Policing

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases where individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability (VADCs). This article considers and ultimately rejects (...) three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article’s final sections explore the policy implications of the fusion account for police administrators, officers, and the law. (shrink)

In a society marked by liberal gun ownership laws, and an increasingly militarized police force, how should we think about cases where a homeowner shoots a person who has mistakenly knocked on the wrong door, or where a police officer shoots someone who is unarmed? The general tendency – by shooters, courts, and many observers – is to use the framework of self-defense. However, as I will argue, relying on the framework of self-defense is inappropriate in these cases, because theories (...) of self-defensive killing are built up around a very specific type of case, namely, a random, sudden, one-off encounter between roughly equally matched strangers. When a person who acts in self-defense has undertaken certain preparations to kill in self-defense – such as buying a gun, or undergoing certain kinds of training – they transform what would have been defensive violence into offensive violence. But because the self-defense framework distinguishes only between defensive and aggressive violence, it cannot easily register the unique moral features of offensive violence. Relying on the self-defense framework, then, produces judgments that are overly permissive of killings by gun owners and police, masking them as self-defensive when in fact they are much more morally fraught. (shrink)

This paper takes up the question of how videographic public announcements (VPAs)---i.e. videos that a wide swath of the public sees and knows that everyone else can see too--- have functioned to mobilize people politically, and how the presence of deepfakes in our information environment stands to change the dynamics of this mobilization. Existing work by Regina Rini, Don Fallis and others has focused on the ways that deepfakes might interrupt our acquisition of first-order knowledge through videos. But I point (...) out that even where every audience member takes a video to be veridical, where first-order knowledge acquisition is secure, an audience aware of deepfakes in their environment will not acquire higher order knowledge in the way that has erstwhile been characteristic for audiences of VPAs. Engaging with ideas from the literatures on public announcement logic, common knowledge, and convention, I enumerate a variety of ways in which we should expect this absence of higher order knowledge to throw up barriers to political mobilization. I go on to apply my analysis of VPAs to the mechanisms by which an uptick in publicly available videos of police brutality over the last decade, mediated by camera phones and social media, was responsible for the largest mass protests in US history in summer 2020. This makes vivid the stakes of the transformation in our mobilizing environment that I've claimed deepfakes effect: where we lose the common-knowledge-generating effects of VPAs, there are fresh obstacles to this sort of mass mobilization. (shrink)

To Protect and Serve is Norm Stamper’s second book, following Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing (2005), and is a welcome contribution to the debate between those who advocate violence against the police and those who insist that no reform is necessary. Radley Balko’s The Rise of the Warrior Cop: The Militarization of America’s Police Forces (2013) inadvertently provided the context of the civil unrest in Ferguson ignited by the shooting of Michael Brown (...) in 2014 and the controversy surrounding the “Ferguson effect” provides the context for Stamper’s treatise on the problems faced – and caused – by contemporary U.S. law enforcement. Stamper is one of the few senior police officers singled out for praise by Balko, for the most part on the basis of his activism against police prejudice and militarisation subsequent to his retirement as Seattle’s police chief in 2000. (shrink)

This Article explores the connections between ideas about American democracy and ideas about the police. I argue that criminal procedure jurisprudence and scholarship on the police over the past half-century have roughly tracked, in a delayed fashion, developments in democratic theory over the same period. The most important of these developments were, first, the emergence during the 1950s of the pluralist theory of democracy, an unusually rich and resonant account that emphasized the roles of elites, interest groups, and competition in (...) sustaining American democracy; and second, beginning in the 1960s, the gradual shift away from this theory and toward accounts of democracy emphasizing popular participation, community, and deliberation. Democratic pluralism helps make sense of several interrelated hallmarks of criminal procedure and police studies in the Warren and Burger Court eras: the focus on the group psychology of the police; the concern with police discretion and the reliance on judicial oversight; the emphasis on personal dignity; the attraction to second wave police professionalism; the embrace of modernity; the centrality of consensus; and the disregard of institutional structure. The subsequent shift away from pluralism finds reflection in several themes in contemporary criminal procedure: the enthusiasm for community participation; the premium placed on transparency; the distrust of elites and expertise; the preoccupation with legitimacy; and the retreat from modernity. Other features of criminal procedure jurisprudence and scholarship today - the continued treatment of the police as a breed apart, the persistent de-emphasis of institutional structure, and the relative inattention to issues of equality - reflect important points of continuity between pluralism and the theories that supplanted it. Our ideas about policing could benefit from a more rounded understanding of democracy - an understanding sensitive to those aspects of democracy that have to do less with collective self-rule than with traditions of resistance to illegitimate hierarchy, and mindful of the core insights of democratic pluralism, 1960s-style participatory democracy, and eighteenth-century political economy. I investigate, in a tentative fashion, how such an understanding of democracy might affect our thinking about five important issues in contemporary law enforcement: community policing, racial profiling, police privatization, police personnel practices, and public disclosure of law enforcement practices. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...) other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

"Legitimacy is lost when the police either fail to protect the public or rely on coercion rather than consent to achieve that protection. Recovering Police Legitimacy challenges conventional criminological, political, and public solutions to the problem by approaching it from the bottom up"--.

This paper examines racial discrimination and algorithmic bias in predictive policing algorithms (PPAs), an emerging technology designed to predict threats and suggest solutions in law enforcement. We first describe what discrimination is in a case study of Chicago’s PPA. We then explain their causes with Broadbent’s contrastive model of causation and causal diagrams. Based on the cognitive science literature, we also explain why fairness is not an objective truth discoverable in laboratories but has context-sensitive social meanings that need to be (...) negotiated through democratic processes. With the above analysis, we next predict why some recommendations given in the bias reduction literature are not as effective as expected. Unlike the cliché highlighting equal participation for all stakeholders in predictive policing, we emphasize power structures to avoid hermeneutical lacunae. Finally, we aim to control PPA discrimination by proposing a governance solution—a framework of a social safety net. (shrink)

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

When police abuse their duties, it undermines the state's internal security. It creates a crisis of legitimacy of police because people detest them for their abuse and tyranny. In 1957, IACP (the International Association of Chiefs of Police) developed an ethics tool Code of Ethics for law enforcement. Nevertheless, training has been focused and emphasized on techniques and tactics of policing. Ethics is not the part of presell of the training. The Code of Ethics is pronounced once in a life (...) only during pass-out day. Police face dilemmas in real-time situations with people and society. This is why, this article is concerned with ethics a tool, and procedures to reduce police abuse. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) (...) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

Ross Swope focuses on seven building blocks of integrity to help police departments and other law enforcement organizations strengthen their ethical culture, thereby restoring an environment of trust, confidence, and cooperation with the public. To illustrate the importance and impact of his approach, he weaves in stories from his forty-three-year career in law enforcement, ranging from his early years as a uniformed patrolman to his final role as a chief of police.

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...) slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (shrink)

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. (shrink)

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

The practice of equipping police officers with naloxone has generated controversy within the profession. I adjudicate the disagreement in this article. I diagnose the dispute as rooted in a philosophical account of professional, role-based obligations. Parties to the debate appear to agree that what the police are permitted to do is determined in part by the essential goal of the police profession. Instead, I argue that we should make room for “experiments in working.” Finally, I argue that naloxone use by (...) police is an experiment in working that falls squarely within the tradition of order maintenance policing. (shrink)

What effects are produced in an encounter between what Gilles Deleuze calls Spinoza’s ‘practical philosophy’ and abolition? Closely following Deleuze’s account of Spinoza, this essay moves from the reifying and weakening punitive moralism of carceral state thought towards a joyful materialist abolitionist ethic. It starts with the three theses for which, Deleuze argues, Spinoza was denounced in his own lifetime: materialism (devaluation of consciousness), immoralism (devaluation of all values) and atheism (devaluation of the sad passions). From these three, it derives (...) three parallel abolitionist theses: (1) Spinozan materialism undermines the reifications of carceral state thought; (2) Spinozan ethics undermines the punitivism of the carceral state; and (3) Spinozan joy is inversely proportional to the power of the carceral state. While Spinoza’s corpus may not give us an adequate account of the complex dynamics of the carceral state and racial capitalism today, this essay argues that in the infinite streams of the Ethics we nonetheless find some vital strategies through which we might compose an anomalous alliance between this condemned philosopher and abolition. (shrink)

It is practically inevitable that even the best-intentioned public officials occasionally inflict unjust harm on people who should not have to suffer it. They mistakenly arrest innocent suspects, and convict innocent defendants. They erroneously adopt and enforce criminal laws that unduly restrict our freedom. They vote for, implement, and enforce tax laws that unfairly burden some citizens. And yet it is widely assumed that, as long as such officials act in good faith, and follow certain institutional rules, we aren’t permitted (...) to protect the innocent victims of their mistakes by inflicting defensive harm on the officials. As a result, those victims may have to suffer injustices that we could, in principle, prevent. This is so even though, if a private person imposed similarly unjust harm, and did so on the basis of mistaken judgments that were equally in good faith, and just as reliable as the institutional judgments guiding the official, we could permissibly harm that person to defend the victim. This essay considers whether, and how, this asymmetric treatment can be justified. After some ground-clearing that sharpens the question, it briefly considers the dominant explanation offered by political philosophers, which focuses on how resisting official mistakes would impact innocent third parties (most obviously, one’s fellow citizens). Finding these explanations wanting, the essay turns to a less frequently considered alternative: under certain conditions, defending the innocent victim against the official’s mistake is unfair to the official who would be harmed in the process. In particular, if officials act for their subjects (in a quite specific sense), then we may, as a matter of fairness, be barred from harming the officials to protect those subjects from (some of) the unjust harms that officials erroneously inflict. This account chimes with familiar views in the history of political thought that take legitimate political power to be held in trust for the people, and legitimate governments to stand in fiduciary relations to their subjects. It explains why officials may in principle have special moral protection that private persons usually lack, and why we may have to put up with officials’ mistakes even if they inflict injustice on innocent persons. But it also reveals how demanding the conditions are under which officials have such protection, and why many existing legal and political institutions lack the legitimacy, and their officials the special moral protection against defensive harm, that they purport to have. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

The Covid-19 pandemic has been analysed as a distinct from, but concurrent with, more typical racist events, such as police killings in the United States. This article argues that one can conceptualise these two events as inter-related and synergistically enhanced. Anti-Black racism is a dynamic that utilises different social inequalities and violent events to manage the Black population within the United States. This article suggests that theorists would benefit from a syndemic analysis of disease and anti-Black violence in future theorisations (...) of Black oppression. (shrink)

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. (...) Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

In 2014, questionable police killings of Eric Garner, Michael Brown, and Tamir Rice sparked mass protests and put policing at the center of national debate. Mass protests erupted again in 2020 after the brutal police killing of George Floyd. These and other incidents have put a spotlight on a host of issues that threaten the legitimacy of policing—excessive force, racial bias, over-policing of marginalized communities, historic injustices that remain unaddressed, and new technology that increases police powers. This introduction gives an (...) overview of these ethical challenges facing police today and the democratic institutions that oversee them. It then outlines the various interdisciplinary perspectives—from Black studies, criminology, history, law, philosophy, political science, and sociology—collected in the volume. Together, these contributions aim to clarify the question of which ethical principles should guide police, where current practices fall short, and what strategies hold the most promise for addressing these failures. (shrink)

From George Floyd to Breonna Taylor, the brutal deaths of Black citizens at the hands of law enforcement have brought race and policing to the forefront of national debate in the United States. In The Ethics of Policing, Ben Jones and Eduardo Mendieta bring together an interdisciplinary group of scholars across the social sciences and humanities to reevaluate the role of the police and the ethical principles that guide their work. With contributors such as Tracey Meares, Michael Walzer, and Franklin (...) Zimring, this volume covers timely topics including race and policing, the use of aggressive tactics and deadly force, police abolitionism, and the use of new technologies like drones, body cameras, and predictive analytics, providing different perspectives on the past, present, and future of policing, with particular attention to discriminatory practices that have historically targeted Black and Brown communities. This volume offers cutting-edge insight into the ethical challenges facing the police and the institutions that oversee them. As high-profile cases of police brutality spark protests around the country, The Ethics of Policing raises questions about the proper role of law enforcement in a democratic society. (shrink)

The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation Bill, (...) 2019 is provided to throw light upon many ethical, social, and legal issues that need to be addressed before the operationalization of the Bill to ensure that this technology is governed democratically to protect the civil liberties of citizens. (shrink)

“When today’s technology relies on yesterday’s data, it will simply mirror our past mistakes and biases.” -/- AI and other high-tech tools embed and reinforce America’s history of prejudice and exclusion — even when they are used with the best intentions. Patrick K. Lin’s Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System takes a deep and thorough look into the use of technology in the criminal justice system, and investigates the instances of coded bias present (...) at every level. -/- In this book, you’ll learn how algorithms and high-tech tools are used in unexpected ways: suggesting which neighborhoods to police, predicting whether someone is more or less likely to commit a crime, and determining how long someone’s prison sentence should be. -/- Machine See, Machine Do takes you on an eye-opening journey of discovery, encouraging you to think twice about our current system of justice and the technology that supposedly makes it more “objective” and “fair.” If you are someone who cares deeply about criminal justice reform, is curious about the role of technology in our day-to-day lives, and ultimately believes we should aspire to make both of these spaces more ethical and safe, this book is for you. (shrink)

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...) have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

The Black Lives Matter movement calls attention to the injustice involved in police killings of blacks and implicitly proposes that a particular emotional attitude--caring about the life of a human being not known personally to oneself--should have been, but was not, present in the police officers involves in these killings. I examine five prominent such killings, but especially Michael Brown, Eric Garner, and Tamir Rice [the article was written before the killing of George Floyd] for the character of the moral (...) failing involved in them, focusing especially on the police failure to aid once the subjects were subdued after being shot or taken down. The failure to care about life is not fully captured by three alternative, though complementary, moral failings--stereotyping, implicit bias, and failing to recognize the rights of black people. I then rebut four objections proposed by a police commissioner to my 'black lives matter' moral framework--(1) that shifting from an aggressive mindset toward someone perceived as a potential threat to a caring one is not possible; (2) that we should be concerned about behavior, not emotions; (3) that police officers kill white people also; and (4) that black police officers are sometimes perpetrators of the killings. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Should you be targeted by police for a crime that AI predicts you will commit? In this paper, we analyse when, and to what extent, the person-based predictive policing (PP) — using AI technology to identify and handle individuals who are likely to breach the law — could be justifiably employed. We first examine PP’s epistemological limits, and then argue that these defects by no means refrain from its usage; they are worse in humans. Next, based on major AI ethics (...) guidelines (IEEE, EU, and RIKEN, etc.), we refine three basic moral principles specific to person-based PP. We also derive further requirements from case studies, including debates in Chicago, New Orleans, San Francisco, Tokyo, and cities in China. Instead of rejecting PP programs, we analyse what necessary conditions should be met for using the tool to achieve social good. While acknowledging its risks, we conclude that the person-based PP could be beneficial in community policing, especially when merging into a larger governance framework of the social safety net. (shrink)

Policing in South Africa reached notoriety for its extensive history of oppressive law enforcement. In 1994, as the country's apartheid system was replaced with a democratic order, the new government faced the significant challenge of transforming the South African police force into a democratic police agency-the South African Police Service (SAPS)-that would provide unbiased policing to all the country's people. More than two decades since the initiation of the reforms, it appears that the SAPS has rapidly developed a reputation as (...) a police agency beset by integrity challenges. This book offers a unique perspective by providing in-depth analyses of police integrity in South Africa. It is a case study that systematically and empirically explores the contours of police integrity in a young democracy. Using the organizational theory of police integrity, the book analyses the complex set of historical, legal, political, social, and economic circumstances shaping police integrity. A discussion of the theoretical framework is accompanied by the results of a nationwide survey of nearly 900 SAPS officers, probing their familiarity with official rules, expectations of discipline within the SAPS, and their willingness to report misconduct. The book also examines the influence of the respondents' race, gender, and supervisory status on police integrity. Written in a clear and direct style, this book will appeal to students and scholars of criminology, policing, sociology, political science, as well as to police administrators interested in expanding their knowledge about and enhancing police integrity. (shrink)

This article responds to Tim Hsiao's "The Moral Case for Gun Ownership".

This collection of essays on policing and the use of force, while written over the course of the last twenty-five years, remains relevant and timely. Although issues in policing and questions about excessive force and brutality have been addressed by criminologists, sociologists, philosophers, and criminal justice ethicists, only a handful of theological ethicists treat this pressing matter. While the Christian moral tradition has a voluminous record of theological attention to violence and nonviolence, war and peace, there is a dearth of (...) references to policing. And most considerations of criminal justice issues by Christians and their churches concentrate on prison reform, or abolition, and the death penalty, but not policing. These essays, authored by a theological ethicist possessing professional experience in law enforcement, seek to fill this curious gap. They offer a framework for moral reasoning concerning the justification for police use of force and the just application of such force, and they propose just policing as a model that is consonant with promoting a just peace in communities and society. In addition, they explore the implications of such an approach for wider, international questions about just war, terrorism, the responsibility to protect, and post-war justice. (shrink)

According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...) behavior. The purpose of this paper is to refute the ability argument. Drawing on both scientific evidence in cognitive science and philosophical arguments in ethics and action theory, I argue that it is invalid and unsound because current evidence is insufficient to establish the premises that implicit attitudes are uncontrollable, that they significantly cause behavior, that responsibility always requires ability, and that even if uncontrollable attitudes did fully cause behavior, this entails that the behavior they cause is uncontrollable. The rejection of the ability argument questions the priority of the unconscious over the conscious mind in cognitive science, deprioritizes ability in theories of moral responsibility in ethics, and provides a strong reason to uphold moral responsibility for implicitly biased behavior. (shrink)

Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...) often or more harshly than other offenders, even when the crimes are the same. The state’s stable disposition to inconsistently hold offenders responsible undermines its standing to hold offenders responsible for the same reasons that hypocrisy undermines standing; instead of making an unfair exception of itself, the state makes an unfair exception of others. Strikingly, this means that the state lacks the standing to hold anyone responsible for a crime for which it is unfairly disposed to hold citizens responsible inconsistently, not just socially deprived offenders. Thus, it is even more urgent that the state regain its moral standing by working toward a justice system that holds offenders responsible consistently. (shrink)

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...) improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

Essay on police legitimacy through public reason and community policing.

Destaca-se a importância da vítima no processo de perfilamento de criminosos, pois é com base na averiguação dos traços físicos e psicológicos deixados na pessoa que sofreu o delito que é possível traçar o perfil criminal do ofensor. Constata-se a estagnação do ensino do criminal profiling no Brasil.

Policing is a highly pragmatic occupation. It is designed to achieve the important social ends of peacekeeping and public safety, and is empowered to do so using means that are ordinarily seen as problematic; that is, the use of force, deception, and invasions of privacy, along with considerable discretion. It is often suggested that the ends of policing justify the use of otherwise problematic means, but do they? This book explores this question from a philosophical perspective. The relationship between ends (...) and means has a long and contested history both in moral/practical reasoning and public policy. Looking at this history through the lens of policing, criminal justice philosopher John Kleinig explores the dialectic of ends and means and offers a new, sharpened perspective on police ethics. After tracing the various ways in which ends and means may be construed, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. nstrued, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. (shrink)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...) a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

Professional work is currently based on explicit knowledge and evidence to a greater degree than in the past. Standardising professional services in this way requires repetitive scenarios and might be seen as a challenge to professional autonomy. In the context of policing, officers perform a range of familiar tasks, but they may also encounter novel challenges at any moment. Moreover, police tasks are not well-defined. Therefore, many missions require police officers to rely on common sense, tacit knowledge or gut feeling. (...) In this article, I argue that a values-based methodology may serve as a tool to help evaluate decisions in unfamiliar situations, to learn from experience, as well as be a quality control for established routines. _Keywords:_ ethics, policing, decision-making, values, experiential learning routines. (shrink)