Ipse Dixit


Michael Arjun Banerjee on No-Trial Execution

Season 1, Ep. 391

In this episode, Michael Arjun Banerjee, a Ph.D. student in Jurisprudence and Social Policy at the University of California, Berkeley, discusses his draft article, "No-Trial Executions: Police Killings, the Eighth Amendment, and Transformative Proceduralism." He begins by explaining that the overwhelming majority of state killings are "no-trial executions," or police killings that occur before a person is arrested. While "post-trial executions" require the rigorous procedure protections mandated by the Eighth Amendment, no-trial executions require only the limited procedural protections provided by the Fourth Amendment. He argues that policing is a form of punishment, so we should view police killings through an Eighth Amendment lens, and require a similarly elevated degree of "transformative procedure," in order to prevent them. You can read a related op-ed by Banerjee here. Banerjee is on Twitter at @MABanerjee.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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