Policing – Columbia Journal of Law & Social Problems

Searching for Judges Who Hear: Analyzing the Effects of Colorado’s Abolition of Qualified Immunity on Civil Rights Litigation

By Colin Cowperthwaite

“Section 1983 was born out of the failures of state courts. Over a hundred years later, [Colorado’s Enhance Law Enforcement Integrity Act (ELEIA)] was born out of the failures of federal courts to protect individuals from civil rights violations committed by local law enforcement. By removing qualified immunity as a defense, ELEIA challenged federal courts’ continued relevance in addressing police violence in Colorado. But as this Comment shows, Colorado’s federal district court remains an active scene for litigating against officers who violate constitutional rights. While there are many possible explanations for this result, ELEIA should not be taken as a failure. On the contrary, eighty-two claims that might otherwise have gone unheard in federal courts now can be heard in state courts. For victims of police violence, ELEIA provides a meaningful source of “ears to hear” their appeals for accountability, remedy, and justice.”

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Shielded from Justice: How State Attorneys General Can Provide Structural Remedies to the Criminal Prosecutions of Police Officers

Issues Volume 50, Issue 4

By Isaac G. Lara

The recent string of police shootings involving unarmed civilians has prompted national outcry over the actions of law enforcement officials. Many state and local law enforcement agencies today are reexamining the way prosecutors handle these incidents. In most jurisdictions today, District Attorneys are responsible for investigating such cases, which is problematic given the reciprocal relationship that exists between District Attorneys and law enforcement agencies. Specifically, District Attorneys rely on police officers to make arrests, interrogate suspects and testify at trial. In turn, police officers rely on District Attorneys to translate their arrests into convictions. This relationship creates a real or perceived conflict-of-interest, which can severely undermine public confidence in the criminal justice system.

State Attorneys General, however, may provide structural solutions to this problem. To illustrate this, this Note conducts a broad survey of the five major categories of actions that State Attorneys General can use during investigations into police shootings. This Note also offers recommendations as to how State Attorneys General can improve on current practices to ensure fair investigations and outcomes. Recommendations include appointing a special prosecutor from a different district; launching a conflict-of-interest inquiry; cooperating with the federal government in devising a national database of police shootings; and reexamining the legal parameters of the use of force.

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The Privacy Case for Body Cameras: The Need for a Privacy-Centric Approach to Body Camera Policymaking

Issues Volume 50, Issue 2

By Ethan Thomas

Body-mounted cameras are being used by law enforcement with increasing frequency throughout the United States, with calls from government leaders and advocacy groups to further increase their integration with routine police practices. As the technology becomes more common in availability and use, however, concerns grow as to how more-frequent and more-personal video recording affects privacy interests, as well as how policies can both protect privacy and fulfill the promise of increased official oversight.

This Note advocates for a privacy-centric approach to body camera policymaking, positing that such a framework will best serve the public’s multifaceted privacy interests without compromising the ability of body cameras to monitor law-enforcement misconduct. Part I surveys the existing technology and commonplace views of privacy and accountability. Part II examines the unique privacy risks imposed by the technology as well as the countervailing potential for privacy enhancement, demonstrating the value of an approach oriented around privacy interests. Part III assesses how the failure to adopt this approach has resulted in storage policies for body camera footage that inhibit the technology’s ability to best serve the public and suggests that a privacy-centric perspective can lead to better policymaking. Finally, Part IV examines the flaws of prevailing views with respect to policies for accessing footage and discusses how a revised privacycentric perspective could lead to better policies.

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Embracing Federalism in Special Prosecution Models: An Analysis of Experimentation in the States

Issues Volume 52, Issue 3

By Sabrina Singer

The main project of this Note is to use the example of police officer-involved deaths of unarmed civilians to craft and apply different special prosecution models. In Part II, this Note starts from the proposition that a special prosecutor should supersede the local prosecutor to investigate and prosecute certain cases, such as the police-involved death of unarmed civilians. This Note then identifies and addresses the criticisms made by opponents of special prosecution models.

In Part III, this Note presents and analyzes the existing special prosecution models implemented in states to address cases of police officer-involved deaths of unarmed civilians. Part IV uses the example of New York as an in-depth case study. Then, Part V distills down these complete state models to “dimensions” – areas where the models differ – to provide an analytical structure for readers to use in their own evaluation and design of special prosecution models. The dimensions also provide a structure for Part VI, which proposes and evaluates special prosecution models that seek to address incidents of police officer involved deaths of unarmed civilians. The broader utility of the dimensions will be as a framework for any future special prosecution model that seeks to address any future latent law enforcement gaps.

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