NCJ Number
14395
Journal
Southern California Law Review Volume: 46 Issue: 2 Dated: (MARCH)
Date Published
1973
Length
32 pages
Annotation
KILLINGS BY POLICEMEN ARE EXAMINED FROM DIFFERENT PERSPECTIVES AND MECHANISMS WITHIN THE ILLINOIS CRIMINAL JUSTICE SYSTEM ARE ANALYZED TO DETERMINE THE CAUSE OF THEIR FAILURE TO CONTROL QUESTIONABLE POLICE CONDUCT.
Abstract
DURING 1969 AND 1970, CHICAGO POLICE KILLED 85 CITIZENS IN INCIDENTS INVOLVING CONFRONTATION AND ARREST. INQUEST TRANSCRIPTS, NEWSPAPER REPORTS, AND OTHER PUBLICLY AVAILABLE INFORMATION REVEALED 11 APPARENT PRIMA FACIE CASES OF MANSLAUGHTER OR MURDER. SEVERAL OTHER INCIDENTS PRESENTED FACTUAL ANOMALIES SUFFICIENT TO SUGGEST THAT A THOROUGH INVESTIGATION MIGHT WELL HAVE REVEALED SUCH PRIMA FACIE CASES. YET ONLY ONE POLICEMAN HAS FACED A CRIMINAL TRIAL AS A RESULT OF THESE EVENTS. THIS SUSTAINED TREND OF FAILURE TO TEST THE LEGALITY OF SUCH CONDUCT RESULTS EITHER FROM THE COLLABORATION BETWEEN OR THE INERTIA OF THOSE PRIMARILY CHARGED WITH THE ADMINISTRATION OF THE CRIMINAL LAW - THE POLICE AND THE STATE'S ATTORNEY. MUTUAL REINFORCEMENT OF THE OTHER'S ATTITUDE HAS ERECTED AN ALMOST IMPENETRABLE BARRIER TO EFFECTIVE TESTING OF QUESTIONABLE POLICE CONDUCT. THE CORONER, WHOSE OFFICE HAS A RESIDUARY LAW ENFORCEMENT POWER IN HOMICIDE CASES, SEEMS SIMILARLY UNPREPARED TO CHALLENGE POLICE CONDUCT EFFECTIVELY. MOREOVER, THERE IS A WIDE MEASURE OF PUBLIC TOLERANCE OF THE USE, AND THUS THE OCCASIONAL MISUSE, OF FIREARMS IN LAW ENFORCEMENT. (AUTHOR ANNOTATION & ABSTRACT)