Michelle M.K. Hatfield, an alum of my Torts I-II classes, has published a comment, Can Police Unions Help Change American Policing?
This comment nicely links the need for police accountability with the right to truth, a theme better known in post-apartheid South Africa than in American policing, and suggests that police unions could do more to stimulate socially constructive reform. Here is the abstract:
Police unions are part of the problem in American policing. Could police unions also be part of the solution? This Comment begins by putting into practice the dialectic we must achieve at a societal level by detailing the ways in which police and Black Americans have been positioned to be in conflict from the seventeenth century to the present, and by discussing the formation of police unions. American society needs truth-telling about the history and present context that drives police officers into deadly conflict with Black Americans to heal, trust, and effectuate a more perfect system for public safety. This Comment wrestles with the need to understand several truths at once: that police organized into unions in part to protect the rank-and-file from managerial abuse; that the American policing system is in many ways designed and implemented against Black Americans; that police unions organized in the Civil Rights Era to protect police officers from discipline for following orders; and that deep, structural change should include police unions. Less fundamental changes that leave in place the core of American policing, without examining its racist foundations and incentives toward brutality and lethal force, will not serve to bring about lasting reconciliation. This Comment reviews several ways to improve the management of police departments put forth by labor and policing scholars and suggests that the promise of such reforms could motivate participation in a truth process. The conversation about policing reform in the United States has expanded and deepened tremendously in the past year, and it continues to evolve and take on new dimensions. This Comment urges policymakers to create a truth process as part of police reform and suggests that the process be implemented via the police unions because the voices of police organizations that represent rank-and-file officers are a critical ingredient for meaningful change.
Needless to say, police accountability has become a recurring theme and point of student interest in my courses, including Torts and Freedom of Information Law. Ms. Hatfield gave me and my law-librarian-extraordinaire spouse Misty Peltz-Steele the privilege of feeding back on this article prior to submission for publication, but that's me riding coattails. Ms. Hatfield prepared this superb paper principally upon her own impressive initiative and in ample fulfillment of the paper requirement of a popular course in labor law taught by my colleague in public policy, Professor Mark Paige.
The comment appears in the UCLA Criminal Justice Law Review, 2021:211.
