Policing in a Changing Constitutional Order

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Publisher :
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Policing in a Changing Constitutional Order by : Neil Walker

Download or read book Policing in a Changing Constitutional Order written by Neil Walker and published by . This book was released on 2000 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the changes that have taken place in police powers, discusses how the police are viewed under the constitution, and how this has influenced their actions and reputation.

Policing the Open Road

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Publisher : Harvard University Press
ISBN 13 : 0674980867
Total Pages : 353 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Policing the Open Road by : Sarah A. Seo

Download or read book Policing the Open Road written by Sarah A. Seo and published by Harvard University Press. This book was released on 2019-04-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Smithsonian Best History Book of the Year Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the Sidney M. Edelstein Prize Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize “From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked.” —Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court’s due process revolution and argues that the Supreme Court’s efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation’s commitment to equal protection before the law. “With insights ranging from the joy of the open road to the indignities—and worse—of ‘driving while black,’ Sarah Seo makes the case that the ‘law of the car’ has eroded our rights to privacy and equal justice...Absorbing and so essential.” —Paul Butler, author of Chokehold “A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity.” —Hua Hsu, New Yorker

Proactive Policing

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Publisher : National Academies Press
ISBN 13 : 0309467136
Total Pages : 409 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis Proactive Policing by : National Academies of Sciences, Engineering, and Medicine

Download or read book Proactive Policing written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-03-23 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.

Legal Guide for Police

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Publisher :
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Legal Guide for Police by : John C. Klotter

Download or read book Legal Guide for Police written by John C. Klotter and published by . This book was released on 1989 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: New areas covered by the latest edition of this work include liability for failure to follow guidelines and limitations on police power. Among the topics discussed are detention without probable cause, arrest with and without a warrant, rules for questioning a subject, use of force in making arrests, search and seizure with and without a warrant and pre-trial identification guidelines.

Vagrant Nation

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Publisher : Oxford University Press
ISBN 13 : 0199768447
Total Pages : 481 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Vagrant Nation by : Risa Lauren Goluboff

Download or read book Vagrant Nation written by Risa Lauren Goluboff and published by Oxford University Press. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--

Legal Guide for Police

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Publisher : Routledge
ISBN 13 : 1437755895
Total Pages : 258 pages
Book Rating : 4.4/5 (377 download)

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Book Synopsis Legal Guide for Police by : Jeffery T. Walker

Download or read book Legal Guide for Police written by Jeffery T. Walker and published by Routledge. This book was released on 2010-11-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's law enforcement officers, who are required to be highly knowledgeable about the law, will find this guide to be a valuable tool that brings them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers, and agencies. Appendix contains the Bill of Rights and the Fourteenth Amendment. Table of cases lists every case referenced in the text.

The Law of the Police

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Publisher : Aspen Publishing
ISBN 13 : 1543823300
Total Pages : 944 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis The Law of the Police by : Rachel Harmon

Download or read book The Law of the Police written by Rachel Harmon and published by Aspen Publishing. This book was released on 2021-01-31 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book provides materials and analysis for law school classes on policing and the law. It offers a resource for students and others seeking to understand and evaluate how American law governs police interactions with the public. The book provides primary materials, including cases, statutes, and departmental policies, and commentary and questions designed to help readers explore policing practices; the law that governs them; and the law’s consequences for the costs, benefits, fairness, and accountability of policing. Among other issues, the notes and questions encourage readers to consider the form and content of the law; how it might change; who is making it; and how the law affects policing. Part I introduces local policing—its history, its goals, and its problems; Part II considers the law that regulates criminal investigations; Part III addresses the law that governs street policing; and Part IV looks at policing’s legal remedies and reforms. Professors and students will benefit from: Chapters and notes designed to allow flexibility—allow professors to assign materials selectively according to the needs of the course. As a result, the casebook can serve as materials for a range of lecture and discussion-based courses on the law regulating police conduct; on legal remedies and reforms for problems in policing; or on more specific topics, such as the use of force or constitutional rules governing police conduct. Descriptions of controversial policing encounters and links to and discussion of videos of such incidents—help students practice applying the law, consider its policy implications, and gain awareness of contemporary controversies on policing. Diverse primary materials, including federal and state cases and statutes and police department policies—provide a broad exposure to the types of law that govern public policing. Photos, links to videos, protest art, and charts—pique student interest, enable richer discussions, and provide additional context for legal materials in the book. Integration of scholarly work on policing, on the law, and on the impact of police practices—enables students to make more sophisticated assessments of the law. Notes and questions—designed to (a) highlight alternative strategies lawyers might use to change the law, and (b) raise comparative institutional questions about who is best suited to regulate the police. Discussion of legal topics relevant to contemporary discussions of policing—studied nowhere else in the law school curriculum.

DETERRING UNCONSTITUTIONAL POLICING

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Publisher :
ISBN 13 : 9781662908026
Total Pages : 298 pages
Book Rating : 4.9/5 (8 download)

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Book Synopsis DETERRING UNCONSTITUTIONAL POLICING by : Thomas J. Martinelli

Download or read book DETERRING UNCONSTITUTIONAL POLICING written by Thomas J. Martinelli and published by . This book was released on 2021-05-26 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: As punctuated through recent events, societal perceptions are that American policing continues to fail in its mission, to protect and preserve. Whether because of institutionalized prejudices that emphasize an "us versus them" mentality, reinforced through warrior training tactics, or poor recruiting, training, leadership and discipline, or a combination of these factors, the police profession continues to be challenged in its mission to deliver police services to the very citizens they swore to serve. The challenge now is to recognize the profession's shortcomings regarding indifference, negligence, intentional acts and their cover-ups and the costs associated with such unconstitutional policing tactics. We must all learn from them, police and citizens alike, to better police service and citizen expectations. These are preventable, compensable acts of liability that are the direct result of inadequate legal training, poor supervision, dysfunctional police organizations and occupational prejudices against the disenfranchised, the marginalized and the less fortunate. The profession must focus on comprehensively training the next generation of officers regarding these breaches of duty that dilute the public's trust in their law enforcement. As well, civic leaders and citizens must appreciate what and how costly unconstitutional police acts are and hold their agencies accountable for such malpractice. Such acts taint the profession, tarnish the public's perceptions, cost taxpayers exponentially in jury awards and settlements and deplete a department's morale. Noble integrity is a training concept that defines and refines the balance between the constitutional limitations of badge authority with the guardian/warrior mindset, demonstrated through an oath-based training approach. It exemplifies the Intelligence Led Policing philosophies of self-policing, Unit policing, whisteblowing, audits and purges and hierarchical accountability. By referencing U.S. Supreme Court cases the reader is better educated in the nuances and standards of constitutional police procedures, coupled with police malpractice incidents that have cost officers their jobs, department's the public's trust and municipalities in crippling legal fees. "Doing the noble thing" must be the standard and mantra for 21st century policing to begin the police-community healing. But it is the police profession that must begin this healing process in changing its officers' mindset. The challenge today is enlightening, thus empowering, all students of policing as to the legal and ethical standards our police officers must be held to in order to improve police-community relations and reduce municipal civil liability. This includes, but is not limited to discussions regarding Constitutional Law, Qualified Immunity, De-escalation measures, Violations of the Oath of Office, the temptations of the profession and national de-certification indexes. Quality of character matters in all facets of policing and is a defense to allegations of police malpractice and breaches of the oath.

Policing Change, Changing Police

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Publisher : Routledge
ISBN 13 : 1317945832
Total Pages : 366 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Policing Change, Changing Police by : Otwin Marenin

Download or read book Policing Change, Changing Police written by Otwin Marenin and published by Routledge. This book was released on 2018-10-24 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1996. In keeping with the other volumes in the Current Issues in Criminal justice series, this anthology is a prime example of joining readability and scholarship. Editor Otwin Marenin has thoughtfully commissioned and compiled an excellent group of essays on the role of police in changing societies by a very knowledgeable group of scholars. Moreover, Marenin has added substantially to the collection through his own insightful contributions.

Policy Change, Courts, and the Canadian Constitution

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Publisher : University of Toronto Press
ISBN 13 : 1487523157
Total Pages : 461 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Policy Change, Courts, and the Canadian Constitution by : Emmett Macfarlane

Download or read book Policy Change, Courts, and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Our Constitutional Constraints: Policing

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Publisher :
ISBN 13 : 9781717783752
Total Pages : 701 pages
Book Rating : 4.7/5 (837 download)

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Book Synopsis Our Constitutional Constraints: Policing by : Stephen Henderson

Download or read book Our Constitutional Constraints: Policing written by Stephen Henderson and published by . This book was released on 2018-07-18 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the police--what they can and cannot do in the investigation of crime. There are many sources of such rules, from constitutions to laws to internal regulations to officer norms, but we will study only the top of that pyramid: the restrictions of our federal Constitution. In particular, we will study the Fourth Amendment's protection against unreasonable search and seizure, some of the Fifth Amendment's guarantee of due process and privilege against compulsory self-incrimination, and a bit about the Sixth Amendment's right to counsel. Together, this is much of the constitutional law that prevents our living in a police state: anti-accuracy norms enshrined in our Constitution to protect our liberty, our humanity, and our dignity.This book is therefore also about the people--We the People--and what rights we can expect, and what rights we should expect, even as against those who are--or should be--seeking to keep us safe.

You Have the Right

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Publisher :
ISBN 13 : 9780692734216
Total Pages : pages
Book Rating : 4.7/5 (342 download)

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Book Synopsis You Have the Right by : Laura Coates

Download or read book You Have the Right written by Laura Coates and published by . This book was released on 2016-01-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: You have rights. Know them. Use them. Is it legal to record the police? When do police have the right to search your person, home, or car? Do you have the right to walk away when stopped by the police? Knowing the answers to these questions will help protect you and the officer. Laura Coates, former federal prosecutor and Civil Rights attorney, breaks it all down.

Changing Policing Theories for 21st Century Societies

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Publisher :
ISBN 13 : 9781862878273
Total Pages : 371 pages
Book Rating : 4.8/5 (782 download)

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Book Synopsis Changing Policing Theories for 21st Century Societies by : Charles Edwards

Download or read book Changing Policing Theories for 21st Century Societies written by Charles Edwards and published by . This book was released on 2011 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thoroughly revised edition of the book previously published in 1999 and 2005, and discusses the history and philosophy of policing. It is also a comparative study of the practice of policing in Australia, Britain and U.S.A.The first part of the book shows that the divergent histories and constitutional and cultural differences of the three nations affect the styles of policing in each country.The second part discusses society and crime in the 21st century, analysing crime and disorder on the streets, problems involved in street policing, and the effect of new technology, for example CCTV, as a crime-fighting tool, and the pervasive involvement of drugs and alcohol in crime, particularly street crime.The third part of the book discusses the accountability of police in all aspects, in particular the accountability of police organisations to the government, the accountability of senior officers to the public and the accountability of individual police officers to the persons with whom they come into contact.The fourth part of the book is wholly new. It examines the changing relationship between police and the state, in particular with regard to policing terrorism, and changes in the nature of crime, brought about by the use of communication technology and the difficulties of prosecuting cases where Internet crime transcends jurisdictional boundaries. The final chapter looks ahead to 2029, the bicentenary of the establishment of first modern police force in London, and offers some thoughts on the future directions of policing.

The Oxford Handbook of Police and Policing

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Publisher : Oxford University Press
ISBN 13 : 0199843899
Total Pages : 697 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Oxford Handbook of Police and Policing by : Michael D. Reisig

Download or read book The Oxford Handbook of Police and Policing written by Michael D. Reisig and published by Oxford University Press. This book was released on 2014-03-31 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood. The Oxford Handbook of Police and Policing brings together research on the development and operation of policing in the United States and elsewhere. Accomplished policing researchers Michael D. Reisig and Robert J. Kane have assembled a cast of renowned scholars to provide an authoritative and comprehensive overview of the institution of policing. The different sections of the Handbook explore policing contexts, strategies, authority, and issues relating to race and ethnicity. The Handbook also includes reviews of the research methodologies used by policing scholars and considerations of the factors that will ultimately shape the future of policing, thus providing persuasive insights into why and how policing has developed, what it is today, and what to expect in the future. Aimed at a wide audience of scholars and students in criminology and criminal justice, as well as police professionals, the Handbook serves as the definitive resource for information on this important institution.

Unwarranted

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374710902
Total Pages : 449 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Unwarranted by : Barry Friedman

Download or read book Unwarranted written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2017-02-21 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: “At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.

The Collapse of Constitutional Remedies

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Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Unreasonable

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Publisher : The New Press
ISBN 13 : 1620974258
Total Pages : 295 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Unreasonable by : Devon W. Carbado

Download or read book Unreasonable written by Devon W. Carbado and published by The New Press. This book was released on 2022-04-05 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s decision to treat unreasonable policing as reasonable under the Fourth Amendment has shortened the distance between life and death for Black people The summer of 2020 will be remembered as an unprecedented, watershed moment in the struggle for racial equality. Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a groundbreaking investigation of the role that the law—and the U.S. Constitution—play in the epidemic of police violence against Black people. In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct—more important than Miranda warnings, the right to counsel, equal protection and due process. Fourth Amendment law determines when and how the police can make arrests, and it determines the precarious line between stopping Black people and killing Black people. A leading light in the critical race studies movement, Carbado looks at how that text, in the last four decades, has been interpreted by the Supreme Court to protect police officers, not African Americans; how it sanctions search and seizure as well as profiling; and how it has become, ultimately, an amendment of life and death. Accessible, radical, and essential reading, Unreasonable sheds light on a rarely understood dimension of today’s most pressing issue.