Literature Review Template – Obstruction of Justice: Video and Audio Recordings of Police

Officers

Academic Source 1: Journal
Newell, B. C. (2018). Context, visibility, and control: Police work and the contested
objectivity of bystanders. New Media & Society, 21(1).
https://doi.org/10.1177/1461444818786477
This study explores the overall impact of bystander video on police work, one of the
emerging research issues on justice obstruction in the emerging digital world. This study is
unique and novel because it sheds light on how police officers perceive and understand the
effects of bystander video on their role, including arresting suspects. Drawing from evidence
(qualitative data) retrieved from two police departments, Newell (2018) details how officers’
apprehension of transparency, documentation, and objectivity manifests as broader issues within
police work that have been exacerbated by new media platforms and surveillance technologies,
including video recording tools. The outcomes of the study reveal that officers’ main concerns
derive from their perceived incapacity to regulate the context of the information recorded by
bystanders, edited, and released to broad audiences online via popular platforms, including
YouTube. Another source of concern stems from the undesired visibility or accountability that
the sharing of information generates. For my research, this study underscores the increasingly
significant impact of digital tools on police work. It adds a layer of evidence that justifies why
audio and video recordings by witnesses and bystanders must be regulated.
Academic Source 2: Journal

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Blaskovits, B., & Bennell, C. (2019). Exploring the potential impact of body-worn cameras
on memory in officer-involved critical incidents: A literature review. Journal of Police
and Criminal Psychology, 35, 251-262. doi: https://doi.org/10.1007/s11896-019-09354-1
While recording video or audio files or taking pictures of an ongoing interaction between
law enforcement officers and suspects, bystanders/eyewitnesses/public may knowingly or
unknowingly obstruct justice, for example, the arrest of the suspect or the evidence to be used in
the court of law to incriminate the suspect. Often, giving evidence of such interference in a court
of law can be difficult for law enforcement officers without eyewitnesses (which can be
challenging) or body-worn cameras. This study compiles a body of literature that explores the
potential impact of body-worn cameras on officer memory in multiple settings, including critical
incidents involving obstruction of justice, such as bystanders taking videos/audio during an
ongoing interaction with suspects. The researchers emphasize how body-worn cameras can help
officers reconstruct crime scenes and prove in a court of law how stressful situations during their
interactions with suspects and eyewitnesses obstructed their work. For my research, this study
underscores the role of body-worn cameras in recording police interactions, including any
potential interference from onlookers.
Academic Source 2: Journal
Mohler, M., Campbell, C., Henderson, K., & Renauer, B. (2022). Policing in an era of
sousveillance: A randomized controlled trial examining the influence of video footage
on perceptions of legitimacy. Policing and Society, 32(1), 52-70.
https://doi.org/10.1080/10439463.2021.1878169
While recording police interactions with suspects and the public might occasionally
distract or obstruct justice, the First Amendment grants people this right of expression, including

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recording activities in public spaces. Additionally, there is a plethora of evidence that
demonstrates its benefits. This randomized controlled trial (RCT) examines how video footages
impact the public’s perception of police legitimacy. It primarily reports the outcomes of an
experiment investigating how footage of police-citizen interactions uploaded on social media
platforms, such as YouTube and Facebook, might impact civilian perceptions of procedural
justice and legitimacy. By randomly assigning 173 participants pre/post-rest design
questionnaires, the researchers compared perceptual impacts of neutral, negative, and positive
depictions of police-citizen interactions. The outcomes showed that all media footage
significantly impacted legitimacy perceptions; negative content (which was the largest) increased
public distrust of the police while positive content improved legitimacy perceptions. For my
research, these findings provide an in-depth understanding of how social media posts
(video/audio/images) can improve or erode public perceptions of police legitimacy, creating trust
or distrust.
Academic Source 4: Textbook
Hershkoff, H., & Loffredo, S. (2020). Getting by economic rights and legal protections for
people with low income. Oxford University Press.
This book comprehensively covers multiple federal programs and laws that directly impact
the most vulnerable populations in American society – the poor, the underemployed, the
unemployed, and the low-wage employed. It offers a resource of groups and people attempting to
mobilize for economic justice, secure rights of protection, and access benefits. Access to justice
and rights in public places are some of the core topics covered in the book. Recording police
interactions in public places is one of the primary issues the book covers (Hershkoff & Loffredo,
2020, pg. 743). The protection of the right of people to record police interactions with the public,

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as stipulated in the First Amendment, is one of the main issues discussed. For my research, this
book provides critical background knowledge on the federal and statutory laws governing the
recording of police interactions with the public, including the two-party consent status provision
and the right of people to record these interactions.
Academic Source 5: Textbook
Angus, D., Bettinger-Lopez, C., Blakemore, B., Branton, S. E., Collins, C., & Dixon, T.
(2021). The Rowman & Littlefield handbook of policing, communication, and society.
Rowman & Littlefield Publishers.
This book explores how policing intersects with communication in multiple areas, among
others, social media, terrorism and hate crimes, race and ethnicity, cop culture, crowd violence,
and police reforms. By combining theory and research in communication, psychology, and
criminology, the book provides a solid background for identifying and comprehending multiple
issues that impede police-public interactions in modern society. It is an integral and in-depth
assessment of the significant changing role organizational structures, social media, and digital
technology are having on public perceptions about policing and law enforcement. For my
research, the book provides a crucial analysis of how YouTube videos and digital recordings of
law enforcement interactions are shaping police work (such as the arrest of a suspect and their
subsequent prosecution) and the public’s perception, including positively and negatively.
Academic Source 6: Lib Guide
Franklin County Law Library. (n.d.). White collar crime: Federal and Ohio: Obstruction of
justice. Lib Guides. https://fclawlib.libguides.com/whitecollarcrime/obstruction
This library guide provides a detailed definition of “obstruction of justice” and the federal
(US Code) and state (Ohio) laws that underpin the various infractions of obstruction of justice.

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Obstruction of justice is defined ” as interfering with the orderly administration of law and
justice, as by giving false information to or withholding evidence from a police officer or
prosecutor, or by harming or intimidating a witness or juror. Obstruction of justice encompasses
perjury” (Franklin County Law Library, n.d.). US Code 18 USC §§ 1501-1521 is the key federal
policing guiding obstruction of justice include. Others include Codes 18 U.S. Code § 953
(private correspondence with foreign administration or the Logan Act), 18 U.S. Code §§ 1621-
1623 (perjury), 18 U.S. Code § 1001 (false statements), and 18 U.S. Code § 1038 (false
information). For my research, this lib guide offers a solid background for understanding the
federal laws that support and guide obstruction of justice, including digital recordings of police-
public interactions.
Academic Source 7: Ted Talk
Isabella, R. (2019). Social media’s impact on cases of police brutality. TED.
https://www.ted.com/talks/isabella_robinson_social_media_s_impact_on_cases_of_police_b
rutality
In this TED episode, Isabella Robinson discusses the role that social media platforms
(Instagram, YouTube, Facebook, Twitter, and TikTok) can play in reducing the vices that police
officers have perennially been accused of – police brutality and racial profiling. This is a classic
example of how responsible use of digital tools can improve policing by reducing incidences of
police brutality while improving the public’s trust in law enforcement officers. Isabella uses
Michael Brown’s (2014) case to highlight how social media can positively influence social
justice for Black minorities and other oppressed communities in the US.
Academic Source 8: Government Website (NIJ)

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National Institute of Justice. (2022). Research on body-worn cameras and law enforcement.
https://nij.ojp.gov/topics/articles/research-body-worn-cameras-and-law-enforcement
This article by the National Institute of Justice (2022) adds to the growing body of
literature on the role and effectiveness of body-worn cameras in helping law enforcement
officers record their interactions with the public. Wearing body-worn cameras is one potential
strategy that can assist law enforcement officers in reconstructing and remembering violent
interactions with the public. It can also aid in capturing inappropriate behavior during arrests or
interference from the public via video or audio recordings. According to the article, 80% of local
sheriff and police officers acquired body-worn cameras to bolster evidence quality and officer
safety and lower agency liability and civilian complaints.
Academic Source 9: Government Website (DOJ)
US Department of Justice. (2012). Christopher Sharp v. Baltimore City Police Department, et
al. https://www.justice.gov/sites/default/files/crt/legacy/2012/05/17/Sharp_ltr_5-14-
12.pdf
This case highlights the importance of law enforcement officers respecting the public’s
right to record videos and audio in public places, as granted by the First, Fourth, and Fifth
Amendments. The case centers on Mr. Sharp (the complainant/plaintiff who accused officers
from the Baltimore City Police Department of seizing, searching, and deleting information on his
cell phone on May 15, 2010, after recording officers arresting his friend forcibly. The Jury ruled
in favor of Mr. Sharp, citing violation of his rights stated in the 1 st , 4 th , and 5 th Amendments.
Judge Paul W. Grimm directed an injunctive relief that included training of officers on policy
requirements consistent with the Amendments.
Academic Source 10: Government Video (BJA YouTube Video)

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Bureau of Justice Assistance. (19 Aug, 2020). New research on body-worn cameras [Video].
YouTube. https://www.youtube.com/watch?v=em9OwHjY3yY
This presentation by the Bureau of Justice Department (2020) captures the findings of a
pilot study conducted by Arizona State University and the US Department of Justice on the use
of body-worn cameras by the Philadelphia Police Department officers. One of the findings
relates to the ability of body-worn cameras to record police interactions with the public,
including incidences that might amount to obstruction of justice, such as the public recording an
ongoing arrest and, in the process, disrupting police officers from doing their work. For my
research, this video adds more weight to the need to implement body-worn cameras in law
enforcement agencies to improve accountability and evidence collection.

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References

Angus, D., Bettinger-Lopez, C., Blakemore, B., Branton, S. E., Collins, C., & Dixon, T. (2021).
The Rowman & Littlefield handbook of policing, communication, and society. Rowman &
Littlefield Publishers.
Blaskovits, B., & Bennell, C. (2019). Exploring the potential impact of body-worn cameras on
memory in officer-involved critical incidents: A literature review. Journal of Police and
Criminal Psychology, 35, 251-262. doi: https://doi.org/10.1007/s11896-019-09354-1
Bureau of Justice Assistance. (19 Aug, 2020). New research on body-worn cameras [Video].
YouTube. https://www.youtube.com/watch?v=em9OwHjY3yY
Franklin County Law Library. (n.d.). White collar crime: Federal and Ohio: Obstruction of
justice. Lib Guides. https://fclawlib.libguides.com/whitecollarcrime/obstruction
Hershkoff, H., & Loffredo, S. (2020). Getting by economic rights and legal protections for
people with low income. Oxford University Press.
Isabella, R. (2019). Social media’s impact on cases of police brutality. TED.
https://www.ted.com/talks/isabella_robinson_social_media_s_impact_on_cases_of_police_brutal
ity
Mohler, M., Campbell, C., Henderson, K., & Renauer, B. (2022). Policing in an era of
sousveillance: A randomized controlled trial examining the influence of video footage on
perceptions of legitimacy. Policing and Society, 32(1), 52-70.
https://doi.org/10.1080/10439463.2021.1878169
National Institute of Justice. (2022). Research on body-worn cameras and law enforcement.
https://nij.ojp.gov/topics/articles/research-body-worn-cameras-and-law-enforcement

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Newell, B. C. (2018). Context, visibility, and control: Police work and the contested objectivity
of bystanders. New Media & Society, 21(1). https://doi.org/10.1177/1461444818786477
US Department of Justice. (2012). Christopher Sharp v. Baltimore City Police Department, et al.
https://www.justice.gov/sites/default/files/crt/legacy/2012/05/17/Sharp_ltr_5-14-12.pdf