By Meressa Kahsu Dessu, Dawit Yohannes and Charles T Hunt

Most contemporary multidimensional peace operations prioritise the protection of civilians (PoC) as one of their primary mandates. This is expected as current conflicts and crises are increasingly marked by high civilian casualties, emanating not least from the deliberate targeting of civilians and the blurred distinction between combatants and non-combatants. As a key element of multidimensional peace operations, the United Nations (UN) Police have assumed diverse roles in implementing the mandate of such missions. Key decision-making entities such as the UN Security Council (UNSC) have increasingly acknowledged such roles. This can be illustrated by the UNSC’s resolution that recognises the police’s ‘invaluable contribution to peacekeeping, post-conflict peacebuilding, security, the rule of law, and the creation of a basis for development.’1 However, the evolving roles of the police have not matched with studies on its effectiveness in mandate implementation, particularly in PoC. 

 This monograph contributes to debates around the role and effectiveness of policing in PoC based on the lessons from the UN Mission in South Sudan (UNMISS). The study combines two overarching debates: the effectiveness of peace operations and the role of policing in PoC. While the mission was established in 2011, this monograph pays particular attention since 2014, following the prioritisation of the PoC mandate. The analysis broadly focuses on the effectiveness of different structures of mission headquarters and Field Offices, with a special emphasis on policing at PoC Sites. As one of its key findings, the study recognises the mixed record of the UNMISS police in fulfilling the mission’s PoC mandate. The police component played key roles in supporting the mission to prevent protection challenges from worsening in the face of recurrent crime, violence and conflicts  

Monograph 211. Pretoria: Institute for Security Studies, 2023.   66p.

By United States Government Accountability Office;  Gretta L. Goodwin, et.

Law enforcement may use facial recognition services provided by commercial and nonprofit entities to help solve crimes. For example, these services allow users to quickly search through billions of photos to help identify an unknown suspect in a crime scene photo. GAO was asked to review federal law enforcement’s use of facial recognition technology. This report examines, among other issues, the extent to which selected DHS and DOJ law enforcement agencies used facial recognition services to support criminal investigations; required staff to take training on facial recognition technology to use such services; and developed policies and guidance specific to facial recognition technology to help protect civil rights and civil liberties. GAO selected seven law enforcement agencies within DHS and DOJ based on various factors, including the number of facial recognition technology systems used. GAO reviewed documents, such as training requirements and policies for using facial recognition services. GAO also analyzed training records and interviewed agency officials. What GAO Recommends GAO is making 10 recommendations, including that FBI implement a training requirement and clarify the status of its training requirement to stakeholders. GAO also recommends that DOJ develop a plan to issue a facial recognition technology policy addressing safeguards for civil rights and civil liberties. Agencies concurred with all 10 recommendations.  
Washington, DC: GAO, 2023. 76p.

By Daragh Murray

Retrospective facial recognition (RFR) marks a step change in police surveillance capability that has received surprisingly little attention to-date. As the legal issues surrounding RFR are uncertain, and as legal challenge is likely, this article makes four key contributions. First, the surveillance capability made possible by RFR is set out. Second, human rights harms associated with RFR are examined, highlighting the ‘chilling effects’ of surveillance, and raising the possibility of compound human rights harm. Third, the assumption that the common law, coupled with police forces’ policy framework, may satisfy the ‘in accordance with the law’ test is challenged, and existing policy frameworks are evaluated. Fourth, the ‘necessity’ test is unpacked to better understand how evidence in favour of a RFR deployment could be presented, and how associated harm may be identified. This section asks whether the necessity test, as currently approached, is adequate in light of the emergence of RFR.

Modern Law Review, Dec. 2023.

By Tim Verlaan & Stijn Ruiter 

Background

As rapid response has been a key policing strategy for police departments around the globe, so has police response time been a key performance indicator. This scoping review maps and assesses the variables that predict police response time.

Methods

This review considers empirical studies, written in english, that include quantitative data from which an association between the outcome variable police response time and any predictor can be observed or derived. This review provides both a narrative synthesis as well as what we termed a hybrid synthesis, a novel way of synthesizing a large quantitative dataset which is considered too rich for a mere narrative synthesis and yet does not allow for meta-analysis.

Results

The search, screening and selection process yielded 39 studies, which presented 630 associations between 122 unique predictor variables and police response time. In order to present the results in a digestible way, we classified these into categories and subcategories. All methodological steps and the findings are made public: https://github.com/timverlaan/prt.

Conclusions

Most of the conclusion and discussion focuses on lessons learned and recommendations for future research, as it proved hard to draw any definitive conclusions on causal factors related to police response time. We recommend that future studies clearly describe mechanisms, focus on the components of police response time (reporting time, dispatch time, travel time—or a combination of these), attempt to standardize predictors and outcome variables, and we call for more research into reporting time. We conclude this review with a first attempt at deriving a causal model of police response time from the subcategories of predictor variables we observed in the empirical studies included in this review.

Trail Registration: https://osf.io/hu2e9. Crime Science volume 12, Article number: 19 (2023) 

By Moa Lidén

Predictability of legal decisions is usually considered a prerequisite for the rule of law, following the maxim ‘like cases should be treated alike’. Yet, this presupposes that the case outcome can be predicted based on the merits of the case, rather than other factors. The purpose of this study was to test whether and to what extent legal decisions on petitions for new criminal trials can be predicted on the basis of other fairly superficial criteria that one could access without even reading the case file, e.g. which Court decided, whether the applicant had legal representation etc. To this end, all petitions for new criminal trials submitted to the Swedish Supreme Court and the six Courts of Appeal in the time period 2010–2020 (n = 3915) were reviewed. This data formed the basis of a regression model which was then used to predict decisions regarding petitions in 2021. On the basis of access to legal representation and crime type, the regression model predicted accurately 100 % of the decisions made in 2021. This raises questions about the evidentiary basis for the decisions and also the role of judges in situations where their decisions are fully predictable.

Science & Justice Volume 64, Issue 1, 2024

By  Libor Duˇsek and Christian Traxler

This paper studies how swiftness and delay of punishment affect behavior. We leverage rich data on the enforcement of speed limits by automated speed cameras. The data allow us to track cars’ driving histories over time as well as the exact time when tickets are sent, delivered, and paid. To identify the effect of swift or delayed tickets on payment and driving outcomes, we exploit two sources of (quasi-)experimental variation: (1) at the start of the speed camera systems, administrative issues caused large delays in the time between an offense and the sending of a ticket; (2) in cooperation with the authority, we later introduced a protocol that randomized the sequence at which tickets were processed. We get two sets of results. First, we find significantly negative effects of delays on payment compliance. Relative to tickets sent within 4 weeks after an offense, the rate of timely paid fines drops by 7 to 9% when a ticket is delayed by four or more weeks. We also find evidence that very swift tickets, which are sent within the first day after an offense, increase timely payments. These findings are in line with the expectations of academic economists and criminologists, which we elicited in a survey. Our second set of results shows that tickets cause a strong, immediate, and persistent drop in speeding. However, we do not detect any differential effect from swift or delayed tickets. This conflicts with widely held beliefs about the benefits of swift punishment, which are also mirrored in the responses to our survey.

 CESifo Working Paper No. 10906, 2024

By Alexandra Klein

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking those trends across multiple cases demonstrates broader system failures. Alabama’s 2022 executions present a useful case study for understanding the flaws in execution practices and capital punishment more broadly.

This Article documents the 2022 Alabama executions and makes three contributions. First, it summarizes the events in Alabama surrounding the executions of Matthew Reeves and Joe James, and the failed executions of Alan Miller and Kenneth Smith. It reviews some issues associated with each capital sentence and appeals process. Second, it explores points of commonality among each of the four cases: non-unanimous jury sentencing and judicial overrides, inadequate legal representation and resources, the role the Supreme Court played in the cases, and the problems associated with Alabama’s execution protocols. Finally, it addresses the outcome of Alabama’s decision to suspend executions and offers recommendations intended to protect the Eighth Amendment rights of people facing executions if Alabama’s elected officials are unwilling to take the necessary step to abolish the death penalty.

The problems this Article describes are not unique to Alabama, but events in Alabama afford an opportunity to bring fresh scrutiny to these issues. The Supreme Court’s willingness to authorize executions regardless of the merits of an individual case makes it more likely that errors like this will continue to happen. Alabama is not the whole story of 2022’s botched executions, but what happened in Alabama illustrates just how pointlessly cruel the process of capital punishment is.

24 Nev. L.J., Forthcoming, 2024.

By Corinna Lain

They say that the road to hell is paved with good intentions, and our failed implementation of deinstitutionalization in the 1970s is a prime example of the point. In this symposium contribution—a response to Jeffrey Bellin’s book Mass Incarceration Nation—I offer a historical account of deinstitutionalization of state mental hospitals, tracing how severely mentally ill patients were discharged from state hospitals and eventually made their way back to secure beds, but in our nation’s jails and prisons instead. Mental health and mass incarceration are not separate crises, I argue, but rather interconnected problems with an interconnected past that require an interconnected solution. The lessons of deinstitutionalization’s failures can inform how our decarceration story plays out, offering an opportunity to avoid the mistakes of our past and move toward a more just, humane, and equitable future—a future that takes the “mass” out of mass incarceration.

William & Mary Law Review, Vol. 65, No. __, 2024

By Thomas Frampton

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like Strauder v. West Virginia (1880). Legal scholars and historians unanimously report that free people of color did not serve as jurors, in either the North or South, until 1860. In fact, this Article shows, Black men served as jurors in antebellum America decades earlier than anyone has previously realized. While instances of early Black jury service were rare, campaigns insisting upon Black citizens’ admission to the jury-box were not. From the late 1830s onward, Black activists across the country organized to abolish the all-white jury. They faced, and occasionally overcame, staunch resistance. This Article uses jury lists, court records, convention minutes, diaries, bills of sale, tax rolls, and other overlooked primary sources to recover these forgotten efforts, led by activists who understood the jury-box to be both a marker and maker of citizenship. A broader historical perspective—one that centers Black activists in the decades before the ratification of the Fourteenth Amendment in 1868—offers a new way of thinking about the relationship between race, rights, citizenship, and the jury.

New York University Law Review, 2024.

By The Welsh Parliament Equality and Social Justice Committee

Women who commit crime are generally some of the most vulnerable and disadvantaged in society, often with multiple and complex needs. Women now make up around 5 per cent of the prison population, estimated to be twice as many as twenty years ago.

Wales, The Committee. 2023, 56pg

By Nisha Waller and Naima Sakande

In England and Wales, the requirement for a unanimous jury verdict in criminal cases was abolished in 1967, marking a significant departure from a centuries-old legal tradition. Majority verdicts are now common practice, yet no research to date explores the origins of this sudden change to the jury system. In contrast, recent research in the US uncovered a connection between the conception of majority verdicts in Louisiana and Jim Crow era law-making, finding that majority verdicts were strategically introduced to suppress the black juror vote and facilitate quicker convictions to fuel free prison labour. The US Supreme Court later outlawed majority verdicts in a case known as Ramos v. Louisiana, amid recognition of their racist origins. Adopting the critical epistemological position guiding the US research, we consider how race and class underpinned the decision to introduce majority verdicts in England and Wales. Drawing on Home Office files and other archival materials, we find that an increase in eligible jurors from different racial and class backgrounds led to a perceived decline in the ‘calibre’ of jurors – reflective of wider public anxieties about Commonwealth immigration, Black Power and white disenfranchisement. We conclude that a desire to dilute the influence of ‘coloured’ migrants on juries contributed to the introduction of majority verdicts in England and Wales.

Race & Class, 0(0). https://doi.org/10.1177/03063968231212992 Online First, 2024.

By Ross Miller, Paul Heaton, Haley Sturges

Presumptive field tests for illicit substances have become an integral part of policing. Inexpensive and fast, these tests have become a tool of choice for law enforcement agencies. Unfortunately, they are notoriously imprecise and are known to produce “false positives,” where innocuous legal substances (e.g., baking soda) provide the same result as an illegal substance (e.g., cocaine) and leading to frequent wrongful arrests and wrongful convictions. Although originally developed as a preliminary-only testing method due to their unreliability, these tests have become de facto and inaccurate determinants of guilt or innocence in thousands of cases, causing considerable negative and undeserved consequences for thousands upon thousands of Americans. In the modern U.S. criminal legal “system of pleas, not...of trials” (Lafler v. Cooper, 2012) where 95% of cases are resolved by plea bargain, the unreliability of these tests undermines public trust in the justice system and creates a liability risk for jurisdictions that rely on them. This research report provides the first-ever comprehensive analysis of presumptive drug field test usage across law enforcement agencies in the United States. Utilizing a nationwide survey of agencies, the report offers national estimates on the frequency of test usage, finding that each year approximately 773,000 drug-related arrests involve the use of presumptive tests. Using the survey data and national estimates of drug arrests, this report examines the impact of the tests on wrongful arrests, racial disparities in their use, and their subsequent impact on drug possession prosecutions and dispositions.

 2023. 68p.

By Gillian Slee

Research shows that street-level bureaucrats rely on notions of deservingness to manage their caseloads. Accounts traditionally identify how workers use mainstream cues to categorize clients, but a growing literature calls for situated accounts of discretion. This study draws on fieldwork with public defenders to describe how institutional position and professional knowledge condition discretion. I analyze how the dynamics of representation inform defenders’ understandings of and advocacy for clients with varying criminal-legal backgrounds and needs. In this case study, defenders’ perceived strategic options penetrate their estimations of clients’ deservingness and drive their advocacy. Tailored representation elevates the needs of individuals without records and those with unremitting criminal-legal contact, helping attorneys manage their caseloads and advance their aspirations, but it produces uneven defense. I develop a role concept, “structural antagonist,” to signify and describe a uniquely situated street-level bureaucrat whose mandate includes both serving and straining the institution.

Social Service Review, volume 97, number 4, December 2023.

By James R. Acker, Bethany Backes, Catherine L. Bonventre, Eric Martin, Angela Moore,  Robert J. Norris,  Allison D. Redlich

This report contains three chapters: Chapter 1 reviews 100 years of scholarship on wrongful convictions, ranging from early case studies of exonerations to more recent scientific analyses of wrongful convictions. The review finds that knowledge about the prevalence and causes of these serious miscarriages of justice remains limited and mixed at best. Chapter 2 focuses on several “elephants in the courtroom” that have not garnered significant attention among wrongful conviction scholars, practitioners, policymakers, and activists. This section examines the deep linkages between race, society, the administration of justice, and wrongful convictions. Chapter 3 discusses the major themes that emerged during the listening sessions in an effort to better understand the problems victims and those who have been exonerated face during the review of post-conviction innocence claims and after the exoneration. The report concludes with policy recommendations to help address the most pressing issues.

This report builds on the listening sessions for victims or survivors of crimes that resulted in wrongful convictions during a three-day meeting hosted by the National Institute of Justice (NIJ), the Bureau of Justice Assistance, the Office for Victims of Crime, and external organizations. The three-day meeting allowed NIJ and its federal partners to hear directly from participants who had been victimized and revictimized due to errors of justice. On the third day, the federal observers met to discuss possible actions to be taken for research and practice. The report contains three chapters: Chapter 1 reviews 100 years of scholarship on wrongful convictions, ranging from early case studies of exonerations to more recent scientific analyses of wrongful convictions. The review finds that knowledge about the prevalence and causes of these serious miscarriages of justice remains limited and mixed at best. Chapter 2 focuses on several “elephants in the courtroom” that have not garnered significant attention among wrongful conviction scholars, practitioners, policymakers, and activists. This section examines the deep linkages between race, society, the administration of justice, and wrongful convictions. Chapter 3 discusses the major themes that emerged during the listening sessions in an effort to better understand the problems victims and those who have been exonerated face during the review of post-conviction innocence claims and after the exoneration. The report concludes with policy recommendations to help address the most pressing issues. 

Washington DC: U.S. Department of Justice, Office of Justice Programs, 2023. 64p.

By Akhi Johnson, Stephen Roberts, Erin Ross, et al. 

The reform prosecution movement faces a critical moment. With the nationwide uptick in violent crime, reform prosecutors face unprecedented attacks: legislation to limit their discretion, politicians seeking to remove them from office, and demands for recall elections. The movement has weathered the storm, but reform prosecutors need continued support in pursuing agendas aligned with the communities that elected them, and the Vera Institute of Justice (Vera) is well positioned to help them do so. In 2017, Vera launched the Reshaping Prosecution initiative in response to a wave of reform prosecutors winning office across the country. Reform prosecutors ran campaigns promising a systemic approach to pursuing justice, and Reshaping Prosecution sought to help them transform those promises into measurable policy changes. Vera piloted an engagement with St. Louis Circuit Attorney Kimberly Gardner and her office from 2017 to 2019 that contributed to significant gains for the city. Gleaning lessons learned from that pilot, Vera launched a request for proposal process to select new partners. Vera selected each office based on a vetting process that included the district attorney’s demonstrated commitment to pursuing reforms, community support for reform efforts, sufficient staff capacity to work with the Vera team, and adequate data systems to allow an analysis of office practices. After receiving 14 applications, Vera selected six partners: Boulder County, Colorado; Contra Costa County, California; DeKalb County, Georgia; Ingham County, Michigan; Ramsey County, Minnesota; and Suffolk County, Massachusetts. This report describes Vera’s partnerships with each jurisdiction to take a systemic approach to justice by examining racial disparities and collaborating with the offices and their communities to develop solutions. These partnerships faced significant challenges, beginning with the pandemic, which halted work in the early stages; the racial justice movement in the summer of 2020 and its unique impacts on each jurisdiction; and pushback from opponents of change.   

New York: Vera Institute of Justice, 2023. 40p.

By  Alissa Pollitz Worden, Kaitlin Moloney, et al.

New York’s groundbreaking 2019 bail reforms aimed to curtail pretrial detention, diminish the role of finances in release decisions, and tackle racial disparities in pretrial outcomes. This study is the first to examine pretrial decision-making in New York’s under-examined Town & Village Justice Courts, addressing a knowledge gap in public understanding and serving as a companion to related research on the topic. This report was authored by DCJ’s partners at The John F. Finn Institute for Public Safety.

1.     Increased Pretrial Release Under Bail Reform:

• Higher percentage of Justice Court cases released without bail for misdemeanors (82% in 2018 vs. 93% in 2021) and nonviolent felonies (59% in 2018 vs. 71% in 2021).

2.     Absence of Racial Disparities in Release Rates:

• Release rates were similar across racial and ethnic groups throughout the study period (both pre- and post-reform).

3.     No Progress Towards Affordable Bail:

• Bail amounts did not become more affordable, and people did not become more likely to post bail, after the reforms went into effect (echoing prior Data Collaborative for Justice research on City and District Courts across the State).

4.     Justice Courts vs. City Courts from the Same Counties:

• Justice Courts released people at higher rates than City Courts both pre- and post-reform. By 2021, less than 7% of people charged with misdemeanors were detained in the Justice Courts compared to 11% in urban City Courts and 13% in small City Courts from the same counties.

Albany, NY:  John F. Finn Institute for Public Safety, Inc., 2024. 41p.

By Julius Yam 

Authoritarianism has significant implications for how judges should discharge their duties. How should judges committed to constitutionalism conduct themselves when under authoritarian pressure? To answer this question,the article proposes a two-step adjudicative framework, documents a variety of judicial strategies, and proposes how principles and strategies can and should be incorporated into the framework in different scenarios. The first step of the adjudicative framework involves judges identifying the ‘formal legal position’ while blindfolding themselves to extra-legal factors (such as potential authoritarian backlash). In the second step, depending on the level of risk incurred by maintaining the formal legal position, judges should lift the blindfold to check whether, and if so how, the formal legal position should be supplemented with or adjusted by judicial strategies. Through this analysis, the article offers a guide to judicial reasoning under authoritarianism 

Modern Law Review Limited.(2023) 00(0) MLR 

By Colette Barry, Chalen Westaby, Mark Coen, Niamh Howlin

Judges are required to suppress and manage their own emotions as well as those of other court users and staff in their everyday work. Previous studies have examined the complex emotional labour undertaken by judges, but there is limited research on the emotion management performed by judges in their interactions with jurors. Drawing on a qualitative study of judge–jury relations in criminal trials in Ireland, we illustrate how judges learn and habituate emotional labour practices through informal and indirect processes. Judges described managing their emotions to demonstrate impartiality and objectivity. Their accounts also underline the importance of balancing presentations of neutrality with empathy, as well as being mindful of the potential emotional toll of jury service on jurors.

Journal of Law and Society Volume 50, Issue 4 p. 477-499

By U.S. Bureau of Justice Assistance

This article provides details about Louisiana’s Orleans Reentry Court Program (ORCP), which originated in the Louisiana State Penitentiary at Angola from a desire to equip inmates with vocational, educational, and other skills that could lead to gainful employment and reduce the likelihood of recidivism. The document describes the requirements of the in-jail portion, which involves participants being mentored by other inmates, typically those who are serving life sentences; it also provides details of the probation portion of ORCP. The document notes that after ORCP had been established, one of the program founders recognized that participants suffering from opioid use disorder were lacking the necessary services to maintain their recovery and successfully complete the program. In order to address that, Orleans Parish Criminal District Court applied for and received a fiscal year 2018 Comprehensive Opioid Abuse Program grant, which introduced an enhanced substance abuse treatment aspect, including medication-assisted treatment (MAT) services, and more wraparound case management services into the existing reentry court model. The discussion of lessons learned reviews what Comprehensive Opioid, Stimulant, and Substance Abuse Program (COSSAP) covers, and the importance of strategically leveraging available resources.

Washington, DC: U.S. Bureau of Justice Assistance, 2020. 4p.

By Christopher M. Bellas

This Article features the many factors that influence jurors' decision making in trials involving police use of excessive force. First, there is a discussion of what exactly police use of force is and how much exists. Second, there is a review of the relevant case law regarding police use of force that focuses primarily on the doctrine of qualified immunity (a code that affords police protection from being sued, most often under 18 U.S.C. § 1983). Third, in those rare police use of excessive force trials, the final decision regarding the liability of the defendant most often rests with a jury. Because the Sixth and Seventh Amendments to the U.S. Constitution states one is to be tried by a jury of one's peers, which comes from the community, I investigate the importance of community relations with the criminal justice system, in particular policing, and how these relationships shape a potential jury pool. Finally, I assess the psychology behind juror decision making and its impact in police use of force trials regarding the psychological schema already impressed on jurors prior to rendering verdicts or that could color or negate their interpretation of the evidence presented at trial.

73(3) Case W. Rsrv. L. Rev. 895 (2023)