Week 8
Police Misconduct & Opinions
Syllabus: The Role of the State Attorney General
Police Misconduct
Allegations of police misconduct are referred to attorneys general most often because of a perceived conflict because the district attorneys work with closely local police officers who always witnesses on other pending cases. Attorneys general also have a broader perspective and are therefore able to develop develop expertise in handling police cases and create statewide uniform standards. Further, from the perspective of public confidence, it is often best to have the prosecutor be from outside any local district.
The issue of who will investigate allegations of police misconduct is not new. Indeed many attorneys general have handled these cases for many years, but for other states it is new. While there are disagreements on this policy, the national trend is to expand the role of attorneys general in dealing with allegations over the use of excessive force by police officers.
Note: Links to the readings below open in this window/tab in H20 Casebook. Use your browser’s “back” button to return to the syllabus.
- Articles on AG Role in Police Shootings (2015 – 2016)
- The Ohio Supreme Court Report ("Police Lethal Use of Force," Report and Recommendations of the Task Force to Examine Improvements to the Ohio Grand Jury System, July 2016 (edited)
- Illinois attorney general makes the case for licensing police officers; AG Kwame Raoul also complained that getting the Chicago Police Department to comply with the terms of a federal consent decree has been, at times, "like pulling teeth." Chicago Sun-Times, June 24, 2020
- "Some want outside prosecution of police. Others say that's a mistake," Dayton Daily News, Cornelius Frolick, Aug. 22, 2020
- A Special Unit to Prosecute Police Killings Has No Convictions - The New York Times, Feb. 26, 2021
- WV AG Letter on Review Board (Mar. 4, 2021) (Supplemental reading)
- W.Va. Attorney General reacts to proposed police review board, Mar. 5, 2021
- Attorney General James Files Lawsuit Against the NYPD for Excessive Use of Force | New York State Attorney General, January 14, 2021
- Filed Complaint - NY AG v. City of New York - Police Misconduct - January 14, 2021 (Supplemental Readings)
- Chicago Police Consent Decree (Supplemental Readings)
- The Overlooked Potential of State AGs for Police Reform, Tony Woodlief, Governing Magazine, Opinion, June, 2020 (Supplemental Reading)
Opinions
All State Attorneys General have the authority to issue formal opinions. They provide advice on issues large and small to government actors, from municipalities up to the Governor and are widely disseminated to the public. This section reviews that authority, and the factors that go into when, and when not, to issue an Attorney General opinion. The Chapter includes a series of a rapid-fire hypotheticals in which class members will be asked to vote on whether or not an opinion should issue.
Note: Links to the readings below open in this window/tab in H20 Casebook. Use your browser’s “back” button to return to the syllabus.
- Emily Myers, Antitrust Chief Counsel, NAAG; Andy Bennett, Judge, Tennessee Court of Appeals, Chapter 5, Opinions, State Attorneys General Powers and Responsibilities (2019)
- Aid for Women v. Foulston, 427 F. Supp. 2d 1093 (D. Kan. 2006), vacated as moot following repeal of statute, 2007 WL 6787808 (10th Cir. 2007) (Edited)
- Virginia Attorney General Ken Cuccinelli was just doing his job, Richmond Times-Dispatch, Jeff Shapiro (September 16, 2012)
- Selected Attorney General Opinions (2007 - 2019)
- Opinion of the Virginia Attorney General, Mark Herring, on Voter Intimidation, Sept 24, 2020
- AG - AG Nessel Issues Formal Opinion Stating Guns can be Prohibited at State Capitol, May 11, 2020
- What's Your Opinion? Opinion Hypotheticals