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11. The Force of the Police: An Analysis of Police Violence Based on Experience in the United States and the Imperative to Restore Legitimacy

Author:
Robert Cornelli
Publication Date:
12-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Egon Bittner, an early scholar of policing, noted that one of the peculiarities of the institution of the police is that it swings into action in response to “something that ought not to be happening and about which someone had better do something now.” The situations in which the police are called on to act are often emergencies, and it is at junctures such as these that, paradoxically, police officers sometimes take actions that ought not to happen. This is precisely what occurred in Minneapolis, Minnesota on May 25, 2020, when George Floyd, a 46-year-old Black man, was stopped by the police and subsequently killed by an officer who knelt on his neck for over nine minutes, ignoring his frequent pleas for help. The words he spoke as he suffocated under the officer’s knee—"I can’t breathe”—became an instant rallying cry for the protest movement that started in Minneapolis and quickly reverberated throughout the United States and the world. Floyd’s death reignited existing anger over American society’s deep and festering racial wounds. The litany of historical abuses in the United States is indeed long. His death also triggered significant social uprisings that have challenged the methods of policing that have emerged over the course of several decades. These uprisings have attributed greater responsibility to the police than in the past, for their perpetuation of stereotypes and discrimination. The time for an in-depth rethinking of the legitimacy of law enforcement bodies in the United States is ripe, and not only as a result of the new political approach ushered in by President Joe Biden and the greater awareness of police brutality triggered by demands of the Black Lives Matter movement.
Topic:
Law Enforcement, Reform, Criminal Justice, Memory, Institutions, Police, Truth, Violence Prevention, and Youth Engagement
Political Geography:
Colombia, South America, North America, Peru, Guatemala, and United States of America

12. Policing the Dark Web: Legal Challenges in the 2015 Playpen Case

Author:
Michael Chertoff and Eric Jardine
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The dark web is now a common platform for criminal activity, especially in liberal democratic regimes. The anonymity of the system gives rise to emergent use as a host of terrorist sites, gun marketplaces, drug bazaars, malicious software fora and pernicious child abuse content boards. Law enforcement can effectively police the dark web through a number of techniques, but the most technologically intensive approaches — known more euphemistically as “network investigative techniques”— raise a number of legal quandaries as their use collides with long-standing legal principles in liberal democratic regimes. Finding ways to minimize the excesses of the dark web through active law enforcement engagement, while also preserving the legal bedrock of liberal democratic societies, is key. The authors explore these issues using the Federal Bureau of Investigation’s 2015 closure of the darknet Playpen child pornography site as a case study.
Topic:
Law Enforcement, Internet, Digital Culture, and Dark Web
Political Geography:
North America and United States of America

13. Follow the Money: Few Federal Grants are Used to Fight Cybercrime

Author:
Michael Garcia
Publication Date:
02-2021
Content Type:
Special Report
Institution:
Third Way
Abstract:
Like traditional crime, not all cybercrime rises to the level that requires a federal response. And like other crimes, victims will call upon state and local law enforcement to respond.1 They are unprepared. The 18,000 law enforcement agencies in the United States lack the tools, personnel, and resources to respond to cybercrime effectively. State and locals have turned to federal funding to fill these gaps, but federal government grants do not prioritize combatting cybercrime. The Justice Department (DOJ) has never identified cybercrime as an “Area of Emphasis” for their main criminal justice grant that awards state and local criminal justice agencies $400-$550 million annually.2 And while DOJ and the Department of Homeland Security (DHS) provided nearly $2 billion that state and local officials could use for cyber enforcement purposes in Fiscal Year (FY) 2019, data from DHS implies that very little is used for cybercrime. Only 2% of all DHS preparedness grant programs were used for all cybersecurity needs in FY 2019.3 Moreover, just three grants in FY 2019 were solely dedicated to cybercrime with a total budget of $12.7 million.4 As a result, only 45% of local law enforcement agencies have access to adequate digital evidence resources, according to one survey. This leads to a backlog of un-analyzed evidence needed to investigate cybercrime and a sense of futility about law enforcement’s ability to close cases.5 While Members of Congress have introduced several bills to create dedicated cybersecurity grant programs for state and local entities, these proposals tend to not include cyber enforcement needs as an eligible expense.6 Moving forward, Congress should: Call on DOJ and DHS to prioritize combatting cybercrime as a main law enforcement issue within their grants. Require prioritization of cyber enforcement needs in grant programs administered by DOJ and DHS in annual appropriations bills; and List cyber enforcement spending as an eligible expense in any bills creating new cybersecurity grant programs for state and local governments.
Topic:
Crime, Law Enforcement, Cybersecurity, Police, Justice, and Cyberspace
Political Geography:
North America and United States of America

14. Border Regulation Begins with Stronger Capacity at Official Points of Entry

Author:
Todd Rosenblum
Publication Date:
05-2021
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
After the Trump Administration cutbacks, Congress should invest in the U.S. southern border to benefit trade, stop bad actors, and humanely process people with real asylum claims. Managing vehicular, rail, and people throughput at border crossings is an enormous challenge, but one not being met. U.S. inspectors do not properly screen more than a small percentage of incoming commercial and personal vehicles making this the primary means for narco-trafficking into the United States. Investing more in screening capacity at the official land Points of Entry with Mexico will reduce crime, illegal drug importation, guns going southbound, strengthen regulation and order essential for safe trade and opportunity, and make for a safer environment for those seeking legal entry into the United States. Congress has steadily appropriated new funds for more border screening capacity, but additional investment in screening capacity is still needed to make up for Trump Administration cutbacks. President Biden’s U.S. Citizens Act of 2021 has a range of helpful proposals to make us safer and keep commerce moving. Congress should mandate better measures to evaluate actual screening effectiveness. Congress also should conduct stronger oversight to address shortcomings in the US Department of Homeland Security (DHS) and Customs and Border Protection Agency (CBP) acquisition plans to make sure border inspectors spend the money more effectively and field the right capability in a timely fashion. There is a range of reforms we must make across immigration and border regulation to better serve our nation and those seeking to come here. Immigration and border enforcement have strayed from our values as a country and urgently need reform. Our legal immigration system both in asylum and visa-based needs clear modernization. Millions who have known no home but America deserve citizenship. Enforcement alone also will not solve our problems, but we must improve all aspects of American immigration and our border.
Topic:
Migration, Immigration, Law Enforcement, Borders, Illegal Trade, and Commercialization
Political Geography:
North America and United States of America

15. 2021 Reader’s Guide to Understanding the Proposed US Cyber Enforcement Budget

Author:
Aaron Clarke
Publication Date:
09-2021
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
Cyber attacks in the United States continue to devastate and disrupt day-to-day operations in the private and public sectors. Marked by events like the ransomware attack on Colonial Pipeline that created gas shortages and increased prices, cybercrime impacts everyday citizens, even if they are not directly targeted by an attack. The Department of Homeland Security (DHS) reported that in 2020 there were “over $4 billion in cybercrime losses reported to the U.S. government.”1 This growing cybersecurity threat has only been exacerbated by the rise of cryptocurrencies like Bitcoin and exposed network vulnerabilities from those working from home during the pandemic.2 In response to this influx of cyber attacks, the Biden Administration has taken steps to both bolster the federal government’s ability to detect and respond to cyber attacks as well as protect its own systems.3 The Department of Energy (DOE) and DHS have both made cybersecurity a top priority in their latest initiatives. President Biden called on DOE to launch a 100 day plan aimed at preventing disrupted services for electric utilities, and DHS announced a series of 60-day “sprints” to support private and public partners against ransomware.4 The FY2021 National Defense Authorization Act also created the first U.S. National Cyber Director, tasked to lead the implementation of U.S. cyber policy and strategy, and rapidly improve cybersecurity defense capabilities. Although ransomware attacks have spiked, the federal government has made inroads on combatting cyber criminals. The Cyber Enforcement Budget for FY2022 should continue funding and seek to build on the key improvements and actions taken by the Biden administration. In this guide, we will look at the budget implications for cyber enforcement, recommendations for Congress, and provide a detailed breakdown of the proposed budget’s funding allocations. Specifically, we recommend that Congress should: Restore the $15 million of funding cut from the State Homeland Security Program. The program provides critical grants to states that require recipients spend at least 10% of their grants on cybersecurity needs. Require an alignment of cybercrime goals and outcomes across law enforcement agencies within the Departments of Homeland Security, Justice, and Treasury. Ensure that federal agencies are prepared to implement President Biden’s cybersecurity executive order.
Topic:
Defense Policy, Science and Technology, Law Enforcement, Budget, and Cybersecurity
Political Geography:
North America and United States of America

16. Black Lives Matter Might Just Rescue American Democracy

Author:
Oona A. Hathaway and Daniel Markovits
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The past weeks in the United States have produced two horrifying varieties of violence. First, and all too familiar, the police killings of Breonna Taylor in Louisville, George Floyd in Minneapolis, and Rayshard Brooks in Atlanta follow a long and awful tradition of brutal state violence directed against Black Americans, beginning with chattel slavery and extending through the fugitive slave laws, lynchings, and right up to the present. The Black Lives Matter movement, which rose to prominence after earlier police killings of Eric Garner in New York City and Michael Brown in Ferguson, Missouri, rightly emphasizes this terrible lineage and contends that achieving racial justice today requires coming to terms with the past. Second, and less familiar, we see an American president openly embracing tools of authoritarian rule. President Donald Trump has incited violence against peaceful protesters, threatening to use “vicious dogs” and “ominous weapons” against them and demanding that the authorities “dominate” citizens gathered to express their values. At the same time, the police have responded with documented instances of violence against members of the press seeking to cover the protests, while military units and military equipment have been deployed against peaceful protesters in Washington D.C. and threatened against protesters throughout the country. These two injustices — racism and authoritarianism — may seem merely to coincide, perhaps because of the person who happens now to occupy the White House. But they are, at least at this moment in American history, deeply intertwined. The writer Akilah Green observes (in a Tweet) that “Police are now brutalizing everyone just to maintain their ability to brutalize black people.” This is more than a Twitter slogan: it captures a deep and powerful social logic.
Topic:
Law Enforcement, Social Movement, Democracy, Protests, and Black Lives Matter (BLM)
Political Geography:
North America and United States of America

17. Immigration Enforcement and the Mental Health of Latino High School Students

Author:
Randy Capps, Jodi Berger Cardoso, Kalina Brabeck, Michael Fix, and Ariel G. Ruiz Soto
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
As public discourse around immigration has become more highly charged and immigration policies have seen sweeping changes in the United States, immigration enforcement has generated fear in immigrant communities across the country—fears that extend beyond the unauthorized immigrant population to immigrant families with U.S.-born children and legal immigrants. This report explores how fear of immigration enforcement is related to the mental health and school engagement of young Latinos, the fastest-growing group of high school students nationwide. It also considers the role of other stressors, including discrimination and economic hardship, and factors that may support students’ resilience, such as spirituality and strong family relationships. This analysis draws its findings from a study that was conducted by researchers from the Migration Policy Institute, University of Houston, and Rhode Island College during the 2018–19 school year and that had two components: self-assessments completed by hundreds of Latino students in 11 high schools, and semistructured interviews with dozens of education professionals and community experts. The two study sites—Harris County, TX and Rhode Island—offer contrasting immigration-enforcement contexts. Among the study’s findings are: A majority of the students in both Harris County and Rhode Island (67 percent versus 52 percent) feared that someone close to them would be arrested and deported. While fears were more common among youth in Harris County, which has a higher level of immigration enforcement, these findings suggest deportation fears are not limited to places where enforcement is widespread. More than half of the students reported symptoms of mental-health conditions such as anxiety, post-traumatic stress disorder (PTSD), or depression at levels high enough to warrant treatment. Students who feared immigration enforcement most acutely—and who changed their behaviors as a result—had the worst mental-health outcomes. Almost one-third of students in the study had changed their behavior as a result of enforcement fears. In interviews, educators also described school and community strategies for supporting Latino students’ mental health, including approaches to establishing a welcoming environment, reforming disciplinary practices, and connecting students with in-house and external mental-health resources.
Topic:
Education, Immigration, Law Enforcement, Mental Health, Deportation, and Latino Issues
Political Geography:
North America and United States of America

18. The Wars Are Here: How the United States’ Post-9/11 Wars Helped Militarize U.S. Police

Author:
Jessica Katzenstein
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
Watson Institute for International and Public Affairs at Brown University
Abstract:
Six years after the germinal United States protests against anti-Black police violence in Ferguson, MO, and months after the 2020 police killings of George Floyd and Breonna Taylor, police in mine-resistant vehicles have once again occupied both the streets and mass public attention. In 2014, images from the Ferguson protests—of snipers pointing semiautomatic rifles into crowds and officers tear-gassing unarmed civilians—prompted activists and politicians to compare the St. Louis suburb to occupied Gaza, Ukraine, or Iraq. During the summer of 2020, as the U.S. witnessed its largest public uprisings since the 1960s, police militarization again came under scrutiny. The Department of Homeland Security flew surveillance aircraft over protests in 15 cities, as officers on the ground deployed flash-bang grenades, sound cannons, rubber bullets, and tear gas against peaceful demonstrators. Since protests began, at least 14 local law enforcement agencies in 10 states have received free mine-resistant vehicles built for the U.S. military. In response, some lawmakers have revived efforts to curtail such transfers of military equipment. Reform groups are advocating to demilitarize the police by limiting when and how they can use armored vehicles and camouflage uniforms.
Topic:
War, Law Enforcement, Protests, and War on Terror
Political Geography:
North America and United States of America

19. Republicans, Democrats Divided over Federal Spending Priorities

Author:
Craig Kafura
Publication Date:
12-2020
Content Type:
Commentary and Analysis
Institution:
Chicago Council on Global Affairs
Abstract:
Results from the 2020 Chicago Council Survey, conducted July 2-19, 2020, reveal bipartisan support for increased federal spending on a number of domestic priorities, including education, healthcare, and Social Security. But beyond that, Republicans and Democrats are divided on a range of spending issues, including defense, immigration enforcement, and federal aid to state and local law enforcement.
Topic:
Defense Policy, Immigration, Law Enforcement, Budget, and Political Parties
Political Geography:
North America and United States of America

20. Factsheet: The NYPD Muslim Surveillance and Mapping Program

Author:
Bridge Initiative Team
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
The Bridge Initiative, Georgetown University
Abstract:
The New York Police Department’s (NYPD) Muslim Surveillance and Mapping Program began under Mayor Michael Bloomberg in 2001 and monitored Muslim communities in New York City and nearby states until 2014. A secret unit within the program called the Demographics Unit sent informants into mosques, Muslim student groups, and Muslim-owned businesses to gather information on 28 “ancestries of interest.” The program never generated a lead for law enforcement, faced repeated challenges in court, and was met with accusations of religious and racial profiling. The program also sowed anxiety, suspicion, and distrust of law enforcement within Muslim communities.
Topic:
Law Enforcement, Surveillance, War on Terror, Police, NYPD, and Muslims
Political Geography:
New York, North America, and United States of America