Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their framework to the realities of police work, identifying situations and assignments in which these factors are likely to influence officers’ behavior. These insights may identify opportunities for further empirical research into racial disparities in such contexts and may highlight institutional reforms and policy changes that could reduce officers’ vulnerability to risks that can result in racially unjust actions. Expected final online publication date for the Annual Review of Law and Social Science, Volume 16 is October 13, 2020. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
In Terry v. Ohio, the US Supreme Court relied on a balancing test to uphold the reasonableness of the practice known as “stop and frisk,” balancing the contribution of the practice to effective crime prevention and detection against the nature and quality of the intrusion to individual rights. In recent years, statistics have been powerfully deployed by legal scholars, jurists, and policymakers to challenge the assumption that stop and frisk leads to frequent discovery of contraband or other criminal behavior, and to address stark racial and ethnic disparities in the deployment of stop and frisk. However, the other side of the Terry equation—the nature and quality of the intrusion—has received far less attention from the legal community. With few exceptions, Terry jurisprudence portrays the Terry frisk simply as a brief pat‐down of the outer clothing and treats each Terry stop as an isolated encounter for purposes of measuring the harm involved. Yet there is a robust social science literature on the effects of stop and frisk on individuals, including data on its effects on individuals from marginalized or vulnerable groups, on individuals over time, and on communities as a whole. Moreover, stop and frisk in the current era has evolved from a tool in the arsenal of individual officers to a systematic, widely deployed strategy. This article argues that the failure to grapple with the application of modern knowledge to modern policing practices leads to a mismeasurement on both sides of the Terry equation. Not only does stop and frisk cause a wide range of emotional and psychological harms; these harms may also interfere with the ability of law enforcement to prevent and investigate crime. Even apart from any legal doctrinal implications for stop and frisk jurisprudence, recognizing the flawed assumptions described in this article should encourage all the relevant stakeholders to re‐evaluate the consequences of the Terry regime.
Despite the stated purpose of the Prisoner Reentry Industry, to effectively manage formerly incarcerated individuals' transition back into the community, there is evidence to suggest that its policies may be counterproductive to this process. Drawing on personal experiences as a mentor to a formerly incarcerated African-American woman, this essay seeks to provide examples of how policy gridlock can impede the transition of individuals from prison, into the community, and how this contributes to the economic and social affliction of urban communities.
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