CrimProf Blog

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

Thursday, January 25, 2018

Miller on Policing on Behalf of the Community

Eric J. Miller (Loyola Law School Los Angeles) has posted Policing on Behalf of the Community (City Square: The Online Journal of the Fordham Urban Law Review (2018)) on SSRN. Here is the abstract:
This paper advocates an "institutional" approach to criminal procedure, one that explores the relevance, to criminal procedure, of the municipal police as a public, executive institution, with different levels of organization and decision-making. The institutional approach contrasts with a traditional, "rights-based" approach to criminal procedure that emphasizes episodic encounters between the state and the public. 

Using the institutional approach, the paper then asks some questions about the nature of the police, and in particular their claim to police "on behalf of the public." The paper then considers and rejects some of the different justifications for the police claim to police on behalf of the public, and instead suggests the police should be content to police on behalf of the state.

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