Policing in America: How did we get here and where do we go?
On July 9, Dean Kerry Abrams hosted a a conversation with Duke Law faculty members on the current state of policing throughout the United States, with an emphasis on how policies and biases impact communities of color.
Panelists discussed the history of policing in the United States; how political movements have been used to demand reform and how the current moment compares to earlier protests; the role of the law and the legal profession in maintaining the status quo; and how the law can be used to enact reforms. Speakers were Brandon L. Garrett, the L. Neil Williams, Jr. Professor of Law and the Director of the Duke Center for Science and Justice; Lisa Kern Griffin, the Candace M. Carroll and Leonard B. Simon Professor of Law; H. Timothy Lovelace, Jr., Professor and John Hope Franklin Research Scholar; and Darrell A. H. Miller, Melvin G. Shimm Professor of Law and the Co-Director of the Duke Center for Firearms Law. The conversation was moderated by Jesse McCoy, the James Scott Farrin Senior Lecturing Fellow and Supervising Attorney for the Duke Civil Justice Clinic.
- Stanford Open Policing Project (analyzes 100 million traffic stops across the country and establishes that Black drivers are more likely to be stopped)
- Changing the Law to Change Policing: First Steps
- The American Law Institute’s Use of Force Principles
- Bolch Judicial Institute, Coping With COVID, Season 1, Episode 7 (July 2, 2020): “The Plague of Excessive Force: Working Together to Find A Cure”
Journal Articles
- Bandes, Susan A. and Pryor, Marie and Kerrison, Erin and Goff, Phillip, The Mismeasure of Terry Stops: Assessing the Psychological and Emotional Harms of Stop and Frisk to Individuals and Communities (February 6, 2019). 37 Behavioral Sciences & the Law Issue 2 (2019)
- Carbado, Devon W., From Stopping Black People to Killing Black People: The Fourth Amendment Pathways to Police Violence, 151 Cal. L. Rev. 125 (2017).
- Garrett, Brandon L. & Stoughton, Seth, A Tactical Fourth Amendment, 103 Va. L. Rev. 211-307 (2017).
- Natapoff, Alexandra, A Stop is Just a Stop: Terry's Formalism (October 25, 2017). Ohio State Journal of Criminal Law, Vol. 15, 2017.
- Richardson, L. Song and Goff, Phillip, Interrogating Racial Violence (January 22, 2015). Ohio State Journal of Criminal Law, Vol. 12, No. Fall, 2014.
- Schwartz, Joanna C., After Qualified Immunity, 120 Columbia L. Rev. 309 (2020).
Cases
- Atwater v. Lago Vista, 532 U.S. 318 (2001).
- Kansas v. Glover, 589 US ___ (2020).
- Utah v. Strieff, 136 S. Ct. 2056 (2016).
- Whren et al. v. United States, 517 U.S. 80g (1996).
Selected Ferguson Materials
- U.S. Department of Justice Investigation of the Ferguson Police Department
- Consent Decree, U.S. Dept. of Justice v. City of Ferguson. United States District Court for the Eastern District of Missouri, Eastern Division, NO. 4:16-cv-000180-CDP