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Abner Louima Case: Idiosyncratic Personal Crime or Symptomatic Police Brutality? (From Police Misconduct: A Reader for the 21st Century, P 232-242, 2001, Michael J. Palmiotto, ed. -- See NCJ-193774)

NCJ Number
193786
Author(s)
Richard G. Frey
Date Published
2001
Length
11 pages
Annotation
This paper describes the events of the Abner Louima case in New York City, in which a police officer was convicted of forcing a wooden rod into Louima's rectum in the bathroom of the precinct station, and it discusses how the case reflects some of the unresolved debates about the police and legal system.
Abstract
Regarding the legal processing of the accused officer Justin Volpe, the author discusses State and Federal jurisdiction over the case, police witnesses for the prosecution, the defense, and Volpe's sentence. In commenting on the case, the author argues that the Louima case suggests that, from a legal perspective, conduct that is shocking to the conscience will be punished and generally not tolerated even within the insular police society; however, in many ways the Louima case is the exception that proves the rule regarding the police code of silence. Louima also claimed to have been roughed up by the police during his transport to the police station, but although police witnesses were found on the issue of Volpe's actions in the station bathroom, none testified about the beatings in the car on the way to the station. Further, no one at the station intervened to stop Volpe's brutalization of Louima in the bathroom, nor did anyone report him. It was clear that Volpe felt he could abuse Louima even in the precinct station without fear of intervention or adverse consequences for himself. Honing the deterrence effect of State and Federal laws, internal investigation units, civilian review board procedures, and political responsibility will not end police brutality as long as society entrusts police with the right to use force to maintain peace and order. 27 references

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