Posts Tagged ‘police’

Sentencing to serve symbolism: the Protect and Serve Act

Moving rapidly through Congress with bipartisan backing: “a new bill modeled after a federal hate crime statute would make it a crime to intentionally target a law enforcement officer based on his ‘actual or perceived status’ as one.” [Emanuella Grinberg, CNN]

I argued in 2015 that this idea is a very bad one, as well as unneeded, even at the state and local level. Beyond that, doing it as a federal enactment is of dubious constitutionality [Ilya Somin] More: office of Sen. Orrin Hatch (quoting Fraternal Order of Police chief Chuck Canterbury on bill’s being “modeled after the federal hate crime statute”). Killings of police in the line of duty declined last year and are at far lower levels than in the 1970s and 1980s, setting 50-year lows by some standards.

Police roundup

  • BBC on Baltimore police gun trace task force scandal [Jessica Lussenhop] Didn’t even bother using the real kind: “Baltimore Cops Carried Toy Guns to Plant on People They Shot, Trial Reveals” [Drew Schwartz, Vice]
  • Kentucky state police to media: do not put anything out about our investigations on social media “until OUR (KSP) press release is sent out.” Really? [Scott Greenfield]
  • “In unmarked cars, Orlando, Fla. officers box in car whose occupants are suspected of not wearing seatbelts; the driver drives off; the police catch up, ram the car, and shoot the driver dead. Allegation: Contrary to the officers’ testimony, the driver wasn’t about to run over an officer when he was killed; he couldn’t have, as the car’s engine had died after police rammed the vehicle. Eleventh Circuit: Qualified immunity. (H/t: Police4aqi.)” [John K. Ross, “Short Circuit”]
  • Police unionization may increase misconduct: “Our primary result is that collective bargaining rights lead to about a 27% increase in complaints of officer misconduct for the typical sheriff’s office.” [Dhammika Dharmapala, Richard H. McAdams, and John Rappaport via Jonathan Adler]
  • Dept. will publish accounts of misconduct investigations, but with names of officers omitted: “NYPD Argues They Simply Can’t Be More Transparent About Its Violent Cops” [Molly Osberg, Splinter News]
  • Michigan: “Seven Current and Former Police Officers Charged with 101 Felony Counts related to Fraudulent Auto Inspections”
    [Attorney General Bill Schuette]

Police misconduct roundup

  • “Law Enforcement Officer Bill of Rights” laws give police officers interrrogated over suspected misconduct a wide range of rights not enjoyed by general citizenry under like circumstances [Alex Tabarrok, earlier] Followup: “A new paper, The Effect of Collective Bargaining Rights on Law Enforcement: Evidence from Florida, suggests that police union privileges significantly increase the rate of officer misconduct” [same]
  • Courts should retain power to scrutinize arrests motivated by First Amendment retaliation even when probable cause is also present [Ilya Shapiro and Matthew Larosiere on SCOTUS case of Lozman v. Riviera Beach, Florida]
  • “Aurora police union: City should let cop fired over hidden cameras used to spy on ex-wife go back to work” [Hannah Leone, Aurora, Ill., Beacon-News]
  • “Even if consent decrees don’t do squat to fix police impropriety,” the appointed monitors make out well [Scott Greenfield]
  • “Hancock County, W.V. officer is convicted, sentenced to 18 months in prison for beating up drunk motorist who displayed insufficient respect. Officer: The trial court erred by letting the jury know about those other times I beat up people who failed to respect my authority. Fourth Circuit: We’re OK with it.” [John K. Ross, Short Circuit, on U.S. v. Cowden]
  • “Internal NYPD files show that hundreds of officers who committed the most serious offenses — from lying to grand juries to physically attacking innocent people — got to keep their jobs, their pensions, and their tremendous power over New Yorkers’ lives” [Kendall Taggart and Mike Hayes, BuzzFeed]

Crime and punishment roundup

  • Why Baltimore’s Civilian Review Board hasn’t done much to fix its police crisis [J.F. Meils, Capitol News Service/Maryland Reporter]
  • Three prosecutors with high national profiles who’ve put up dogged, maybe too dogged, resistance to actual-innocence claims [Lara Bazelon, Slate]
  • Carceral liberalism: Advocates press to do away with statute of limitations for sex assault prosecutions [Scott Greenfield]
  • “No charges have been filed against the cops. All of the officers involved are still employed by the department.” [Christina Carrega, New York Daily News on nearly $1 million award to Oliver Wiggins, unsuccessfully framed for DWI after police car ran stop sign and crashed into his vehicle]
  • Founding-era views of duty-to-retreat vs. stand-your-ground might be more complicated than you think [Eugene Volokh]
  • The trial penalty “is among the most important features of America’s criminal justice system, and yet there is no reference to it in the Constitution” [Clark Neily, Cato]

“State police must rehire trooper who isn’t allowed to carry a gun”

“The Pennsylvania State Police must reinstate a trooper who is barred from having a gun because a female officer secured a protection from abuse order against him, a state appeals court has ruled.” One judge dissented, “arguing that Acord’s firing was justified since, without a gun, ‘he cannot perform the basic and essential duties for which he was hired as a trooper.'” [Matt Miller, PennLive]

Police roundup

  • Attitudes on law enforcement now function as culture war rallying point and vehicle of identity politics on both sides [Dara Lind] Good news on officer safety: “Line of duty deaths this year approached a 50-year low” [Ed Krayewski]
  • SWAT deployment and police militarization — in rural Western Massachusetts [Seth Kershner, Valley Advocate] Trump still wrong on this issue [Eric Boehm]
  • Would it be easier to address America’s high rate of fatal shootings by police if the focus were allowed to slip off race for a moment? [Conor Friedersdorf]
  • Neighborhood police checkpoints employed in West Baltimore for several days in November, yet in 2009 DC Circuit, via conservative Judge Sentelle, found them unconstitutional [Colin Campbell and Talia Richman, Baltimore Sun; Elizabeth Janney, Patch]
  • What should be done to address rising crime rates? Federalist Society convention panel video with Dr. John S. Baker, Jr., Heather Childs, Adam Gelb, Hon. Michael Mukasey, George J. Terwilliger III, moderated by Hon. David Stras;
  • In Collins v. Virginia, Supreme Court has opportunity to reaffirm that home is truly castle against police search [Cato Daily Podcast with Jay Schweikert and Caleb Brown]

“We Were Wrong about Stop-and-Frisk”

“I and others argued that crime would rise [in NYC]. Instead, it fell. We were wrong.” [Kyle Smith, National Review]

Of course, to the extent that stop-and-frisk police practices violate the U.S. Constitution — as they often do — NR should have known better than to support them even if they showed some results. Aside from that, though, it’s good to be open to changing one’s mind based on evidence.

Police roundup

  • Police credibility under oath: “Judge Weinstein takes on testilying” [Scott Greenfield]
  • “To resolve lawsuit filed by the DOJ, Seattle police department adopts policy requiring officers to attempt de-escalation (when possible) and use reasonable force to resolve tense situations. (A federal compliance monitor reports that officers’ use of force has since declined significantly without increased crime or injuries to officers.) Police officers: The policy violates our Second Amendment right to self-defense. Ninth Circuit: Novel but no.” [John K. Ross, Short Circuit, summarizing Mahoney v. City of Seattle]
  • “The LAPD’s drone pilot threatens privacy despite policy assurances” [Matthew Feeney, Cato]
  • Not just Hollywood and high places: sexual assault is “among the most pernicious and likely under-reported varieties of on-duty police misconduct” [Jonathan Blanks]
  • “Hundreds Of Cases Dismissed Thanks To Baltimore PD Misconduct” [Tim Cushing]
  • Body cameras worth pursuing even though results from Washington, D.C. study don’t show big effect on shootings or complaints [Matthew Feeney, Scott Greenfield]