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101 J. Crim. L. & Criminology 335 (2011)
American Policing at a Crossroads: Unsustainable Policies and the Procedural Justice Alternative

handle is hein.journals/jclc101 and id is 339 raw text is: 0091-4169/11/10102-0335 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 101, No. 2 Copyright 0 2011 by Northwestern University School of Law Printedin U.S.A. CRIMINAL LAW AMERICAN POLICING AT A CROSSROADS: UNSUSTAINABLE POLICIES AND THE PROCEDURAL JUSTICE ALTERNATIVE STEPHEN J. SCHULHOFER,* TOM R. TYLER** & AZIZ Z. HUQ* As victimization rates have fallen, public preoccupation with policing and its crime-control impact has receded. Terrorism has become the new focal point of concern. But satisfaction with ordinary police practices hides deep problems. The time is therefore ripe for rethinking the assumptions that have guided American police for most of the past two decades. This Article proposes an empirically-grounded shift to what we call a procedural justice model of policing. When law enforcement moves toward this approach, it can be more effective at lower cost and without the negative side effects that currently hamper responses to terrorism and conventional crime. This Article describes the procedural justice model, explains its theoretical and empirical foundations, and discusses its policy implications, both for ordinary policing and for efforts to combat international terrorism. . Robert B. McKay Professor of Law, New York University. We would like to thank the Law and Social Sciences Program of the National Science Foundation, the National Institute of Justice, and the Open Society Institute for supporting the research we discuss in this Article. Stephen Schulhofer's work was also supported by the Filomen D'Agostino and Max E. Greenberg Research Funds at New York University School of Law. Aziz Huq's work was also supported by the Frank Cicero, Jr. Faculty Fund at the University of Chicago School of Law. We are grateful for comments on the manuscript by Albert Alschuler, Jeffrey Fagan, David Sklansky, and Frank Zimring, and for the research assistance of Elliot Siegel and Donna Xu. University Professor, Department of Psychology, New York University. Assistant Professor of Law, University of Chicago. 335

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