“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.
As the debate about out-of-control policing heats up, an authority on constitutional law offers a provocative account of how our rights have been eroded 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 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. The courts have let us down entirely. Unwarranted is filled with stories of ordinary people whose lives were sundered by policing gone awry. Driven by technology, policing has changed dramatically from cops seeking out bad guys, to mass surveillance of all of society—backed by an increasingly militarized capability. Friedman captures this new eerie environment in which CCTV, location tracking, and predictive policing has made us all suspects, while proliferating SWAT teams and increased use of force puts everyone at risk. Police play an indispensable role in our society. But left under-regulated by us and unchecked by the courts, our lives, liberties, and property are at peril. Unwarranted is a vital, timely intervention in debates about policing, a call to take responsibility for governing those who govern us.
How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
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 shaped the meaning of the Constitution.
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.
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.
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.
How the New Attack on Law and Order Makes Everyone Less Safe
Author: Heather Mac Donald
Publisher: Encounter Books
Category: Political Science
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.
How Democracy and Laissez Faire Undermine the Rule of Law
Author: Darryl K. Brown
Publisher: Oxford University Press
Category: Criminal justice, Administration of
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.
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
Author: Catherine Y. Kim,Daniel J. Losen,Damon T. Hewitt
Publisher: NYU Press
Examines the relationship between the law and the school-to-prison pipeline, argues that law can be an effective weapon in the struggle to reduce the number of children caught, and discusses the consequences on families and communities.
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.
Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.
This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?
Police Violence Against Black Women and Women of Color
Author: Andrea J. Ritchie
Publisher: Beacon Press
Category: POLITICAL SCIENCE
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.
How the police endanger us and why we need to find an alternative Recent years have seen an explosion of protest against police brutality and repression—most dramatically in Ferguson, Missouri, where longheld grievances erupted in violent demonstrations following the police killing of Michael Brown. Among activists, journalists, and politicians, the conversation about how to respond and improve policing has focused on accountability, diversity, training, and community relations. Unfortunately, these reforms will not produce results, either alone or in combination. The core of the problem must be addressed: the nature of modern policing itself. “Broken windows” practices, the militarization of law enforcement, and the dramatic expansion of the police’s role over the last forty years have created a mandate for officers that must be rolled back. This book attempts to spark public discussion by revealing the tainted origins of modern policing as a tool of social control. It shows how the expansion of police authority is inconsistent with community empowerment, social justice—even public safety. Drawing on groundbreaking research from across the world, and covering virtually every area in the increasingly broad range of police work, Alex Vitale demonstrates how law enforcement has come to exacerbate the very problems it is supposed to solve. In contrast, there are places where the robust implementation of policing alternatives—such as legalization, restorative justice, and harm reduction—has led to reductions in crime, spending, and injustice. The best solution to bad policing may be an end to policing.
The last days of colonialism taught America's revolutionaries that soldiers in the streets bring conflict and tyranny. As a result, our country has generally worked to keep the military out of law enforcement. But according to investigative reporter Radley Balko, over the last several decades, America's cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as an other—an enemy. Today's armored-up policemen are a far cry from the constables of early America. The unrest of the 1960s brought about the invention of the SWAT unit—which in turn led to the debut of military tactics in the ranks of police officers. Nixon's War on Drugs, Reagan's War on Poverty, Clinton's COPS program, the post–9/11 security state under Bush and Obama: by degrees, each of these innovations expanded and empowered police forces, always at the expense of civil liberties. And these are just four among a slew of reckless programs. In Rise of the Warrior Cop, Balko shows how politicians' ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative shows how over a generation, a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.
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.
Colonial Charters, Covenants, and Revolutionary State Constitutions, 1578–1780
Author: H. Lowell Brown
Publisher: Rowman & Littlefield
Closer examination of foundational, revolutionary documents, and of the colonial legislation enacted on the basis of those foundational documents, reveals an American tradition of constitutionalism that the Revolutionaries were able to draw upon when fashioning their constitutions for the newly independent states and for the federal government.