe heavy-handed exercise of police power. Critics question the constitutionality ofjoint-training between the military and civilian police, as well as the Fourth Amendment considerationsraised by SWAT tactics. This Note examines the history, mission, and continuing needfor police SWAT teams, addressingthe constitutionalissues raisedconcerning training and tactics. It explains how SWATjoint-training with the military is authorized by federal law and concludes that SWAT tactics are constitutionallyacceptable in a majority of situations. Though these tactics are legal andconstitutionally authorized, this Note acknowledges the validfearscritics have regarding the abuse of such police authority, and the limitations of constitutionaltort jurisprudence in adequately redressingresulting injuries. INTRODUCTION Americans awoke on the morning of April 23,2000 to news images seemingly taken from popular counterterrorist adventure movies. -
Promotion and Protection of the Human Rights and Fundamental
Written Submission prepared by the International Human Rights Clinic at Santa Clara University School of Law for the Office of the United Nations High Commissioner for Human Rights’ Call for Input on the Promotion and protection of the human rights and fundamental freedoms of Africans and people of African descent against excessive use of force and other human rights violations by law enforcement officers pursuant to Human Rights Council resolution 43/1 International Human Rights Clinic at Santa Clara Law 500 El Camino Real Santa Clara, CA 95053-0424 U.S.A. Tel: +1 (408) 554-4770 [email protected] http://law.scu.edu/ihrc/ Diann Jayakoddy, Student Maxwell Nelson, Student Sukhvir Kaur, Student Prof. Francisco J. Rivera Juaristi, Director December 4, 2020 TABLE OF CONTENTS I. INTRODUCTION 3 II. IN A FEDERALIST SYSTEM, STATES AND LOCAL GOVERNMENTS MUST EXERCISE THEIR AUTHORITY TO REFORM LAWS ON POLICE ACCOUNTABILITY AND ON RESTRICTING THE USE OF FORCE BY POLICE OFFICERS 4 A.Constitutional standards on the use of force by police officers 5 B.Federal law governing police accountability 6 C.State police power 7 D.Recommendations 9 III. STATE AND LOCAL GOVERNMENTS MUST LIMIT THE ROLE OF POLICE UNIONS IN OBSTRUCTING EFFORTS TO HOLD POLICE OFFICERS ACCOUNTABLE IN THE UNITED STATES 9 A.Police union contracts limit accountability and create investigatory and other hurdles 10 1.Police unions can impede change 11 2.Police unions often reinforce a culture of impunity 12 B.Recommendations 14 IV. INTERNATIONAL HUMAN RIGHTS OBLIGATIONS REGARDING NON-DISCRIMINATION AND THE PROTECTION OF THE RIGHTS TO LIFE, HEALTH, AND SECURITY REQUIRE DIVESTMENT OF POLICE DEPARTMENT FUNDING AND REINVESTMENT IN COMMUNITIES AND SERVICES IN THE UNITED STATES 14 A.“Defunding the Police” - a Movement Calling for the Divestment of Police Department Funding in the United States and Reinvestment in Communities 15 B.Recommendations 18 2 I. -
Breonna Taylor. Elijah Mcclain. George Floyd
Breonna Taylor. Elijah McClain. George Floyd. Say their names. Global protests are evoking long-awaited conversations regarding Black lives and the oppression that marginalized communities still face today under the eyes of the law. Throwing tear gas and shooting rubber bullets at protestors is adding fuel to the furious cries to defund police. We have tried reform: body cameras, de-escalating training programs and anti-bias training. These attempts at police reform are not enough. We can and should defund the police and put that money into services that can prevent the lives we are losing. Daniel Prude. Atatiana Jefferson. Aura Rosser. Say their names. Despite the abolishment of slavery with the ratification of the 13th amendment to the American constitution in 1865, Black lives are still being denied their rights as U.S. citizens (“The Senate Passes the Thirteenth Amendment.”). Isaac Bryan, the director of UCLA’s Black Policy Center, explains that the police system in the United States was established around the purpose of capturing escaped slaves; he says, “That history is engrained in our law enforcement” (Andrew). Yes, slavery was abolished, but the Jim Crow laws enforcing racial segregation in Southern United States took its place. In 2017, police departments received approximately $114.5 billion nationwide from state and local governments. $111 billion (97%) of that budget went towards paying the police officers their salaries and their benefits (“Defund the Police - Top 3 Pros and Cons.”). Do we, the community they serve to protect, deserve only 3% of their funding? “To Serve and Protect” is a motto that remains unfulfilled (“The Origin of the LAPD Motto”). -
Blacklivesmatter—Getting from Contemporary Social Movements to Structural Change
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2021 #BlackLivesMatter—Getting from Contemporary Social Movements to Structural Change Jamillah Bowman Williams Georgetown University Law Center, [email protected] Naomi Mezey Georgetown University Law Center, [email protected] Lisa O. Singh Georgetown University, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2387 https://ssrn.com/abstract=3860435 California Law Review Online, Vol. 12, Reckoning and Reformation symposium. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Law and Race Commons, and the Law and Society Commons #BlackLivesMatter— Getting from Contemporary Social Movements to Structural Change Jamillah Bowman Williams*, Naomi Mezey**, and Lisa Singh*** Introduction ................................................................................................. 2 I. Methodology ............................................................................................ 5 II. BLM: From Contemporary Social Movement to Structural Change ..... 6 A. Black Lives Matter as a Social Media Powerhouse ................. 6 B. Tweets and Streets: The Dynamic Relationship between Online and Offline Activism ................................................. 12 C. A Theory of How to Move from Social Media -
Resources on Racial Justice June 8, 2020
Resources on Racial Justice June 8, 2020 1 7 Anti-Racist Books Recommended by Educators and Activists from the New York Magazine https://nymag.com/strategist/article/anti-racist-reading- list.html?utm_source=insta&utm_medium=s1&utm_campaign=strategist By The Editors of NY Magazine With protests across the country calling for systemic change and justice for the killings of George Floyd, Ahmaud Arbery, Breonna Taylor, and Tony McDade, many people are asking themselves what they can do to help. Joining protests and making donations to organizations like Know Your Rights Camp, the ACLU, or the National Bail Fund Network are good steps, but many anti-racist educators and activists say that to truly be anti-racist, we have to commit ourselves to the ongoing fight against racism — in the world and in us. To help you get started, we’ve compiled the following list of books suggested by anti-racist organizations, educators, and black- owned bookstores (which we recommend visiting online to purchase these books). They cover the history of racism in America, identifying white privilege, and looking at the intersection of racism and misogyny. We’ve also collected a list of recommended books to help parents raise anti-racist children here. Hard Conversations: Intro to Racism - Patti Digh's Strong Offer This is a month-long online seminar program hosted by authors, speakers, and social justice activists Patti Digh and Victor Lee Lewis, who was featured in the documentary film, The Color of Fear, with help from a community of people who want and are willing to help us understand the reality of racism by telling their stories and sharing their resources. -
1407 Taking Back the Streets (Defunding the Police and the Sarah Everard Outcry)
#1407 Taking Back the Streets (Defunding the Police and the Sarah Everard Outcry) JAY TOMLINSON - HOST, BEST OF THE LEFT: [00:00:00] Welcome to this episode of the award-winning Best of the Le; Podcast in which we shall learn about the progress being made on the effort to reform and de-fund the police in America, as well as the re-ignited campaign to make society safe for women in the wake of the Sarah Everard murder in the UK. If you need a refresher or know someone who does, I highly recommend that you check out our episode from last year, it's number 1360 Redefine, Unburden, and #DefundThePolice to get a deep dive perspecTve on the defund the police movement. It's been less than a year since the concept entered mainstream consciousness, there's sTll plenty of misconcepTons about it. So make sure that you and everyone else you know, understands what people are actually talking about, not what some scaremongers would have you believe. And now onto the show clips today are from In The Loop, the PBS NewsHour, MTV Impact, the Ra:onal Na:onal, Ring of Fire Radio, the Telegraph, TyskySour, Channel 4 News, CNN UK, the Laura Flanders Show, and Into America. AusNn’s Plan To Defund The Police - In The LooP - Air Date 2-22-21 CHRISTIAN BRYANT - HOST, IN THE LOOP: [00:01:11] "Defund the police" became a super controversial slogan last year when it entered the mainstream, even a;er it was rejected by both Joe Biden, Donald Trump, and a long list of other poliTcal leaders. -
Defunding the Police As Environmental Justice
ADVOCATES’ FORUM DEFUNDING THE POLICE AS ENVIRONMENTAL JUSTICE Alexandrea Wilson Abstract Policing, rooted in the surveillance of Black folks and used to subordinate minority communities, is often understood as an icon of institutional racism. Environmental racism refers to the policies that create and build on racial disparities, again in terms of the space in which people live. Food insecurity, climate change, and air pollution are the symptoms of environmental racism because they disproportionately impact low-income communities of color. This paper explores the connection between two responses to these forms of anti-Black violence embedded in space: the environmental justice movement and the defund the police movement. It argues that anti-Black violence, through policing, contributes to the normalization of environmental racism that primarily burdens Black and Brown communities. It closes with discussing the contribution that social workers could potentially provide to the environmental field and what a focus on the environment in which people live could mean for social work more broadly. “I Can’t Breathe” or the past year, COVID-19 has created an environment of uncertainty. This alone caused the cyclical change of seasons to feel Flike unfamiliar moments in time. The pandemic also seemed to bring to the forefront the structural inequalities that are so deeply embedded within American society. These inequalities were reflected in the disproportionate impact the pandemic had on communities of color across the nation. The Center for Disease Control (CDC) reported that Indigenous Americans were 2.4 times as likely to die from Covid-19 than White non-Hispanic Americans (Center for Disease Control, 2021). -
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. -
Defund Or #Re-Fund?: Re- Examining Bayley's Blueprint for Police Reform
CrimRxiv #Defund or #Re-Fund?: Re- Examining Bayley’s Blueprint for Police Reform Jacek Koziarski1, Laura Huey1 1University of Western Ontario Published on: Mar 28, 2021 DOI: 10.21428/cb6ab371.b70aee84 License: Creative Commons Attribution 4.0 International License (CC-BY 4.0) CrimRxiv #Defund or #Re-Fund?: Re-Examining Bayley’s Blueprint for Police Reform Abstract: In light of the defund the police movement, it is imperative we consider what police reform could and potentially should look like. Some, for example, have called for a reduced police footprint in marginalized communities through reallocating police funding toward preventative services for a myriad of social issues. However, drawing on Bayley’s (1994) Police for the Future, we show that a dilemma arises with respect to police involvement in these issues: the police cannot be solely relied upon to address all social issues, but they cannot be fully absolved of the responsibility either. As such, further drawing on Bayley’s (1994) thoughts for police reform, we instead argue for the adoption of evidence-based policing as a more fruitful driver of meaningful, long- term police reform as it not only enables the police to identify practices that are effective or even harmful, but it also can be used as means for police accountability. Keywords: Policing; Reform; Defund the Police; Evidence-Based Policing; David Bayley Corresponding Author: Jacek Koziarski – [email protected] This is a pre-copyedited, author-produced version of an article accepted for publication in the International Journal of Comparative and Applied Criminal Justice, following peer review. The version of record, Koziarski, J. -
Blue Lives Matter
COP FRAGILITY AND BLUE LIVES MATTER Frank Rudy Cooper* There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012–2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police resistance to criticism. It fits within the tradition of the “Blue Wall of Silence,” but also includes a new pro-police movement known as Blue Lives Matter. The Blue Lives Matter movement makes the dubious claim that there is a war on police and counter attacks by calling for making assaults on police hate crimes akin to those address- ing attacks on historically oppressed groups. Legal scholarship has not comprehensively considered the impact of the new police criticism on the police. It is especially remiss in attending to the implications of Blue Lives Matter as police resistance to criticism. This Article is the first to do so. This Article illuminates a heretofore unrecognized source of police resistance to criticism by utilizing diversity trainer and New York Times best-selling author Robin DiAngelo’s recent theory of white fragility. “White fragility” captures many whites’ reluctance to discuss ongoing rac- ism, or even that whiteness creates a distinct set of experiences and per- spectives. White fragility is based on two myths: the ideas that one could be an unraced and purely neutral individual—false objectivity—and that only evil people perpetuate racial subordination—bad intent theory. Cop fragility is an analogous oversensitivity to criticism that blocks necessary conversations about race and policing. -
The Failure of Local and Federal Prosecutors to Curb Police Brutality, 30 Fordham Urb
Fordham Urban Law Journal Volume 30 | Number 2 Article 7 2003 The aiF lure of Local and Federal Prosecutors to Curb Police Brutality Asit S. Panwala Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Criminal Law Commons Recommended Citation Asit S. Panwala, The Failure of Local and Federal Prosecutors to Curb Police Brutality, 30 Fordham Urb. L.J. 639 (2002). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/7 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The aiF lure of Local and Federal Prosecutors to Curb Police Brutality Cover Page Footnote The Author ouldw like to thank Christine Chen, Anthony Thompson, and Ronald Goldstock for their support and help in this endeavor. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/7 THE FAILURE OF LOCAL AND FEDERAL PROSECUTORS TO CURB POLICE BRUTALITY Asit S. Panwala* INTRODUCTION Excessive use of force by police officers undermines faith in the criminal justice system. Citizens expect those with badges and guns to follow the law as well as enforce it, but these two roles often come into conflict. Reporter Craig Horowitz recounted that one police officer justified his hitting a suspect in the stomach when the suspect tried to run away as being necessary to reestablish author- ity.1 Another police officer is quoted as saying, "[i]f someone disses you, you take him in an alley and slap him. -
Public Safety Blueprint for Change
Public Safety Blueprint for Change 1 Public Safety Blueprint for Change Note: The AFL-CIO has 13 affiliate unions who represent law enforcement professionals. The AFL-CIO Task Force on Racial Justice convened a subcommittee on policing to provide a venue for union members in law enforcement, and their representatives, to develop recommendations on issues of public safety reform. The group expanded to include representatives from the Service Employees International Union (SEIU) and the International Brotherhood of Teamsters (IBT), both of which represent law enforcement officers. This Public Safety Blueprint for Change is written by and from the perspective of unionized law enforcement officers and leaders, and endorsed by the participating unions and the AFL-CIO Task Force on Racial Justice. The labor movement, as an integral part of our correctly every day from calling out their peers whose communities and the representative of many law actions are a detriment to maintaining peace and enforcement officers, has a unique role to play in safety, the profession and the community relationships changing public safety. This Public Safety Blueprint needed for success. Systemic racism has been used for Change, based on our expertise, experience and throughout history as a tool by those in power to aspirations, is our contribution to the public safety divide workers, leading to the “us vs. them” mentality reform debate in America today. The fundamental that is dominating today’s political and social unrest. goal of this blueprint is to build productive, positive and trusting community relationships, and to have the With union members experiencing these tensions working professionals who provide public safety daily in our nation firsthand, and the labor movement the be a driving force for meaningful reforms grounded in single best vehicle for bringing police and community equity, inclusion and racial justice.