Policing Posts

Actions Taken at the 2021 Annual Meeting (May Session)

The first segment of this year’s virtual Annual Meeting adjourned last week. Below is a summary of the actions taken on May 17 and 18. All approvals by the membership at the Annual Meeting are subject to the discussion at the Meeting and the usual editorial prerogative.

Supreme Court of New Mexico Cites Principles of the Law, Policing

In State v. Martinez, 478 P.3d 880 (N.M. 2020), the Supreme Court of New Mexico cited the Principles of the Law, Policing (T.D. No. 2, 2019), in abandoning the prevailing federal rule governing the admission of eyewitness-identification evidence, as articulated in Manson v. Brathwaite, 432 U.S. 98 (1977), in favor of adopting a new per se exclusionary rule for unnecessarily suggestive pretrial identification procedures, based on its determination that the New Mexico Constitution provided broader due-process protection in the context of eyewitness-identification evidence than the U.S. Constitution.

January 2021 Council Meeting Updates

At its meeting on January 21 and 22, 2021, the ALI Council reviewed and discussed Council Drafts and approved drafts and portions of drafts as listed below.

Using Risk Assessment Instruments to Reduce Incarceration

On this episode of The Marketplace of Ideas, Donald Kochan sits down with Chris Slobogin of Vanderbilt Law School, to discuss Professor Slobogin’s recent monograph titled “A Primer on Risk Assessment: Instruments for Legal Decision-Makers.”

The Troubling Alliance Between Feminism and Policing

My intent is not to cast aspersions on feminism or even “White feminism” but, in the vein of James Forman Jr.’s Locking Up Our Own and Naomi Murakawa’s, The First Civil Right, to tell a complex story of feminism’s relationship to the American penal state so that we feminists can, in Murakawa’s words, “reexamine the scaffolding beneath our explanations for mass incarceration” in order to better fight it.