Advanced Issues in Criminal Law: The Law of Policing LAW 606E

Course Number: LAW 606E

Course Credits: 2

Currently, the nation is evaluating the legal authority, functions, oversight and funding of police agencies as well as the privacy, contractual and constitutional rights of police officers. These issues are governed by a complex body of constitutional provisions, statutes, case law and regulations in addition to collective bargaining agreements, police department internal procedures, prosecutorial discretion and governmental policies. This class will critically examine the law governing policing in America, and will explore the legal ramifications of some important proposed changes including defunding police agencies; amending statutes and policies to restrict a police officer’s justification for using deadly physically force; precluding officers from testifying in court pursuant to the Brady/Giglio line of cases; limits on civilian oversight of police agencies; the authority to regulate and decertify police officers; abolishing qualified immunity; compelling police officers to answer questions regarding the death of a civilian as a result of police action; limitations on the confidentiality/privacy of a police officer’s personnel records; mandating the use of body warn cameras by police officers and restrictions on the deployment of US law enforcement, military and intelligence personnel to assist local police departments. The course will also examine current issues involving the intersection of law, policy and technology including emerging facial recognition, automated license plate reader and electronic surveillance technologies. Students will study and discuss US Supreme Court and NYS Court of Appeals cases, statutes, regulations, public policy papers and police agency procedures.

Prerequisites: Criminal Procedure: Investigations