[PDF] Police Prosecutors Courts And The Constitution eBook
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This book delves into a multitude of practices that, although deemed “lawful” by courts, are undeniably “awful” and unethical. From police officers employing deceit to extract confessions or consent to search, to prosecutors manipulating innocent individuals to relinquish their rights and plead guilty, to excessive force by law enforcement, these practices erode public trust in the criminal legal system and deny justice to those affected. With a critical examination of these deeply flawed tactics, this volume goes beneath the surface to explore their profound impact on the ethical standards and emotional health of justice system practitioners. It forcefully argues for a reclaiming of The Social Contract and for peace officers and prosecutors to unequivocally reject these unethical methods and recognize the urgent need for a criminal justice system that truly embodies ethics and fairness. This work equips police officers, prosecutors, judges, and legislators with invaluable research, enabling them to actively advocate for a transformed system that ethically serves justice for all in the post-George Floyd era.
Author : United States. Department of Justice Publisher : Page : pages File Size : 23,21 MB Release : 1988 Category : Justice, Administration of ISBN :
The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
The Criminal Justice System: An Introduction, Fifth Edition incorporates the latest developments in the field while retaining the basic organization of previous editions which made this textbook so popular. Exploring the police, prosecutors, courts, and corrections, including probation and parole, the book moves chronologically through the differen
Legal Guide for Police, 10th edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing 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. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop a modern understanding of the law. Authors Walker and Hemmens have added introductory and summary chapters to this edition, which aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2013 term of court. Among the important new cases covered are: Bailey v. United States (2013), Berghuis v. Thompkins (2010), Kentucky v. King (2010), Maryland v. King (2013), and Michigan v. Bryant (2011). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Author : Frederick T. Davis Publisher : Cambridge University Press Page : 179 pages File Size : 21,17 MB Release : 2019-07-25 Category : Law ISBN : 1108493203
Provides a comprehensive, readable overview of how criminal justice actually works in the United States, and what makes US procedures distinctive and important.
The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.
Criminal Procedures: Cases, Statutes, and Executive Materials is known for its focus on materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. Taken together, the principal materials highlight procedural variety, focus on real-world topics, provide the political context, offer a comparative analysis of different legal approaches, and consider the impact of procedures. The 2024 Supplement covers the most recent decisions of the U.S. Supreme Court as well as newsworthy developments such as policing and bail reform, emerging legal responses to new surveillance technologies, and the backlash to progressive policies. New to the 2024 Edition: ● The 2024 Supplement incorporates all of the criminal procedure rulings of the U.S. Supreme Court since the October 2022 term, whether through reprinting opinions as principal materials or through summary coverage in new notes and practice problems. ● The Supplement includes opinions from high state courts that add texture to the doctrines described in the main volume; in some instances, the state courts interpret their state constitutional provisions more generously than the federal courts interpret the federal constitution. ● The Supplement also spotlights new legislative and enforcement trends, including proposals for limiting police use of force, “defunding” or reforming police departments, emerging legal responses to new surveillance technologies, bail reform (and the backlash generated by bail reform in some places), the declination policies that prosecutors publish and apply, and efforts by state legislatures to restrict the power of local prosecutors to respond to local priorities. ● The 2024 Supplement clearly delineates where the new material should appear in the authors’ three separate casebook versions: Criminal Procedures—The Police, Criminal Procedures—Prosecution and Adjudication, and the combined volume that is available in electronic format.