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“The Air Was Blue with Perjury”: Police Lies and the Case For Abolition

Samuel Dunkle

Police officers lie. About nearly every aspect of their work and at every stage of the criminal legal process—in arrest paperwork, warrant affidavits, courtroom testimony, and disciplinary proceedings. The primary scholarly account of police perjury frames the problem as one that emerged largely after the Supreme Court decided Mapp v. Ohio, which made the Fourth Amendment exclusionary rule applicable in state criminal proceedings. But a gap exists in the literature, one this Note seeks to fill: Scholars have neglected to consider whether, and to what extent, police lied before Mapp. By reaching into the historical record, this Note uncovers a rich tradition of rank perjury dating back to the origins of modern policing.

Building on the insight that police have lied for as long as police have existed, this Note sketches an abolitionist framework for police perjury. A structural understanding better accounts for the fact that police lies legitimate police power and figure prominently in two other features of modern policing—racialization and violence. In offering a new framework to understand the perjury problem, this Note joins the growing chorus of scholars, organizers, and activists calling for defunding and dismantling the police.

Lessons from the Military on Reforming Police Discipline

Julia E. Paranyuk

In recent years, there has been significant public debate concerning policing in the United States. Current events and recurring instances of police brutality have drawn attention to police misconduct and reinvigorated calls for systemic reforms to policing and police discipline. While there is a growing consensus in the United States among citizens, politicians, and even officers, that policing—and, in particular, police discipline procedure—requires reform, there is far less agreement as to what changes are necessary and feasible. In the U.S. military context, Congress enacted the Uniform Code of Military Justice (UCMJ), which created a separate military law system that imposes punishment for various administrative and criminal offenses. Some police reform advocates have proposed enacting a UCMJ equivalent—a Uniform Code of Police Justice (UCPJ)—for the nation’s police forces. This Note argues in favor of adopting a UCPJ and proposes a recommended Code structure, while acknowledging that a UCPJ would not be a cure-all for our nation’s policing troubles; further systemic reforms would still be required.