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3 - Democratizing Proof, Taking the Case to the People

from Part I - Toutveillance Power and Police Control

Published online by Cambridge University Press:  03 May 2019

Mary D. Fan
Affiliation:
University of Washington
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Summary

The wider-spread availability of videos of police encounters has the potential to change the balance of power over proof in suspect-said, police-said credibility contests and enhance judicial enforcement of civil rights. Recordings can help correct or create the record and dispel false accusations. In addition to potentially exonerating officers, videos also can potentially help suspects. The wider-spread availability of audiovisual evidence is paradigm-shifting, offering a means to contest the official story. Video can challenge the primacy of the police report in shaping the outcome of cases, from what story gets aired to what plea bargain a person gets. Indeed videos are so influential that there is an important debate over whether officers should be able to view recordings before writing their reports or responding to complaints. Viral videos also have a volatile power to take a case directly to the courtroom of public opinion, potentially avoiding qualified immunity hurdles and creating pressure for police to settle controversial civil rights lawsuits. The dawning future where most police activities will be recorded also has the potential to reshape constitutional criminal procedure, a major source of rules regulating the police, by revealing patterns of practices and better informing the work of courts.
Type
Chapter
Information
Camera Power
Proof, Policing, Privacy, and Audiovisual Big Data
, pp. 82 - 112
Publisher: Cambridge University Press
Print publication year: 2019

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