Unwarranted

Policing Without Permission
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 0374710902
Category: Political Science
Page: 448
View: 9590
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“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 Will of the People

How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 9780374532376
Category: Law
Page: 624
View: 3696
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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history’s most contested presidential elections. Yet for all their power, the justices never face election, and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices’ jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman’s pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist Court in 2005—details how the American people came to accept their most controversial institution and, in so doing, shaped the meaning of the Constitution.

When Police Kill


Author: Franklin E. Zimring
Publisher: Harvard University Press
ISBN: 067497218X
Category: Law
Page: 320
View: 1086
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Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police use deadly force. He offers prescriptions for how federal, state, and local governments could reduce killings at minimum cost without risking officers’ lives.

Black Police in America


Author: W. Marvin Dulaney
Publisher: Indiana University Press
ISBN: 9780253210401
Category: Political Science
Page: 193
View: 4041
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Traces the growth, disappearance, and eventual return of an African American presence in police forces, and links developments to changes in Black influence on the political process

Citizens, Cops, and Power

Recognizing the Limits of Community
Author: Steve Herbert
Publisher: University of Chicago Press
ISBN: 0226327353
Category: Social Science
Page: 168
View: 8564
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Politicians, citizens, and police agencies have long embraced community policing, hoping to reduce crime and disorder by strengthening the ties between urban residents and the officers entrusted with their protection. That strategy seems to make sense, but in Citizens, Cops, and Power, Steve Herbert reveals the reasons why it rarely, if ever, works. Drawing on data he collected in diverse Seattle neighborhoods from interviews with residents, observation of police officers, and attendance at community-police meetings, Herbert identifies the many obstacles that make effective collaboration between city dwellers and the police so unlikely to succeed. At the same time, he shows that residents’ pragmatic ideas about the role of community differ dramatically from those held by social theorists. Surprising and provocative, Citizens, Cops, and Power provides a critical perspective not only on the future of community policing, but on the nature of state-society relations as well.

The Fourth Amendment in an Age of Surveillance


Author: David Gray
Publisher: Cambridge University Press
ISBN: 1107133238
Category: Law
Page: 304
View: 5307
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This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.

American Spies

Modern Surveillance, Why You Should Care, and What to Do About It
Author: Jennifer Stisa Granick
Publisher: Cambridge University Press
ISBN: 1107103231
Category: Law
Page: 344
View: 8083
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American Spies is an entertaining, accessible, and sophisticated exposition of the existing laws and technologies that enable massive modern surveillance.

The Rise of Big Data Policing

Surveillance, Race, and the Future of Law Enforcement
Author: Andrew Guthrie Ferguson
Publisher: NYU Press
ISBN: 1479892823
Category: Law
Page: 272
View: 2371
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The consequences of big data and algorithm-driven policing and its impact on law enforcement In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence. This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool. Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias. But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections. In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime. The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens.

Flipped Classrooms for Legal Education


Author: Lutz-Christian Wolff,Jenny Chan
Publisher: Springer
ISBN: 981100479X
Category: Law
Page: 140
View: 9246
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This book discusses comprehensively the use of Flipped Classrooms in the context of legal education. The Flipped Classroom model implies that lecture modules are delivered online to provide more time for in-class interactivity. This book analyses the pedagogical viability, costs and other resource-related implications, technical aspects as well as the production and online distribution of Flipped Classrooms. It compares the Flipped Classroom concept with traditional law teaching methods and details its advantages and limitations. The findings are tested by way of a case study which serves as the basis for the development of comprehensive guidelines for the concept’s practical implementation. As Flipped Classrooms have become a very hot topic across disciplines in recent years, this book offers a unique resource for law teachers, law school managers as well as researchers in the field of legal education. It is a must-have for anyone interested in innovative law teaching methodologies.

Police Accountability

The Role of Citizen Oversight
Author: Samuel Walker
Publisher: Wadsworth Publishing Company
ISBN: 9780534581589
Category: Political Science
Page: 205
View: 785
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This text presents information on police misconduct and the demand of police accountability. It looks at the role of citizen oversight of the police, examines the spread of oversight agencies in the United States, and evaluates the overall effectiveness of citizen oversight.

Free Market Criminal Justice

How Democracy and Laissez Faire Undermine the Rule of Law
Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190457872
Category: Criminal justice, Administration of
Page: 320
View: 7497
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Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not only in the economic realm but also in key parts of its criminal justice systems. From charging decisions through trials or guilty pleas and appeals, legal safeguards against bias, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than on enforceable rules and duties. Prosecutorial discretion is checked not by legal standards but by popular elections, and plea bargaining law is wholly built on a faith in unregulated markets-in contrast to the systems in other common law countries that also have neoliberal economies, adversarial process, and high guilty plea rates. This book argues that democratic and market ideas have led to more partisan prosecutors, narrower duties of evidence disclosure, and to a right to defense counsel that carefully accommodates preexisting wealth inequalities. Most important, democratic and market values have diminished the responsibility of judges-and of the state itself-for the accuracy and integrity of court judgments. Paradoxically, skepticism of government has expanded state power, reduced checks on executive officials, marginalized juries, and contributed to record incarceration rates. In contrast to recent arguments for re-invigorating democracy in criminal process, Free Market Criminal Justice argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.

Inside Ferguson

A Voice for the Voiceless
Author: Devin S James
Publisher: N.A
ISBN: 9780996648806
Category:
Page: 276
View: 9144
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The world watched as the small town of Ferguson, Missouri was torn apart by racism. When protests started after the fatal police shooting of Michael Brown, Ferguson's City Council called on communications expert, Devin James, for help. St. Louis County leadership thought his background made him perfect for the task. Devin had to overcome insurmountable odds. He was abused as a child, joined a gang, was shot during a robbery at his job, and got a taste of institutional racism and bias at 22 years-old when he was convicted for killing a man during a home invasion - something conservatives call "Stand Your Ground." Inside Ferguson is a chilling account of the hypocrisies of Ferguson's leadership - and the consequences Devin suffered when he dared to become a voice for the voiceless. It will make you question the progress America has made in the quest for racial equality, and reflect upon the true meaning of Black Lives Matter. "It is my hope that after reading this book, a greater sensitivity will emerge regarding Black people..." -Rita Heard Days, Former Missouri State Senator "A remarkable, disturbing and brutally honest story about modern day racism and one man's attempt to make sense of it all." -Jason Leopold, VICE News "Excellent, the book is a guide for city leaders. I am proud that you have had the tenacity and kept up the fight." -Barbara Cooper, Tennessee State Representative "Inside Ferguson is so descriptive it takes you through the demoralizing moments that took place..." -Calico Jonez, Rap Artist and Entrepreneur "This book documents the story behind the headlines of how structural white supremacy manipulates and destroys black lives through the agencies of law enforcement, politics, media, and corporations. -Khalid el-Hakim, Black History 101 Mobile Museum

Constitutional Torts and the War on Terror


Author: James E. Pfander
Publisher: Oxford University Press
ISBN: 0190495286
Category:
Page: 288
View: 3434
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Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

Invisible No More

Police Violence Against Black Women and Women of Color
Author: Andrea J. Ritchie
Publisher: Beacon Press
ISBN: 0807088986
Category: POLITICAL SCIENCE
Page: 324
View: 6647
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A timely examination of the ways Black women, Indigenous women, and other women of color are uniquely affected by racial profiling, police brutality, and immigration enforcement. Invisible No More is a timely examination of how Black women, Indigenous women, and women of color experience racial profiling, police brutality, and immigration enforcement. Placing stories of individual women--such as Sandra Bland, Rekia Boyd, Dajerria Becton, Monica Jones, and Mya Hall--in the broader context of the twin epidemics of police violence and mass incarceration, it documents the evolution of movements centering women's experiences of policing and demands a radical rethinking of our visions of safety--and the means we devote to achieving it.

Peculiar Institution


Author: David Garland
Publisher: Harvard University Press
ISBN: 0674058488
Category: History
Page: 432
View: 2198
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Why does the United States, alone among Western democracies, still have the death penalty? It's not a new question, but David Garland provides fresh answers from a multilayered analysis...The title hints at the most provocative part of Garland's answer. In American history, the "peculiar institution" is slavery. Anyone who thinks its vestiges were wiped out by the Emancipation Proclamation or civil rights laws should read this book and think again.

The War on Cops

How the New Attack on Law and Order Makes Everyone Less Safe
Author: Heather Mac Donald
Publisher: Encounter Books
ISBN: 1594039690
Category: Political Science
Page: 248
View: 6965
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Violent crime has been rising sharply in many American cities after two decades of decline. Homicides jumped nearly 17 percent in 2015 in the largest 50 cities, the biggest one-year increase since 1993. The reason is what Heather Mac Donald first identified nationally as the “Ferguson effect”: Since the 2014 police shooting death of Michael Brown in Ferguson, Missouri, officers have been backing off of proactive policing, and criminals are becoming emboldened. This book expands on Mac Donald’s groundbreaking and controversial reporting on the Ferguson effect and the criminal-justice system. It deconstructs the central narrative of the Black Lives Matter movement: that racist cops are the greatest threat to young black males. On the contrary, it is criminals and gangbangers who are responsible for the high black homicide death rate. The War on Cops exposes the truth about officer use of force and explodes the conceit of “mass incarceration.” A rigorous analysis of data shows that crime, not race, drives police actions and prison rates. The growth of proactive policing in the 1990s, along with lengthened sentences for violent crime, saved thousands of minority lives. In fact, Mac Donald argues, no government agency is more dedicated to the proposition that “black lives matter” than today’s data-driven, accountable police department. Mac Donald gives voice to the many residents of high-crime neighborhoods who want proactive policing. She warns that race-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. This book is a call for a more honest and informed debate about policing, crime, and race.

The Lawyer as Leader

How to Plant People and Grow Justice
Author: Artika R. Tyner
Publisher: Amer Bar Assn
ISBN: 9781627226646
Category: Law
Page: 238
View: 3837
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The Lawyer as Leader: How to Plant People and Grow Justice is an inspiring roadmap designed to help lawyers become effective agents for social change. Based on author Dr. Artika R. Tyner s leadership development and community engagement work, Planting People, Growing Justice, the book shows how attorneys can use their legal skills to work for social change, contribute to communities that foster social justice, and empower and develop new leaders. The Lawyer as Leader is beacon call for lawyers who wish to harness their skills and training to become leaders in the struggle for social and economic justice."

The New Criminal Justice Thinking


Author: Sharon Dolovich,Alexandra Natapoff
Publisher: NYU Press
ISBN: 1479831549
Category: Law
Page: 368
View: 6298
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A vital collection for reforming criminal justice. After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

The Missing American Jury


Author: Suja A. Thomas
Publisher: Cambridge University Press
ISBN: 1107055652
Category: Law
Page: 262
View: 4944
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Explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

Constitutional Morality and the Rise of Quasi-Law


Author: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674968921
Category: Law
Page: 303
View: 1388
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Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.