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46 S. Cal. L. Rev. 284 (1972-1973)
Killings by Chicago Police, 1969-70: An Empirical Study

handle is hein.journals/scal46 and id is 294 raw text is: KILLINGS BY CHICAGO POLICE,
1969-70: AN EMPIRICAL STUDY
RICHAiD W. HARDING*
assisted by
RICHARD P. FmmY*
During 1969 and 1970, Chicago police killed 85 citizens in incidents
involving confrontation and arrest. Inquest transcripts, newspaper re-
ports, and other publicly available information revealed 11 apparent
prima facie cases of manslaughter or murder. Several other incidents
presented factual anomalies sufficient to suggest that a thorough inves-
tigation might well have revealed such prima facie cases. Yet only
one policeman has faced a criminal trial as a result of these events.
This sustained trend of failure to test the legality of such conduct re-
suits either from the collaboration between or the inertia of those pri-
marily charged with the administration of the criminal law-the police
and the State's Attorney. Mutual reinforcement of the other's attitude
has erected an almost impenetrable barrier to effective testing of ques-
tionable police conduct. The Coroner, whose office has a residuary
law enforcement power in homicide cases, seems similarly unprepared
to challenge police conduct effectively. Moreover, there is a wide
measure of public tolerance of the use, and thus the occasional misuse,
of firearms in law enforcement.
This Article examines killings by Chicago policemen during 1969-
70, both from the perspective of official versions of the incidents and,
in addition, alternative versions of the same incidents constructed from
*  Senior Lecturer, University of Western Australia Law School. LL.B. 1960,
London University; LL.M. 1962, Columbia University. The author wishes to thank
the following members of the Center for Studies in Criminal Justice, University of
Chicago Law School for their constant help and encouragement in this project: Hans
W. Mattick, Gordon J. Hawkins, Norval Morris, Franklin E. Zimring, Wayne A.
Kerstetter, and Henry Balikov.
** B.A. 1966, San Francisco State College; J.D., 1971, Northwestern University
Law School. The author is presently attorney in charge of Dinebeinna Nahiilna Be
Agaditahe, Shiprock, New Mexico.
Both authors wish to thank Miss Debbie Palmer of Northwestern University Law
School for her assistance at various stages of this project. They also wish to thank
Businessmen for the Public Interest for various materials made available to them in
the early stages of this study.

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