By Zoë Robinson and Stephen Rushin

The law enforcement lobby represents one of the most important and undertheorized barriers to criminal justice reform. We define the law enforcement lobby as the constellation of entrenched actors within the justice system—particularly police unions, correctional officer unions, and prosecutor associations—that exert an outsized role in policy development. The law enforcement lobby operates largely without coordinated opposition, resulting in capture of criminal justice policymaking and skewed policy outcomes that often institutionalize injustice and subordination. The strength of the law enforcement lobby also presents a challenge to the growing defunding and abolition movements. Nevertheless, the law enforcement lobby remains at the periphery of contemporary scholarly conversations about the democratization and design of criminal justice institutions.

This Article describes and evaluates the influence of the law enforcement lobby on criminal justice policy. It argues that the law enforcement lobby raises unique problems that extend beyond traditional lobbying concerns, including the ability to influence life and liberty, the power to perpetuate racial subordination, and a pervasive power over the operation of democratic institutions.

Drawing on the growing calls for democratization and power-shifting in the criminal justice system, this Article offers a range of recommendations to curtail the strength of the law enforcement lobby. First, the Article argues for reforms that “level up” of the power of competing interests that can counter the power of the law enforcement lobby in criminal justice policymaking. In doing so, the Article focuses specifically on reforms that imbed contestation in policymaking by communities most impacted by the criminal justice system. Second, the Article concurrently proposes mechanisms to “level down” the power of the law enforcement lobby, including realistic restrictions on the lobbying capacity of law enforcement interest groups that draws on First Amendment Speech Clause doctrine that permits restriction of public employee speech. Taken together, these reforms could facilitate broader transformation of the American criminal justice system.

107 Minnesota Law Review 1965 (2023), 73p.

By Jessica M. Eaglin

Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of “defund” to clarify and distinguish four alternative, substantive policy positions that legal reforms related to police funding can validate. It argues that the policy debates between these positions exist on top of the ideological critique launched by grassroots activists, who use the term “defund the police” as a discursive tactic to make visible deeper transformations in government practices that normalize the structural marginalization of black people enforced through criminal law. w. By recognizing this socially contextualized meaning to the call to defund the police, this Essay offers two important insights for the public in this current moment. First, it urges the public to confront the structural marginalization of black people when evaluating legal reforms that may impact police budgets. Second, the Essay encourages the public to embrace the state of confusion produced by the demand to “defund the police” when considering social reforms going forward.

Stanford Law Review Online Volume 73 (2020-2021), 21p.

By Jeannine Bell and Stephen Rushin

This Article considers how policymakers can more effectively constrain police authority during traffic stops to reduce racial disparities and prevent unnecessary violence.

We begin by chronicling the power granted to police officers during traffic enforcement and the harms generated by this discretionary power. Under existing criminal procedure, police officers have considerable authority to stop motorists for any technical violation of the traffic code, even if the stated justification is a pretext for investigating an unrelated hunch or suspicion. After stopping a motorist, existing doctrine gives police the ability to question motorists, search vehicles under numerous circumstances, arrest drivers for minor violations of the law, and otherwise use traffic stops as a justification for criminal fishing expeditions. This makes police traffic stops an entryway into officer misconduct and violence.

Moreover, the harms of police traffic enforcement are felt disproportionately by communities of color. Empirical evidence generally suggests that Black and Hispanic drivers are more likely than their white counterparts to experience traffic stops. Black and Hispanic drivers are more likely to be stopped during daylight hours relative to nighttime hours when their race is apparent to police through visual observation. And searches of Black and Hispanic motorists are less likely to produce contraband than searches of white drivers, suggesting that police may employ a less rigorous standard of probable cause when justifying vehicle searches of drivers of color.

Given the growing body of literature on the harms caused by police traffic enforcement, some have called for the abolition of police traffic enforcement. Short of abolition, though, this Article shows how jurisdictions across the country have already moved to limit the authority of police during traffic encounters. This approach does not seek to eliminate entirely the police from the enforcement of traffic laws. Rather, it involves state and local policymakers enacting restrictions on police power during traffic enforcement that go beyond those mandated by the U.S. Supreme Court under existing doctrine. Indeed, in recent years, states and municipalities have enacted limitations on the use of pretextual traffic stops, consent searches, and unrelated questioning of motorists after stops. Others have restricted or banned the use of quotas as a police management tool. Some prosecutors’ offices have announced declination policies designed to disincentivize police from using traffic stops as a tool for the investigation of other unrelated crimes. Still other jurisdictions have explored additional reporting requirements and even technological replacements for the use of police officers in the enforcement of the traffic code.

Combined, we argue that this sort of criminal justice minimalism can reduce the harmful and racially disparate effects of police traffic enforcement without compromising public safety

57 Arizona State Law Journal, 2025, 52p.

By Stijn Aerts

Key takeaways » Understanding Recidivism Recidivism refers to re-offending after release from imprisonment, probation, or parole, measured by rates of re-arrest, reconviction, or re-imprisonment. In the EU, recidivism rates typically range from 30% to 50% within two years, with repeat offenders responsible for a significant portion of crime. » Causes of Recidivism Risk factors for recidivism include substance abuse, lack of education, mental health issues, limited employment opportunities, stigmatisation, weak reintegration support, and structural issues in the justice system. “Prisonisation,” or the negative social and psychological effects of imprisonment, exacerbates these challenges. » Age and Crime Patterns The age-crime curve shows criminal behaviour peaks in late adolescence and early adulthood, declining sharply thereafter. Offenders who engage in criminal activity at a younger age are more likely to re-offend. Rehabilitation should focus on young offenders to address impulsivity and decision making, and on older offenders to facilitate life-course transitions like stable employment or family formation. » Effective Interventions Education and vocational training equip offenders with employability skills and foster self-esteem. Substance abuse treatment targets addiction, a major driver of criminal behaviour. Cognitive-behavioural therapy addresses distorted thought patterns and promotes pro-social behaviour. Community support services provide resources like job placement, housing, and peer support to ease reintegration, supplementing in-prison rehabilitation programmes. Mental health treatment treats disorders linked to criminal behavior, reducing risks of re-offending. EUCPN I Toolbox Red Restorative justice focuses on repairing harm through inclusive processes involving victims, offenders, and communities. It can have preventive effects by addressing offenders’ accountability and reducing victim harm. Overall, tailored initiatives for specific offender groups, such as neurodivergent individuals or members of organised crime, demonstrate significant potential in addressing unique challenges. One example is the Risk-NeedsResponsivity (RNR) model, which aligns rehabilitation efforts with offenders’ risk levels, criminogenic needs, and learning styles.Evidence suggests RNR-aligned interventions are more effective than any other, with reductions in recidivism up to 60%. Residential programmes offer intensive, structured environments, ideal for serious offenders. Community-based approaches are cost-effective, maintain community ties, and serve lower-risk individuals » EU Good Practices Examples like the RUBIKON Centre in the Czech Republic, the Revion programme in Finland and Primus Motor in Denmark highlight innovative, evidence-based approaches to reducing recidivism, emphasising holistic and community-oriented strategies. » Challenges Effective implementation faces hurdles like resource limitations, inconsistent application of models, and stigma. Tailored and integrated efforts are critical for long-term success. A holistic, evidence-based approach to reducing recidivism, combining individual rehabilitation, systemic reforms, and community engagement should be adopted.

Brussels: EUCPN, 2025. 44p.

By Susan Olzak

An underlying premise of democratic politics is that protest can be an effective form of civic engagement that shapes policy changes desired by marginalized groups. But it is not certain that this premise holds up under scrutiny. This paper presents a three-part argument that protest (a) signals the salience of a movements’ focal issue and expands awareness that an issue is a social problem requiring a solution, (b) empowers residents in disadvantaged communities and raises a sense of community cohesion, which together (c) raise costs and exert pressure on elites to make concessions. The empirical analysis examines the likelihood that a city will establish a Civilian Review Board (CRB). It then compares the effects of protest and CRB presence on counts of officer-involved fatalities by race and ethnicity. Two main conjectures about the effect of protest are supported: Cities with more protest against police brutality are significantly more likely to establish a CRB, and protest against police brutality reduces officer-involved fatalities for African Americans and Latinos (but not for Whites). But the establishment of CRBs does not reduce fatalities, as some have hoped. Nonetheless, mobilizing against police brutality matters, even in the absence of civilian review boards.

Forthcoming. “Does Protest Against Police Violence Matter? Evidence from U.S. Cities, 1980-2019.” American Sociological Review., 83 p.

By Mapping Police Violence

Every year Campaign Zero works to make this data accessible and understandable to the public via Mapping Police Violence, a platform tracking civilians killed by U.S. law enforcement. This report aims to provide key takeaways concerning incidents of police violence that resulted in a civilian being killed in 2024. Mapping Police Violence relies on local journalism, and sources news through our system which collects, filters, and processes the data. While we strive to employ official data sources from local and state government agencies, we believe it is important to continue collecting data from publicly accessible media sources. This allows us to identify gaps in government data, and further triangulate and validate the data. As per our methodology, all incidents go through a multi-layered review process. It is likely that the number of incidents may increase in the coming months because some police killings and their circumstances are not reported until weeks or months later.

Campaign Zero, 2025. 4p

By Brenden Beck

Did governments shift funding from their social welfare functions to their criminal justice functions after the 1980s? Studies investigating this possible “punitive turn” have been inconclusive and have been conducted at the state or national scale. Cities, however, are increasingly important as government responsibility devolves downward and social movements target municipal police budgets. This study contributes to ongoing academic and political debates about welfare-state retrenchment and police department funding using data on 390 U.S. cities between 1990 and 2019. In contrast to conventional explanations for budgetary restructuring that foreground across-the-board cuts or macroeconomic causes, this study proposes a fiscal crisis model that emphasizes localized budget deficits, beliefs about policing's primacy, and police agencies’ political power. Data reveal gradual and considerable municipal budgetary restructuring toward law enforcement between 1990 and 2019, with police funding growing 32% relative to social spending. Fixed-effects regression models with asymmetric predictors find that when municipal revenues fell by 10%, cities reduced police expenditures by an associated 1% and social service expenditures by 4%, with parks and housing seeing the biggest cuts. During austerity, municipalities cut police shallowly and temporarily while cutting social services deeply and enduringly, accelerating welfare-to-carceral realignment.

Criminology, Volume 62, Issue 4, 2024, pages ,623-654

By Madison, Wisconsin Police Department

  In August 2023, Madison City Council passed a resolution authorizing the Implementation of the Body-Worn Camera Experiment Program. The resolution included multiple attachments that provide a history of the body worn cameras (BWC), feasibility reports, example policy, public comments, Alder amendments, legal review, and Chief Barnes’ memo requesting approval to conduct the experiment. The resolution represents a culmination of several years of effort by city residents, staff and alders. The experiment program consisted of technology, research and cost estimates. The technology portion began April 1, 2024, and was completed July 14. The BWC units were worn by officers in the North District. The first two weeks consisted of setting up and assigning units to officers, testing, and training. The use of body worn cameras began in the field on April 15. The BWC units were loaned by MPD’s existing dash camera vendor for the duration of experiment. The research was conducted by an outside researcher; Dr. Broderick Turner at Virginia Tech. Police Director Eleazer Hunt and members of the BWC Committee met with Dr. Turner multiple times to identify needed data and survey questions. This report includes Dr. Turner’s findings (Appendix A) and a budget estimate for implementation (Appendix B). Estimates are based on full deployment of BWC across MPD, the acquisition of hardware, operations/storage needs, peripherals, personnel, and support several years of operation. During the experiment, an interim Standard Operating Procedure (SOP) guided the use of BWC (Appendix C). This SOP is informed by the Police Body-Worn Camera Feasibility Review Committee, MPD’s current SOP for dash cameras and audio microphones , and a review of model policies developed by the International Association of Chiefs of Police and the U.S. Department of Justice. Findings from the experiment: 1- Officers did not change behavior while wearing a BWC 2- Charges were not added when officers reviewed video 3- Technical issues related to battery life and uploading video were evident in the first half of the experiment and resolved 4- Specific situational use of BWC required clarification of the SOP 5- The limitations of the experiment included a short duration, a small number of officers participated, there was limited time for analysis (interviews), and no post-experiment analysis 6- BWC may help with trust building, legitimacy, and transparency  7- Public Records requests impacted staff time to research, redact, and provide videos to requestors  

Madison, WI: City Police Department, 2024. 47p.

By Erin Hammers Forstag, Rapporteur; Division of Behavioral and Social Sciences and Education; National Academies of Sciences, Engineering, and Medicine

Predictive policing strategies are approaches that use data to attempt to predict either individuals who are likely to commit crime or places where crime is likely to be committed, to enable crime prevention. To explore law enforcement's use of person-based and place-based predictive policing strategies, the National Academies of Sciences, Engineering, and Medicine held a two-day public workshop on June 24 and 25, 2024.

National Academies of Sciences, Engineering, and Medicine, 2024. 14 pages