RESTORING PUBLIC CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM: POLICING PROSECUTIONS WHEN PROSECUTORS PROSECUTE POLICE

Recent high-profile cases of police violence that have ended with nonindictments of the involved officers have increased public scrutiny of criminal justice systems' approach to police-suspects. This Comment focuses on the assertion made by many that local prosecutors cannot fairly prosecute th...

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Bibliographic Details
Published in:Emory law journal 2018-01, Vol.67 (4), p.853-887
Main Author: Robertson, Caleb J
Format: Article
Language:English
Subjects:
African Americans
Appointments & personnel changes
Arrests
Bias
Conflicts of interest
Criminal investigations
Disorderly conduct
Fatalities
Indictments
Law enforcement
Legitimacy
Perceptions
Police
Prosecutions
Race
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Summary:Recent high-profile cases of police violence that have ended with nonindictments of the involved officers have increased public scrutiny of criminal justice systems' approach to police-suspects. This Comment focuses on the assertion made by many that local prosecutors cannot fairly prosecute their law enforcement counterparts because of unfair bias. This Comment puts to the side the issue of whether such bias actually exists and instead focuses on the perception that these biases exist, arguing that systemic changes are needed to address the appearance of injustice they cause. The perception of bias degrades the appearance of justice to the public and police alike, endangering the legitimacy of the legal system; for that reason, we ought to presumptively disqualify local prosecutors from handling cases involving police-suspects. Instead, an independent special prosecutor, an outsider appointed by the state attorney general, or a civilian review board should handle such cases.
ISSN:0094-4076
2163-324X