Principles of law, policing is approved
PHILADELPHIA CREAM – Members of the American Law Institute voted today to endorse the Principles of Law, Policing. Jhe Policing Principles project began in 2015 and is the Institute’s first project in this critical area. The principles are primarily addressed to legislatures, administrative agencies or private actors.
The project reporter is Barry Friedman from New York University School of Law. The associate rapporteurs of the project are Brandon L. Garrett of Duke University School of Law, Rachel A. Harmon of University of Virginia School of Law, Tracey L. Meares of Yale Law School, Married Ponomarenko of University of Minnesota Law Schooland Christopher slobogin of Vanderbilt University School of Law. Christy E. Lopez of the Georgetown Law Center served as Project Fellow.
“This project offers the framework on which to build a just and rational action preserve the order laws, policies and practicesexplained ALI Director Richard L. Revesz. “Since it is a Draft Principles, rather than a Restatement, our objective is not to synthesize case law. Instead, Reporters strives to develop best practices for policing issues that have strong legal foundations. Our work is informed by a variety of sources, including existing policies and practices in various jurisdictions, social science research and constitution standards. JThe audience for the project is wide, including legislatures, police agencies, bodies that regulate or oversee police services, the public and also, in some cases, law courts.”
The Draft Policing Principles were approved by members in a series of interim drafts at ALI’s annual meetings. With the approval of the 2022 project, all 14 chapters are complete. The chapters are:
Chapter 1: General Principles of Good Policing
Chapter 2: General principles of searches, seizures and information gathering
Chapter 3: Policing with Individualized Suspicion; Police encounters
Chapter 4: Policing in the Absence of Individualized Suspicion
Chapter 5: Law Enforcement Databases
Chapter 6: Use of Force
Chapter 7: General principles for collecting and preserving reliable evidence for Arbitration process
Chapter 8: Collecting Forensic Evidence
Chapter 9: Eyewitness Identifications; Police interrogation; Informants and undercover agents
Chapter 10: Promote a sound policy within agencies
Chapter 11: Role of other actors in promoting sound policing
“the goal of the project is establish a series of principles, or best practices, for the police in United Statessaid project reporter Barry Friedman. “We assembleD these principles by gathering knowledge and advice from a wide range of stakeholders, addressing all the different sides of the questionif we wanted to tackle. Our hope is that legislature would like to to think that these principles provide a good benchmark for good policing, and that the policing police agencies will be To feel they could and would be adopt these practices and policies.”
These Principles are already having an impact around the world. Those endorsed by ALI members have been shared with legislators and other policy makers. Some of the concepts in the Principles – around things like democratic governance, pretextual stops, use of force, etc. – are already enshrined in law. Said Friedman, “[t]eporters are all active in efforts to spread the word, and those efforts will intensify now that the project is complete.
The first principles to be approved by ALI members were the Use of Force Principles approved at the 2017 Annual meeting. Reporter Friedman, through the NYU Policing Project (of which he is the director), worked closely with the Camden County Police Department to establish a revised use of force policy, based largely on ALI principles. And the Policing Project has developed a model use-of-force law, which is available on its website and has served as the basis for conversations with many lawmakers.
Friedman explained, “Like the use of force principles found in the ALI Project, Camden’s revised use of force policy goes beyond the Supreme Court’s minimum constitutional principles regarding the use of force – that an officer may not use force that a reasonable officer would face in similar circumstances – to state clearly that officers must do their utmost to respect and preserve the sanctity of all human life, avoid unnecessary use of force and minimize the use of force, while protecting themselves and the public.”
“This project is so useful and so practical because of the the breadth of experience of its adviserssaid director Revesz. “The group includes police chiefs and leaders of organizations who have expressed concern about policing practices, including those dealing with racial justice and civil liberties, as well as judges, prosecutors and defense attorneys. As all careful observers of ALI’s work know, it takes a village to produce an ALI project. I am therefore very grateful to the team of rapporteurs and to the very dedicated advisers and Member Advisory Group. At a time when our society appears singularly divided, observing individuals from very different backgrounds address very difficult issues with civility and constructively is a real privilege!” The full list of project advisors and other participants visible on the project page.
The rapporteurs, under the supervision of the director, will now prepare the official text of the Institute for publication. At this stage, reviewers are permitted to correct and update citations and other references, make editorial and stylistic improvements, and implement any substantive changes agreed during discussions with membership and Council, or by approved motions at the annual meeting. Until the publication of the official textdraft approved by members and the Council is the official position of the ALI, and can be cited as such.
About the American Law Institute
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and improve the law. ALI drafts, discusses, revises, and publishes restatements of law, model codes, and principles of law that are hugely influential in courts and legislatures, as well as in legal research and education.
By participating in the work of the Institute, its distinguished members have the opportunity to influence the evolution of the law in existing and emerging fields, to work with other eminent lawyers, judges and scholars, to give back to a profession to which they are deeply committed, dedicated and contribute to the public good.
More information aabout reportersaffiliations:
Barry Friedman, Jacob D Fuchsberg Teacher ohf Law anotd Affiliate Professor of Politics at New York University School of Lawis the founder and director of the faculty ofEand Police projectat NYU Law.
Brandon L Atticyou, L. NeilWilliams, Jr. Professor of Law at Duke University School of Law, is the director of Wilson Center for Science aD Justice at Duke Law School.
Rachel A. Harmon, Harrison Robertson Professor of Law and Class of 1957 Law Research Professor, is the director of Center for Just CriminalsIthis to UVA Straight
Christy Lopez, practice teacher at Geohrgetown UniverseIty School of Straight,is the Faculty Coddirector of the Center for Community Safety Innovationsat Georgetown Law.
Tracey Meares, Professor of Law Walton Hale Hamilton at Yale Law School, is the Founding Director of Judge C.ohlaboratory at Yale Law School.
Maria Ponomarenko, Associate Professor of Law at Law S of the University of Minnesotavshoolis VSo-Funder and VSousel of the Font Probjectat NYU Law.
Christopher Slobogin, Milton R. Underwood Professor of Law and Associate Professor of Psychiatry ayou Vanderbilt School of Law, is the director of criminalal Justice Program at Vanderbilt Law.