Police-Generated Killings: The Gap between Ethics and Law

2021 ◽  
pp. 106591292110095
Author(s):  
Ben Jones
Keyword(s):  
United States ◽  
Local Governments ◽  
The United States ◽  
Deadly Force ◽  
Police Legitimacy ◽  
Democratic Institutions ◽  
Self Defense ◽  
Law And Policy ◽  
Legal Sanctions ◽  
Protection Of Life

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, police-generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge.

scholarly journals Effects of Laws Expanding Civilian Rights to Use Deadly Force in Self-Defense on Violence and Crime: A Systematic Review

2021 ◽  
pp. e1-e14
Author(s):  
Alexa R. Yakubovich ◽  
Michelle Degli Esposti ◽  
Brittany C. L. Lange ◽  
G. J. Melendez-Torres ◽  
Alpa Parmar ◽  
...  
Keyword(s):  
Public Health ◽  
United States ◽  
Health And Safety ◽  
The United States ◽  
Risk Of Bias ◽  
Deadly Force ◽  
Us States ◽  
Self Defense ◽  
Social Inequities ◽  
Public Health And Safety

Background. Since 2005, most US states have expanded civilian rights to use deadly force in self-defense outside the home. In most cases, legislation has included removing the duty to retreat anywhere one may legally be, commonly known as stand-your-ground laws. The extent to which these laws affect public health and safety is widely debated in public and policy discourse. Objectives. To synthesize the available evidence on the impacts and social inequities associated with changing civilian rights to use deadly force in self-defense on violence, injury, crime, and firearm-related outcomes. Search Methods. We searched MEDLINE, Embase, PsycINFO, Scopus, Web of Science, Sociological Abstracts, National Criminal Justice Reference Service Abstracts, Education Resources Information Center, International Bibliography of the Social Sciences, ProQuest Dissertations and Theses, Google Scholar, National Bureau of Economic Research working papers, and SocArXiv; harvested references of included studies; and consulted with experts to identify studies until April 2020. Selection Criteria. Eligible studies quantitatively estimated the association between laws that expanded or restricted the right to use deadly force in self-defense and population or subgroup outcomes among civilians with a comparator. Data Collection and Analysis. Two reviewers extracted study data using a common form. We assessed study quality using the Risk of Bias in Nonrandomized Studies of Interventions tools adapted for (controlled) before–after studies. To account for data dependencies, we conducted graphical syntheses (forest plots and harvest plots) to summarize the evidence on impacts and inequities associated with changing self-defense laws. Main Results. We identified 25 studies that estimated population-level impacts of laws expanding civilian rights to use deadly force in self-defense, all of which focused on stand-your-ground or other expansions to self-defense laws in the United States. Studies were scored as having serious or critical risk of bias attributable to confounding. Risk of bias was low across most other domains (i.e., selection, missing data, outcome, and reporting biases). Stand-your-ground laws were associated with no change to small increases in violent crime (total and firearm homicide, aggravated assault, robbery) on average across states. Florida-based studies showed robust increases (24% to 45%) in firearm and total homicide while self-defense claims under stand-your-ground law were more often denied when victims were White, especially when claimants were racial minorities. Author’s Conclusions. The existing evidence contradicts claims that expanding self-defense laws deters violent crime across the United States. In at least some contexts, including Florida, stand-your-ground laws are associated with increases in violence, and there are racial inequities in the application of these laws. Public Health Implications. In some US states, most notably Florida, stand-your-ground laws may have harmed public health and safety and exacerbated social inequities. Our findings highlight the need for scientific evidence on both population and equity impacts of self-defense laws to guide legislative action that promotes public health and safety for all. Trial Registration. Open Science Framework ( https://osf.io/uz68e ). (Am J Public Health. Published online ahead of print February 23, 2021: e1–e14. https://doi.org/10.2105/AJPH.2020.306101 )

Bringing the Real World of Science to Children: A Partnership of the American Museum of Natural History and the City University of New York

2008 ◽  
Vol 12 (1) ◽  
Author(s):  
Anthony G Picciano ◽  
Robert V. Steiner
Keyword(s):  
United States ◽  
New York ◽  
Natural History ◽  
Local Governments ◽  
Compulsory Education ◽  
Development Program ◽  
The United States ◽  
American Museum ◽  
The World ◽  
The City

Every child has a right to an education. In the United States, the issue is not necessarily about access to a school but access to a quality education. With strict compulsory education laws, more than 50 million students enrolled in primary and secondary schools, and billions of dollars spent annually on public and private education, American children surely have access to buildings and classrooms. However, because of a complex and competitive system of shared policymaking among national, state, and local governments, not all schools are created equal nor are equal education opportunities available for the poor, minorities, and underprivileged. One manifestation of this inequity is the lack of qualified teachers in many urban and rural schools to teach certain subjects such as science, mathematics, and technology. The purpose of this article is to describe a partnership model between two major institutions (The American Museum of Natural History and The City University of New York) and the program designed to improve the way teachers are trained and children are taught and introduced to the world of science. These two institutions have partnered on various projects over the years to expand educational opportunity especially in the teaching of science. One of the more successful projects is Seminars on Science (SoS), an online teacher education and professional development program, that connects teachers across the United States and around the world to cutting-edge research and provides them with powerful classroom resources. This article provides the institutional perspectives, the challenges and the strategies that fostered this partnership.

“La Idea Mueve” (The Idea Moves Us)

2018 ◽  
Author(s):  
Gabriela González
Keyword(s):  
United States ◽  
Mexican American ◽  
The United States ◽  
Mexican Immigrant ◽  
Democratic Institutions ◽  
Scientific Racism ◽  
Men And Women ◽  
Political Beliefs ◽  
Age Of Enlightenment

The concluding chapter explains how race had served defenders of slavery by providing them with an excuse to hold men and women in bondage. For their inhumane treatment of Africans during the Age of Enlightenment to be justified, their humanity needed to be ideologically stripped away—scientific racism served that purpose. Racist theories also kept other groups in subaltern positions. Mexicans with mestizo, mulatto, and Indian genealogies experienced racialization in the United States. Simply put, Americans, proud of their liberal political heritage and their democratic institutions, needed to see oppressed groups as somehow sub-human in order to reconcile their political beliefs with the nation’s less than egalitarian realities. It is for this reason that the politics of redemption practiced by Mexican immigrant and Mexican American activists merits attention.

scholarly journals Biden Administration Relies on Constitutional Authority and Unwilling or Unable Theory of Self-Defense for Airstrikes in Syria

2021 ◽  
Vol 115 (3) ◽  
pp. 567-572
Keyword(s):  
United States ◽  
The United States ◽  
Military Force ◽  
Legal Authority ◽  
Military Policy ◽  
Presidential Approval ◽  
War Powers ◽  
Self Defense ◽  
Drone Strikes ◽  
Individual Self

On February 25, 2021, the United States conducted a strike targeting Iranian-backed militia group facilities in Syria. The strike, which came in response to a February 15, 2021 attack on U.S. interests in Iraq, marked the Biden administration's first known exercise of executive war powers. As domestic authority for the strike, President Joseph Biden, Jr. cited his authority under Article II of the U.S. Constitution and did not rely on the 2001 or 2002 Authorizations for the Use of Military Force (AUMFs). For international legal authority, Biden relied on individual self-defense under Article 51 of the UN Charter, stating that Syria was “unwilling or unable” to prevent further attacks on the United States by these non-state actors within its territory. The strikes garnered mixed reactions from Congress, where efforts are underway to repeal or reform extant AUMFs as well as the War Powers Resolution (WPR). The Biden administration is also undertaking a review of current U.S. military policy on the use of force, and during this process, it has prohibited drone strikes outside of conventional battlefields, absent presidential approval.

scholarly journals Early Responses to Climate Change: An Analysis of Seven U.S. State and Local Climate Adaptation Planning Initiatives

2010 ◽  
Vol 2 (3) ◽  
pp. 237-248 ◽  
Author(s):  
Kyle Andrew Poyar ◽  
Nancy Beller-Simms
Keyword(s):  
United States ◽  
Local Governments ◽  
Planning Process ◽  
Climate Adaptation ◽  
The United States ◽  
Climate Impact ◽  
Climate Impacts ◽  
Adaptation Planning ◽  
State And Local ◽  
Climate Adaptation Planning

Abstract State and local governments in the United States manage a wide array of natural and human resources that are particularly sensitive to climate variability and change. Recent revelations of the extent of the current and potential climate impact in this realm such as with the quality of water, the structure of the coasts, and the potential and witnessed impact on the built infrastructure give these political authorities impetus to minimize their vulnerability and plan for the future. In fact, a growing number of subnational government bodies in the United States have initiated climate adaptation planning efforts; these initiatives emphasize an array of climate impacts, but at different scales, scopes, and levels of sophistication. Meanwhile, the current body of climate adaptation literature has not taken a comprehensive look at these plans nor have they questioned what prompts local adaptation planning, at what scope and scale action is being taken, or what prioritizes certain policy responses over others. This paper presents a case-based analysis of seven urban climate adaptation planning initiatives, drawing from a review of publicly available planning documents and interviews with stakeholders directly involved in the planning process to provide a preliminary understanding of these issues. The paper also offers insight into the state of implementation of adaptation strategies, highlighting the role of low upfront costs and cobenefits with issues already on the local agenda in prompting anticipatory adaptation.

Black Nationalism

2021 ◽  
Author(s):  
Mark Newman
Keyword(s):  
United States ◽  
Black Women ◽  
19Th Century ◽  
Black Power ◽  
The United States ◽  
Black Nationalism ◽  
Malcolm X ◽  
Independent State ◽  
Self Defense ◽  
Black Nationalist

The popular media often illustrate black nationalism with images of Malcolm X and black leather-jacketed, Afro-wearing, armed Black Panthers in the 1960s, and, in later decades, Louis Farrakhan and hip-hop artists such as Public Enemy. Although historians disagree about black nationalism’s composition and origins, they argue that it has a long pedigree in American history, traceable at least to the first half of the 19th century, if not earlier. While men were most often black nationalism’s public exponents, and some emphasized manhood and female subordination, black nationalism also appealed to many black women, some of whom also exercised leadership and organizational skills in its service. Marcus Garvey, a Jamaican, led the first mass black nationalist organization in the United States, the Universal Negro Improvement Association (UNIA), during the 1920s. Like 19th-century black nationalists, Garvey advocated an independent state for people of African descent, black uplift, and the “civilizing” of Africa. Although not original to him, his emphasis on the right to self-defense, independent black economic development, and pride in African history boosted the UNIA’s popularity. Garvey fell victim to state oppression in the United States, but some former Garveyites joined the Moorish Science Temple of America (MSTA) and probably also the Nation of Islam (NOI), both of which rejected Christianity, identified blacks as Asiatics, and adopted particularist interpretations of Islam. In the 1950s and 1960s, Malcolm X, the charismatic son of Garveyite parents, became the Nation’s chief recruiter. Personal differences with Elijah Muhammad, the Nation’s leader since the 1930s, eventually led to Malcolm X’s departure in 1964. Although he was assassinated in 1965, Malcolm X’s calls for armed self-defense, self-determination and black pride, and identification with anticolonial struggles heavily influenced Black Power advocates. Some civil rights organizations and workers, who were disillusioned by intransigent white racism and distrustful of white liberals, championed Black Power, which was multifaceted and sometimes more reformist than nationalist. In the early 1990s, polls suggested that black nationalist ideas were more popular than during their supposed heyday in the late 1960s, before internal dissension and state repression undermined many Black Power groups.

Collaborative capital budgeting in U.S. local government

2017 ◽  
Vol 29 (2) ◽  
pp. 230-262 ◽  
Author(s):  
Hina Khalid ◽  
David S.T. Matkin ◽  
Ricardo S. Morse
Keyword(s):  
United States ◽  
Local Governments ◽  
Public Management ◽  
Capital Budgeting ◽  
The United States ◽  
Institutional Arrangements ◽  
Significant Heterogeneity ◽  
Management Literature ◽  
Research Findings ◽  
Local Officials

This article explores collaborative capital budgeting in U.S. local governments. To date, the capital budgeting literature has focused on practices within individual governments. This leaves a gap in our understanding because a large portion of capital planning, acquisition, and maintenance occurs through collaboration between two or more local governments. Drawing on the capital budgeting and collaborative public management literature, and on illustrative cases of collaborative capital budgeting in the United States, an inductive approach is used to: (1) identify and categorize the different objectives that motivate local officials to pursue collaborative agreements, (2) examine common patterns in the types of assets involved in collaboration, and (3) discover common institutional arrangements in collaboration agreements. The research findings demonstrate significant heterogeneity in the objectives, patterns, and institutions of collaborative capital budgeting.

scholarly journals "Hurricane" Sandy

2018 ◽  
Vol 5 (2) ◽  
pp. 157-192
Author(s):  
Cheryl L. Pollak
Keyword(s):  
United States ◽  
New York ◽  
Local Governments ◽  
The United States ◽  
Hurricane Sandy ◽  
Small Business Administration ◽  
Mitigation Measures ◽  
District Court ◽  
Flood Insurance ◽  
Recent Experience

On the evening of October 29, 2012, “Hurricane” Sandy made land- fall on the New York coastline, battering the land with strong winds, torrential rain, and record-breaking storm surges. Homes and commercial structures were destroyed; roads and tunnels were flooded; and more than 23,000 people sought refuge in temporary shelters, with many others facing weeks without power and electricity. At the time, Sandy was heralded as one of the costliest hurricanes in the his- tory of the United States; the second costliest hurricane only to Katrina, which hit New Orleans in 2005. Unfortunately, recent experience with Hurricanes Florence, Maria, Harvey, and Irma suggest that this pattern of devastating superstorms may become the new norm as climate change produces more extreme and unpredictable weather events. In Sandy’s aftermath, as individuals returned to their homes, or what remained of them, and communities began to rebuild, the true cost of the storm became apparent. A year after the storm, the Federal Emergency Management Agency (“FEMA”) estimated that over $1.4 billion in assistance was provided to 182,000 survivors of the dis- aster; another $3.2 billion was provided to state and local governments for debris removal, infrastructure repair, and emergency protective measures. More than $2.4 billion was provided to individuals and businesses in the form of low-interest loans through the Small Business Administration (“SBA”), and millions more were spent on grants de- signed to implement mitigation measures in the future and to provide unemployment assistance to survivors. Before the storm, homeowners paid premiums for flood insurance provided through the National Flood Insurance Program (“NFIP”), and for homeowner’s insurance provided by dozens of private insurers. In the months following the storm, they began to file claims for assistance in rebuilding their homes. While many such claims were re- solved successfully, many homeowners were unhappy with the settlement amounts offered by their insurance carriers and felt compelled to file lawsuits in the surrounding state and federal courts. Many of those lawsuits were filed in the United States District Court for the Eastern District of New York (“EDNY”). This case study describes the EDNY’s specifically crafted, unique approach to handling the mass litigation that ensued from Sandy’s devastation, documents some of the problems that the Court faced during that mass litigation, and describes some of the lessons learned from the Court’s experience.

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