Police Officers’ Qualified Immunity in Excessive Force Claims, Warrant Execution, and Warrantless Searches and Arrests: Tracing the Evolution of, and Stagnation in, U.S. Supreme Court Precedents

2021 ◽  
Author(s):  
Claire Nolasco Braaten ◽  
Michael S. Vaughn
Keyword(s):  
Supreme Court ◽  
Police Officers ◽  
Excessive Force

Police integrity in China

2018 ◽  
Vol 41 (5) ◽  
pp. 563-577 ◽  
Author(s):  
Guangzhen Wu ◽  
David A. Makin ◽  
Yongtao Li ◽  
Francis D. Boateng ◽  
Gassan Abess
Keyword(s):  
Police Officers ◽  
Excessive Force ◽  
Content Type ◽  
Code Of Silence ◽  
Official Policy ◽  
Service Training ◽  
Police System ◽  
Willingness To Report ◽  
Police Integrity ◽  
Chinese Police

Purpose The purpose of this paper is to examine the contours of police integrity among Chinese police officers. Specifically, this study explores how Chinese police evaluate integrity based on official policy governing interactions, discipline governing infractions, views of seriousness, and willingness to inform when others engage in misconduct. Design/methodology/approach In total, 353 police officers were surveyed representing those attending in-service training program at a Chinese police university in May 2015. Questionnaires containing 11 scenarios describing police misbehaviors were distributed to officers during classes. Findings There was a strong correlation between officers’ perceptions of rule-violation, misconduct seriousness, discipline, and willingness to report. Additionally, preliminary results suggest there exists a code of silence among Chinese officers, and that Chinese officers hold a lenient attitude toward the use of excessive force. Research limitations/implications This study utilizes a convenient sample, which restricts the generalizability of the results. Practical implications The results indicate the existence of code of silence among Chinese officers and their lenient attitude toward the use of excessive force. Originality/value Although there has been a growing body of research examining police integrity in both western democracies and transitional societies, China as the largest developing nation in the world and with a unique police system (falls somewhere between the centralized model and the integrated model) is understudied. This study addresses this gap in previous literature by exploring the contours of police integrity among Chinese police officers.

Caloc v. France

2000 ◽  
Vol 11 (7-8) ◽  
pp. 409-412
Keyword(s):  
Police Officers ◽  
Excessive Force ◽  
Show Evidence

Applicant failed to show evidence of excessive force had been used against him by police, and there had been an investigation into the allegations. Judicial authorities were under a duty to show special diligence in investigating a complaint lodged by an individual alleging that he had been subjected to violence by police officers, which was not shown here.

Police integrity in South Korea

2012 ◽  
Vol 35 (1) ◽  
pp. 76-103 ◽  
Author(s):  
Sanja Kutnjak Ivković ◽  
Wook Kang
Keyword(s):  
South Korea ◽  
Police Officers ◽  
Police Misconduct ◽  
Excessive Force ◽  
Convenience Sample ◽  
Content Type ◽  
South Korean ◽  
Code Of Silence ◽  
Korean Police Officers ◽  
Police Integrity

PurposeThe purpose of this study is to examine the contours of police integrity among Korean police officers a decade after police reform was started.Design/methodology/approachThe data were collected in 2009 at the Korean National Police University (KNPU) and the Police Comprehensive Academy (PCA). The questionnaires distributed to police officers contained 14 vignettes describing various forms of police misconduct. The sample consists of 329 police officers, mostly non‐supervisors, attending courses at the KNPU and PCA.FindingsResults indicate that the contours of police integrity vary across different forms of misconduct. Regardless of whether the respondents' views were measured through questions about misconduct seriousness, appropriate discipline, willingness to report, or knowledge about official rules, the findings suggest that Korean police officers perceived corruption as a serious form of police misconduct, while they considered the use of excessive force to be substantially less serious. In addition, a strong code of silence among the police was detected.Research limitations/implicationsThe study examines the contours of police integrity among a convenience sample of police officers from South Korea.Practical implicationsThe Korean police administrators interested in controlling police misconduct could utilize this methodology to explore the contours of the code of silence among the Korean police. The results of the study indicate that substantial focus should be put on changing police officer views about the use of excessive force and narrowing the code of silence in general.Social implicationsThe results show that the contours of police integrity among South Korean police officers clearly reflect the attitudes and views of the society at large toward corruption and use of excessive force. The lenient attitudes that South Korean police officers have expressed regarding the use of excessive force reflect both the historical attitudes and the lack of clarity of official rules. The strong code of silence is related to the insufficient protection for whistleblowers and the adherence to Confucianism among Korean citizens.Originality/valuePrior research predominantly measured police integrity as the opposite of police corruption in Western democracies and East European countries in transition. This research expands this by focusing on different forms of police misconduct. In addition, it explores integrity in an Asian democracy with the police agency undergoing extensive reform.

Have Ferguson and Its Companions Contaminated Black Support for Legal Institutions?

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Police Officers ◽  
Representative Sample ◽  
Institutional Support ◽  
Legal Institutions ◽  
Nationally Representative ◽  
High Bench ◽  
The U.S

Given that African Americans have been victimized by the abuses of individual police officers as well as by discriminatory public policies such as “stop-and-frisk,” it is no surprise that considerable alienation seems to characterize the contemporary relationship between African Americans and the legal institutions that govern them. But have those attitudes poisoned more general views of legal institutions such as the U.S. Supreme Court? Using a nationally-representative sample of African Americans, we assess whether blacks generalize from their experiences with local authorities to perceptions of legal system fairness, and further to institutional support for the high bench. While we find that perceptions of legal system fairness have not undermined Supreme Court legitimacy, all of the relationships we consider are found to be conditional upon the nature of group attachments.

Unlawful Acts or Strategies of Resistance?

2020 ◽  
Vol 43 (1) ◽  
pp. 85-110
Author(s):  
Samuel Kalman
Keyword(s):  
Police Officers ◽  
Algerian War ◽  
Cultural Hegemony ◽  
Excessive Force ◽  
War Of Independence ◽  
Milieu Urbain ◽  
Politique Économique ◽  
Algerian War Of Independence ◽  
Political Economic

Abstract This article examines anticolonial crime in interwar French Algeria. Faced with European attempts at political, economic, and cultural hegemony, and battered by poverty, legal discrimination, and official/police intransigence, Algerians often used criminal acts in an effort to destabilize and undermine French authority. This article examines the case study of the Department of Constantine, where Arab/Kabyle inhabitants regularly engaged in anticolonial crime and violence, including the robbery of arms and explosives from government buildings and mines, train derailments, and football hooliganism. More seriously, certain “criminals” engaged in the murder of settlers and attacked or killed police officers and administrative officials. In both city and countryside the official response was brutal: the violation of suspects' rights, excessive force in lieu of arrests, vigilante killings of suspects, and the forced removal of the families of anyone deemed outside the law. In this way, administrators and law enforcement tried to restore European predominance, yet the increasing prevalence of anticolonial crime effectively helped pave the way for popular nationalist movements in the post-1945 era and the 1954–62 Algerian War of Independence. Cet article examine la criminalité anticoloniale dans l'Algérie de l'entre-deux-guerres. Face aux efforts européens pour construire l'hégémonie politique, économique et culturelle, et touchés grièvement par la misère, un code juridique discriminatoire et l'intransigeance des fonctionnaires et policiers, les Algériens ont exploité la criminalité violente pour déstabiliser et saper le pouvoir colonial. Plus précisément, cet article analyse l'exemple de Constantine, le département où les habitants arabes et kabyles s'impliquent régulièrement dans la criminalité anticoloniale, y compris le vol des armements et explosifs dans les immeubles gouvernementaux et les mines, le déraillement des trains et le hooliganisme. Plus grave, certains « criminels » se sont engagés dans l'homicide volontaire contre les colons, et dans des attentats contre les commissaires de police et les administrateurs. Que ce soit dans le milieu urbain ou à la campagne, les pouvoirs ont répondu brutalement, par la violation des droits des suspects, l'usage excessif de la force, l'assassinat des « coupables » et la relocalisation forcée des hors-la-loi et de leurs familles. De cette façon, les administrateurs et la police ont essayé de soutenir la domination européenne en Algérie. Néanmoins, la croissance de la criminalité anticoloniale a ouvert la voie aux mouvements nationalistes populaires après 1945 et pendant la guerre d'indépendance (1954–62).

scholarly journals Police Use Of Excessive Force: A Case Study Of Lethal (Deadly) Force

2016 ◽  
Vol 12 (1) ◽  
pp. 488
Author(s):  
Vedat Kargin
Keyword(s):  
New York ◽  
New York City ◽  
Police Officers ◽  
York City ◽  
Police Department ◽  
Excessive Force ◽  
Lethal Force ◽  
Depth Analysis ◽  
City Police

Two African-American civilians, Sean Bell and Amadou Bailo Diallo, suffered tragic deaths as a result of use of lethal force by the police. This case study presents an in-depth analysis of the determinants that affected the officers’ use of lethal force with regard to the above mentioned cases. In 1999, Amadou Bailo Diallo was killed in a 41-bullet police shooting in New York. Similarly in 2006, Sean Bell was shot to death in a 50-bullet fusillade that involved officers from The New York City Police Department. After the Bell shooting, officers of The New York City Police Department were under investigation. The case study focuses on and examines the similarities and differences of both cases, official and public reactions in the aftermath of the shootings, investigation processes, as well as the indictments of the police officers involved in both cases. Finally, this study proposes some suggestions on the use of excessive force based on the findings of the two specific cases.

scholarly journals Open secularism and the RCMP turban debate

2020 ◽  
Vol 67 (1) ◽  
pp. 18-28
Author(s):  
Richard Mann
Keyword(s):  
National Identity ◽  
Supreme Court ◽  
Federal Government ◽  
Policy Change ◽  
Police Officers ◽  
Supreme Court Of Canada ◽  
Royal Canadian Mounted Police ◽  
The Supreme Court ◽  
The Impact ◽  
Newspaper Articles

This article examines newspaper articles and opinion pieces related to the 1989 and 1990 case of allowing RCMP (Royal Canadian Mounted Police) officers to wear turbans as part of their formal uniform. Many of those opposed to allowing for this change in RCMP policy demonstrate a sense of an assumed national identity that tends to label immigrants and people from non-European backgrounds as un-Canadian. Once the federal government approved this change in RCMP policy, some of the groups that opposed it attempted to bring it to the Supreme Court of Canada. The argument they made was one for closed secularism. The policy change, however, and the impact it had on Baltej Singh Dhillon, the first Sikh RCMP officer who became an officer and was allowed to wear his turban the results of which present a case for open secularism.

scholarly journals Discarding Reasonable Expectations of Privacy: A Critique of R. v. Patrick

2010 ◽  
pp. 1037
Author(s):  
William MacKinnon
Keyword(s):  
Supreme Court ◽  
Police Officers ◽  
Compelling Evidence ◽  
Reasonable Expectation ◽  
Drug Production ◽  
The Supreme Court ◽  
To Come ◽  
Court Of Appeal ◽  
Tremendous Impact ◽  
Reasonable Expectation Of Privacy

Patrick, the Supreme Court of Canada’s latest landmark privacy decision, will have a tremendous impact on policing in years to come. In Patrick, police officers sifted through the curbside garbage of Mr. Patrick, discovered compelling evidence of drug production in its contents, used the information to secure a warrant to enter his residence, and found an ecstasy lab once inside. The Supreme Court, in upholding the decision of the Alberta Court of Appeal, denied Patrick’s claim to a reasonable expectation of privacy in his garbage.

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