Presumed guilty : how the Supreme Court empowered the police and subverted civil rights / Erwin Chemerinsky.
2021
KF5399 .C44 2021 (Mapit)
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Author
Title
Presumed guilty : how the Supreme Court empowered the police and subverted civil rights / Erwin Chemerinsky.
Edition
First edition.
Imprint
New York : Liveright Publishing Corporation, a division of W. W. Norton & Company, [2021]
Copyright
©2021
Description
xiii, 362 pages : illustrations ; 25 cm
Formatted Contents Note
Part I: The Supreme Court, race, and policing
"I Can't Breathe" : why courts can't stop police from using chokeholds
Confronting the realities of race and policing
The Supreme Court's essential role in enforcing the Constitution and controlling police
Part II: A minimal judicial role : the Court and policing before 1953
Why the Supreme Court ignored policing for much of American history
Judicial silence on Constitutional protections and remedies before 1953
Part III: The Warren Court : finally enforcing constitutional protections and remedies
"Each era finds an improvement in law for the benefit of mankind" : applying the Bill of Rights to state and local police
Both limiting and empowering police : the Warren Court and the Fourth Amendment
Miranda : trying to solve the problem of coercion in police interrogations
Protecting the innocent from wrongful convictions : safeguards against false eyewitness identifications
Rights need remedies
Part IV: Retrenchment : the Burger Court limits constitutional rights
"Only the guilty have something to hide" : undermining Fourth Amendment protections
Hollowing out Miranda
Refusing to check police eyewitness identification procedures
Eroding remedies for police misconduct
Part V: Empowering police : the Rehnquist and Roberts Courts
The police can stop anyone, at any time, and search them
You don't really have the right to remain silent
Ignoring the problem of false eyewitness identifications
The vanishing remedies for police misconduct
Part VI: It can be done : overcoming the Supreme Court to reform policing
The path to meaningful police reform.
"I Can't Breathe" : why courts can't stop police from using chokeholds
Confronting the realities of race and policing
The Supreme Court's essential role in enforcing the Constitution and controlling police
Part II: A minimal judicial role : the Court and policing before 1953
Why the Supreme Court ignored policing for much of American history
Judicial silence on Constitutional protections and remedies before 1953
Part III: The Warren Court : finally enforcing constitutional protections and remedies
"Each era finds an improvement in law for the benefit of mankind" : applying the Bill of Rights to state and local police
Both limiting and empowering police : the Warren Court and the Fourth Amendment
Miranda : trying to solve the problem of coercion in police interrogations
Protecting the innocent from wrongful convictions : safeguards against false eyewitness identifications
Rights need remedies
Part IV: Retrenchment : the Burger Court limits constitutional rights
"Only the guilty have something to hide" : undermining Fourth Amendment protections
Hollowing out Miranda
Refusing to check police eyewitness identification procedures
Eroding remedies for police misconduct
Part V: Empowering police : the Rehnquist and Roberts Courts
The police can stop anyone, at any time, and search them
You don't really have the right to remain silent
Ignoring the problem of false eyewitness identifications
The vanishing remedies for police misconduct
Part VI: It can be done : overcoming the Supreme Court to reform policing
The path to meaningful police reform.
Summary
"Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty. Presumed Guilty, like the best-selling The Color of Law, is a "smoking gun" of civil rights research, a troubling history that reveals how the Supreme Court enabled racist policing and sanctioned law enforcement excesses. The fact that police are nine times more likely to kill Black men than other Americans is no accident; it is the result of an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged. Demonstrating how the prodefendant Warren Court was a brief historical aberration, Erwin Chemerinsky shows how this more liberal era ended with Nixon's presidency and the ascendance of conservative justices, whose rulings-like Terry v. Ohio and Los Angeles v. Lyons-have permitted stops and frisks, limited suits to reform police departments, and even abetted the use of chokeholds. Presumed Guilty concludes that an approach to policing that continues to exalt "Dirty Harry" can be transformed only by a robust court system committed to civil rights"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Chemerinsky, Erwin. Presumed guilty.
Call Number
KF5399 .C44 2021
Language
English
ISBN
9781631496516 (hardcover)
1631496514 (hardcover)
9781631496523 (epub)
1631496514 (hardcover)
9781631496523 (epub)
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