University of Chicago Legal Forum Volume 2016 Article 15 2016 Governing the American Police: Wrestling with the Problems of Democracy Samuel Walker Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Walker, Samuel (2016) "Governing the American Police: Wrestling with the Problems of Democracy," University of Chicago Legal Forum: Vol. 2016 , Article 15. Available at: http://chicagounbound.uchicago.edu/uclf/vol2016/iss1/15 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized editor of Chicago Unbound. For more information, please contact
[email protected]. Governing the American Police: Wrestling with the Problems of Democracy Samuel Walkert I. INTRODUCTION: GOVERNING THE AMERICAN POLICE-AND THE PROBLEM WITH DEMOCRACY Winston Churchill, the famed Prime Minister of England, once observed that "it has been said that democracy is the worst form of Government except all those other forms that have been tried from time to time."' Churchill's trenchant remark well states the problem of governing the police in the United States. For many decades, and not simply in the period since the tragic events in Ferguson, Missouri, in August 2014, critics of the police have charged that the police are "out of control," 2 and a "law unto themselves," 3 acting with little regard for the law and standards of human decency. The melancholic truth, however, is that the police are not out of control in terms of democratic self- government. City police forces, which are the focus of our current national police crisis and also the subject of this Article, are directly controlled by popularly elected mayors and city councils.