Presumed Guilty How The Supreme Court Empowered The Police And Subverted Civil Rights
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Presumed Guilty How The Supreme Court Empowered The Police And Subverted Civil Rights
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Author : Erwin Chemerinsky
language : en
Publisher: Liveright Publishing
Release Date : 2021-08-24
Presumed Guilty How The Supreme Court Empowered The Police And Subverted Civil Rights written by Erwin Chemerinsky and has been published by Liveright Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-24 with Law categories.
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.
Presumed Guilty
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Author : Erwin Chemerinsky
language : en
Publisher: National Geographic Books
Release Date : 2022-08-09
Presumed Guilty written by Erwin Chemerinsky and has been published by National Geographic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-09 with Law categories.
New York Times Book Review • Editors’ Choice 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.
Final Freedom
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Author : Michael Vorenberg
language : en
Publisher: Cambridge University Press
Release Date : 2001-05-21
Final Freedom written by Michael Vorenberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-21 with History categories.
This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.
The Case Against The Supreme Court
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Author : Erwin Chemerinsky
language : en
Publisher: Penguin
Release Date : 2014-09-25
The Case Against The Supreme Court written by Erwin Chemerinsky and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-25 with Political Science categories.
A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country’s leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.
Punishment Without Trial
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Author : Carissa Byrne Hessick
language : en
Publisher: Abrams
Release Date : 2021-10-12
Punishment Without Trial written by Carissa Byrne Hessick and has been published by Abrams this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-12 with Law categories.
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
The Republic Of Violence
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Author : J.D. Dickey
language : en
Publisher: Simon and Schuster
Release Date : 2022-03-01
The Republic Of Violence written by J.D. Dickey and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-01 with History categories.
A New York Times bestselling author reveals the story of a nearly forgotten moment in American history, when mass violence was not an aberration, but a regular activity—and nearly extinguished the Abolition movement. The 1830s were the most violent time in American history outside of war. Men battled each other in the streets in ethnic and religious conflicts, gangs of party henchmen rioted at the ballot box, and assault and murder were common enough as to seem unremarkable. The president who presided over the era, Andrew Jackson, was himself a duelist and carried lead in his body from previous gunfights. It all made for such a volatile atmosphere that a young Abraham Lincoln said “outrages committed by mobs form the every-day news of the times.” The principal targets of mob violence were abolitionists and black citizens, who had begun to question the foundation of the U.S. economy — chattel slavery — and demand an end to it. Led by figures like William Lloyd Garrison and James Forten, the anti-slavery movement grew from a small band of committed activists to a growing social force that attracted new followers in the hundreds, and enemies in the thousands. Even in the North, abolitionists faced almost unimaginable hatred, with newspaper publishers, businessmen with a stake in the slave trade, and politicians of all stripes demanding they be suppressed, silenced or even executed. Carrying bricks and torches, guns and knives, mobs created pandemonium, and forced the abolition movement to answer key questions as it began to grow: Could nonviolence work in the face of arson and attempted murder? Could its leaders stick together long enough to build a movement with staying power, or would they turn on each other first? And could it survive to last through the decade, and inspire a new generation of activists to fight for the cause? J.D. Dickey reveals the stories of these Black and white men and women persevered against such threats to demand that all citizens be given the chance for freedom and liberty embodied in the Declaration of Independence. Their sacrifices and strategies would set a precedent for the social movements to follow, and lead the nation toward war and emancipation, in the most turbulent era of our republic of violence.
Judicial Policy Making And The Modern State
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Author : Malcolm M. Feeley
language : en
Publisher: Cambridge University Press
Release Date : 2000-03-28
Judicial Policy Making And The Modern State written by Malcolm M. Feeley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-28 with Law categories.
Investigates the role of federal judges in prison reform, and policy making in general.
We The People
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Author : Erwin Chemerinsky
language : en
Publisher: Macmillan + ORM
Release Date : 2018-11-13
We The People written by Erwin Chemerinsky and has been published by Macmillan + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-13 with Law categories.
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
The Religion Clauses
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Author : Erwin Chemerinsky
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
The Religion Clauses written by Erwin Chemerinsky and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Closing The Courthouse Door
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Author : Erwin Chemerinsky
language : en
Publisher: Yale University Press
Release Date : 2017-01-10
Closing The Courthouse Door written by Erwin Chemerinsky and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-10 with Law categories.
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.