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Recent articles on race and policing in the Law and Society Review
Jeannine Bell, Susan Sterett, and Margot Young
Co-Editors, Law and Society Review
The recent deaths of two African American men, Philando Castile and Alton Sterling during the first week of July 2016, at the hands of police officers have sparked discussion and controversy over the police treatment of African Americans. The issue of how race is handled by police officers is not a new one for law and society scholars. In this special issue, we highlight a few recently published articles in which the authors explore how police officers interact with racial and ethnic minorities in communities throughout the United States, from the eastern seaboard to Los Angeles.
As socio-legal scholars have long recognized, police officers are street-level bureaucrats granted significant discretion in enforcing the law. Several of the pieces discuss how police officers use this discretion when dealing with minorities. Regardless of context― whether they encounter individuals walking or driving― police behavior sets the tone for the interaction. Aaron Roussell's article explores the policing of a poor Black neighborhood in Los Angeles. Mario Barnes' review of Pulled Over evaluates this power in the context police stops of cars of Black and white motorists in the Kansas City area.
Part of the power that officers are given is the ability to identify and define what is and is not a crime. The organization of criminal prosecution in many jurisdictions in the United States thus means that police officers are gatekeepers to the legal process. They may, as Ryan King notes in his study of the police enforcement of hate crime law, refuse to comply with the law.
This doesn't mean that marginalized citizens are without their own forms of agency in police interactions. As Monica Bell's piece on African American mothers in Washington, DC notes, the disadvantaged women studied show a pattern of strategic decisions to use police to control difficult family members. In these circumstances, and others, trust of the police is affected by the situational context in which the interaction occurs.
There is much more that socio-legal scholars could contribution to societies' understanding of the recent tragic incidents with African Americans and the police. We know little about what officers consider threatening behavior and how these assessments compare with legal dictates governing the use of force. We do not know enough regarding the range of how citizens of different backgrounds approach the police officers they encounter. Social legal research in these areas is critical to expanding our understanding of these difficult social and legal questions.