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Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, October 24, 2011

Kirk, Papchristos, Fagan, and Tyler on the Conflict Between Criminal Law Enforcement and Immigration Law

Fagan, Jeffrey A. - Columbia Law SchoolDavid KirkAndrew V. PapachristosJeffrey Fagan (Columbia Law School, pictured) and Tom Tyler (New York University - School of Law) have posted The Paradox of Law Enforcement in Immigrant Communities: Does Tough Immigration Enforcement Undermine Public Safety? (Columbia Public Law Research Paper No. 11-281) on SSRN. Here is the abstract:

Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the U.S. and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities - even law abiding, cooperative individuals - from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that laws are enforced fairly. In contrast, research reveals that cynicism of the police and the legal system undermines individuals’ willingness to cooperate with the police and engage in the collective actions necessary to socially control crime. By implication, recent trends toward strict local enforcement of immigration laws may actually undercut public safety by creating a cynicism of the law in immigrant communities. Using data from a 2002 survey of New York City residents, this study explores the implications of perceived injustices perpetrated by the criminal justice system for resident willingness to cooperate with the police in immigrant communities.

http://lawprofessors.typepad.com/crimprof_blog/2011/10/xxx-kirk-papchristos-fagan-and-tyler-on-the-conflict-between-criminal-law-enforcement-and-immigratio.html

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