28 Stan. L. & Pol'y Rev. 109 (2017)
Let the Sunshine in: Illuminating the Powerful Role Police Unions Play in Shielding Officer Misconduct

handle is hein.journals/stanlp28 and id is 117 raw text is: 












                              NOTE



   LET THE SUNSHINE IN: ILLUMINATING THE

   POWERFUL ROLE POLICE UNIONS PLAY IN

         SHIELDING OFFICER MISCONDUCT




                        Katherine J.   Bies*


INTRODUCTION          ........................................................110
I. ARGUMENTS  FOR AND AGAINST POLICE OFFICER MISCONDUCT
   CONFIDENTIALITY LAWS        .................................... .....113
   A. Overview of Confidentiality Legislation    .....................  .....114
   B. The Argument for Confidentiality     ...............................115
   C. Countervailing Public Interest: Transparency and Accountability.............117
       1. Accountable and Transparent Decision-making ........................118
       2. Trust and Community Relations     .............. ...............119
II. THE DEVELOPMENT OF POLICE UNIONS IN THE 1960S AND 70s .......       .....120
   A. The Call for Police Reform Triggered the Growth of Unions....................121
   B. Police Union Backlash        .............................................123
       1. Police Resistance to Civilian Review Boards ...........................124
       2. Police Union Support of the Police Officer Bill of Rights..................125
III. POLICE UNIONS AND THE DEVELOPMENT OF POLICE OFFICER PRIVACY
   RIGHTS        ........................................ ....... ....... 126
   A. California Case Study ........................................126
       1. Development of Pitchess Laws      ..................................126
       2. Legislative History of the Pitchess Law......................129
   B. New  York Case Study          ........................................131
       1. Development of Section 50-a....................            ...........131
       2. Legislative History of Section 50-a..........................133




    * J.D. Candidate, Stanford Law School, 2017. Thank you to Professor Ron C. Tyler,
Suzanne A. Luban, Clinical Supervising Attorney at the Stanford Criminal Defense Clinic,
and Professor David A. Sklansky for helpful conversations that shaped the substance of this
Note. Many thanks as well to editors of the Stanford Law & Policy Review, particularly
Brian Castelloe and Louis Liao, for their careful editing, as well as Charlie Johnson, Beth
LeBow, and Anna Porto-the best editors that friendship can buy.


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