Policing Posts
Actions Taken at the 2021 Annual Meeting (May Session)
Jennifer MorinigoThe first segment of this year’s virtual Annual Meeting adjourned last week. Below is a summary of the actions taken on May 17 and 18. All approvals by the membership at the Annual Meeting are subject to the discussion at the Meeting and the usual editorial prerogative.
Supreme Court of New Mexico Cites Principles of the Law, Policing
Megan DingleyIn State v. Martinez, 478 P.3d 880 (N.M. 2020), the Supreme Court of New Mexico cited the Principles of the Law, Policing (T.D. No. 2, 2019), in abandoning the prevailing federal rule governing the admission of eyewitness-identification evidence, as articulated in Manson v. Brathwaite, 432 U.S. 98 (1977), in favor of adopting a new per se exclusionary rule for unnecessarily suggestive pretrial identification procedures, based on its determination that the New Mexico Constitution provided broader due-process protection in the context of eyewitness-identification evidence than the U.S. Constitution.
Law360 Article on How COVID Has Affected Policing And Incarceration
Pauline ToboulidisThis article addresses how the pandemic has affected law enforcement and incarceration.
Assessing the Impact of Police Body Camera Evidence on the Litigation of Excessive Force Cases
Mitchell ZamoffThis article tests the hypotheses that bodycam evidence will be dispositive in most excessive force cases and that such evidence will positively impact the way those cases are litigated and decided.
Policing as a Public Good: Reflecting on the Term ‘To Protect and Serve’ As Dialogues of Abolition
Tracey L. Meares and Gwen ProwseThe goal of research described in this article is to investigate how ordinary people discuss a reconceptualization of policing in ways that respond to the current moment.
January 2021 Council Meeting Updates
Pauline ToboulidisAt its meeting on January 21 and 22, 2021, the ALI Council reviewed and discussed Council Drafts and approved drafts and portions of drafts as listed below.
Using Risk Assessment Instruments to Reduce Incarceration
Donald Kochan and Christopher SloboginOn this episode of The Marketplace of Ideas, Donald Kochan sits down with Chris Slobogin of Vanderbilt Law School, to discuss Professor Slobogin’s recent monograph titled “A Primer on Risk Assessment: Instruments for Legal Decision-Makers.”
1st Cir. Adopts ‘Created Danger’ Limit to Qualified Immunity
Lauren KlosinskiA recent article from Law360 Access to Justice explores the First Circuit decision to recognize a carve-out exception to qualified immunity protections for government officials.
The Troubling Alliance Between Feminism and Policing
Aya GruberMy intent is not to cast aspersions on feminism or even “White feminism” but, in the vein of James Forman Jr.’s Locking Up Our Own and Naomi Murakawa’s, The First Civil Right, to tell a complex story of feminism’s relationship to the American penal state so that we feminists can, in Murakawa’s words, “reexamine the scaffolding beneath our explanations for mass incarceration” in order to better fight it.
Berkeley To Become the First US City To De-Cop Traffic Enforcement
Kea WilsonThe California city of Berkeley will become the first in the United States to take police officers out of traffic enforcement and replace them with unarmed employees of a newly formed Department of Transportation.