Download or read book Above the Law How qualified Immunity Protects Violent Police written by Ben Cohen and published by OR Books. This book was released on 2021-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Above the Law written by Skolnick Fyfe and published by Simon and Schuster. This book was released on 2010-05-11 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The now-famous videotape of the beating of Rodney King precipitated a national outcry against police violence. Skolnick and Fyfe, two of the nation's top experts on law enforcement, use the incident to introduce a revealing historical analysis of such violence and the extent of its survival in law enforcement today.

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by . This book was released on 2020-06-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Qualified immunity is a doctrine aimed at providing government officials (including police officers) a modicum of protection from civil damages liability for actions taken under color of state law. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); McKenney v. Mangino, 873 F.3d 75, 80 (1st Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 1311, 200 L.Ed.2d 475 (2018). This p.10 protection attaches "to all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Conlogue v. Hamilton, 906 F.3d 150, 154 (1st Cir. 2018) (quoting Harlow, 457 U.S. at 818, 102 S.Ct. 2727). The qualified immunity analysis has two facets: "[t]he court must determine whether the defendant violated the plaintiff's constitutional rights" and then must determine "whether the allegedly abridged right was 'clearly established' at the time of the defendant's claimed misconduct." Id. at 155 (quoting McKenney, 873 F.3d at 81). [ . . . ] [The question whether the allegedly abridged right is clearly established] has two facets. First, the plaintiff must "identify either 'controlling authority' or a 'consensus of cases of persuasive authority' sufficient to send a clear signal to a reasonable official that certain conduct falls short of the constitutional norm." Alfano v. Lynch, 847 F.3d 71, 75 (1st Cir. 2017) (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) ). Second, the plaintiff must demonstrate that "an objectively reasonable official in the defendant's position would have known that his conduct violated that rule of law." Id. This latter step is designed to achieve a prophylactic purpose: it affords "some breathing room for a police officer even if he has made a mistake (albeit a reasonable one) about the lawfulness of his conduct." Conlogue, 906 F.3d at 155. Taken together, these steps normally require that, to defeat a police officer's qualified immunity defense, a plaintiff must "identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment." City of Escondido v. Emmons, ___ U.S. ___, 139 S.Ct. 500, 504, 202 L.Ed.2d 455 (2019) (per curiam) (quoting District of Columbia v. Wesby, ___ U.S. ___, 138 S.Ct. 577, 590, 199 L.Ed.2d 453 (2018) ); see Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although such a case need not arise on identical facts, it must be sufficiently analogous to make pellucid to an objectively reasonable officer the unlawfulness of his actions. See City of Escondido, 139 S.Ct. at 504; Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Gray v. Cummings, 917 F. 3d 1 (1st Cir. 2019)

Download or read book The Law of the Police written by Rachel Harmon and published by Aspen Publishing. This book was released on 2024-02-15 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The Law of the Police, Second Edition provides materials and analysis for law school classes on policing and the law. It offers a resource for students and others seeking to understand and evaluate how American law governs police interactions with the public. The book provides primary materials, including cases, statutes, and departmental policies, and commentary and questions designed to help readers explore policing practices; the law that governs them; and the law's consequences for the costs, benefits, fairness, and accountability of policing. Among other issues, the notes and questions encourage readers to consider the form and content of the law; how it might change; who is making it; and how the law affects policing. Part I introduces local policing--its history, its goals, and its problems; Part II considers the law that regulates criminal investigations; Part III addresses the law that governs street policing; and Part IV looks at policing's legal remedies and reforms. New to the Second Edition: New sections and materials on no-knock warrants, facial recognition technology, state regulation of pedestrian stops, alternatives to police-initiated traffic stops, state laws granting arrest authority, retaliatory arrest claims, state qualified immunity reform, private civil settlements for police reform, and community strategies to limit the scope of policing. New notes and materials on the role of prosecutors in shaping police conduct, the Second Amendment, the use of race in policing, policing homelessness, the impact of police unions and collective bargaining, and the Biden Administration's pattern-or-practice suits. A recent federal indictment charging an officer with constitutionally excessive force. Updates to laws and notes to reflect new data, laws, and criminological and legal research. Additional examples of controversial police encounters to illustrate legal issues and concepts. Benefits for instructors and students: Chapters and notes designed to allow flexibility--allow professors to assign materials selectively according to the needs of the course. As a result, the casebook can serve as materials for a range of lecture and discussion-based courses on the law regulating police conduct; on legal remedies and reforms for problems in policing; or on more specific topics, such as the use of force or constitutional rules governing police conduct. Descriptions of controversial policing encounters and links to and discussion of videos of such incidents--help students practice applying the law, consider its policy implications, and gain awareness of contemporary controversies on policing. Diverse primary materials, including federal and state cases and statutes and police department policies--provide a broad exposure to the types of law that govern public policing. Photos, links to videos, protest art, and charts--pique student interest, enable richer discussions, and provide additional context for legal materials in the book. Integration of scholarly work on policing, on the law, and on the impact of police practices--enables students to make more sophisticated assessments of the law. Notes and questions--designed to (a) highlight alternative strategies lawyers might use to change the law, and (b) raise comparative institutional questions about who is best suited to regulate the police. Discussion of legal topics relevant to contemporary discussions of policing--studied nowhere else in the law school curriculum.

Download or read book Presumed Guilty How the Supreme Court Empowered the Police and Subverted Civil Rights written by Erwin Chemerinsky and published by Liveright Publishing. This book was released on 2021-08-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Unreasonable written by Devon W. Carbado and published by The New Press. This book was released on 2022-04-05 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s decision to treat unreasonable policing as reasonable under the Fourth Amendment has shortened the distance between life and death for Black people The summer of 2020 will be remembered as an unprecedented, watershed moment in the struggle for racial equality. Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a groundbreaking investigation of the role that the law—and the U.S. Constitution—play in the epidemic of police violence against Black people. In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct—more important than Miranda warnings, the right to counsel, equal protection and due process. Fourth Amendment law determines when and how the police can make arrests, and it determines the precarious line between stopping Black people and killing Black people. A leading light in the critical race studies movement, Carbado looks at how that text, in the last four decades, has been interpreted by the Supreme Court to protect police officers, not African Americans; how it sanctions search and seizure as well as profiling; and how it has become, ultimately, an amendment of life and death. Accessible, radical, and essential reading, Unreasonable sheds light on a rarely understood dimension of today’s most pressing issue.

Download or read book Above the Law written by Skolnick Fyfe and published by . This book was released on 2017 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Black and the Blue written by Matthew Horace and published by Hachette Books. This book was released on 2018-08-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Longlisted for the PEN/John Kenneth Galbraith Award for Nonfiction "A MUST-READ FOR ANYONE WHO WANTS TO UNDERSTAND THE INTERSECTION OF RACE AND POLICE BRUTALITY IN AMERICA."-CONGRESSMAN JOHN LEWIS During his 28-year career, Matthew Horace rose through the ranks from a police officer working the beat to a federal agent working criminal cases in some of the toughest communities in America to a highly decorated federal law enforcement executive managing high-profile investigations nationwide. Yet it was not until seven years into his service- when Horace found himself face down on the ground with a gun pointed at his head by a white fellow officer-that he fully understood the racism seething within America's police departments. Through gut-wrenching reportage, on-the-ground research, and personal accounts from interviews with police and government officials around the country, Horace presents an insider's examination of archaic police tactics. He dissects some of the nation's most highly publicized police shootings and communities to explain how these systems and tactics have hurt the people they serve, revealing the mistakes that have stoked racist policing, sky-high incarceration rates, and an epidemic of violence. "Horace's authority as an experienced officer, as well as his obvious integrity and courage, provides the book with a gravitas."-THE WASHINGTON POST "The Black and the Blue is an affirmation of the critical need for criminal justice reform, all the more urgent because itcomes from an insider who respects his profession yet is willing to reveal its flaws."-USA TODAY

Download or read book Above the Law written by Ben Cohen and published by . This book was released on 2021-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book American Law Enforcement written by Johannes F. Spreen and published by iUniverse. This book was released on 2004-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how policing has forgotten to serve and protect citizens but emphasizes technology and quick response after a crime has been committed. It has astonishingly simple new ideas about how policing could prevent crime as well as enforce laws. These radical but economical changes in policing would not only result in more respect for police by the public but would lower the crime rate by preventing crime in the first place. This seasoned veteran brings his experience to bear in tantalizing clarity as a master wordsmith. He produces a compelling case for changing even the kind of vehicles that police use today. "Commissioner Johannes Spreen was a police officer extraordinary; a man who helped restructure and develop New York City Police Academy training leading to a college program, a 'West Point' for officers, now John Jay College for Criminal Justice. Johannes Spreen is a man of enthusiasm, indeed a prophet; always ahead of his time and brought his talent to Detroit as Police Commissioner and later Sheriff of Oakland County." --Rudolph P. Blaum, Retired Captain, New York City Police Department, John Jay College, former president American Education Association.

Download or read book The SAGE Encyclopedia of Leadership Studies written by George R. Goethals and published by SAGE Publications. This book was released on 2023-02-14 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leadership Studies is a multi-disciplinary academic exploration of the various aspects of how people get along, and how together they get things done. The fields that contribute to leadership studies include history, political science, psychology, anthropology, sociology, philosophy, literature, and behavioral economics. Leadership Studies is also about the ethical dimensions of human behavior. The discipline considers what leadership has been in the past (the historical view), what leadership actually looks like in the present (principally from the perspectives of the behavioral sciences and political science), and what leadership should be (the ethical perspective). The SAGE Encyclopedia of Leadership Studies will present both key concepts and research illuminating leadership and many of the most important events in human history that reveal the nuances of leadership, good and bad. Entries will include topics such as power, charisma, identity, persuasion, personality, social intelligence, gender, justice, unconscious conceptions of leadership, leader-follower relationships, and moral transformation.

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by Independently Published. This book was released on 2018-09-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss and analyze issues surrounding the doctrine of qualified immunity when used by law enforcement professionals. * * * The doctrine of qualified immunity insulates government officials from lawsuits, shielding them "from undue interference with their duties and from potentially disabling threats of liability." Wright v. City of Philadelphia, 409 F.3d 595, 599 (3d Cir. 2005) (quoting Elder v. Holloway, 510 U.S. 510, 514, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994)). In determining the applicability of qualified immunity, courts examine two prongs. First, whether the facts alleged (in the context of a motion to dismiss or for judgment on the pleadings) or shown (in the context of a motion for summary judgment or a trial) "make out a violation of a constitutional right." Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Second, "whether the right at issue was 'clearly established' at the time of defendants' alleged misconduct." Id. (quoting Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). A right is "clearly established" when its "contours ... [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (quotation marks omitted). Courts need not evaluate the two prongs sequentially, Pearson, 555 U.S. at 236, 129 S.Ct. 808, and the failure of either prong will result in application of qualified immunity, James v. City of Wilkes-Barre, 700 F.3d 675, 679 (3d Cir. 2012). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018). * * * Qualified immunity is an affirmative defense on which the defendant has the burden of proof. See, e.g., Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Rogoz v. City of Hartford, 796 F.3d at 247. "To the extent that a particular finding of fact [i]s essential to an affirmative defense, ... it [i]s incumbent on [the defendant] to request that the [factfinder] be asked the pertinent question." Kerman, 374 F.3d at 120. Outlaw v. City of Hartford, ibid.

Download or read book Rap on Trial written by Erik Nielson and published by The New Press. This book was released on 2019-11-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.

Download or read book Reasonable Use of Force by Police written by David A. May and published by Peter Lang. This book was released on 2008 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not to use force is the most serious decision and one of the most significant interactions law enforcement officers can have with citizens. The decisions made by political and administrative officials when they determine matters of policy, or the decisions made by individual officers in split seconds, may be of life or death importance. The determination of the proper use of force by law enforcement at both administrative and individual levels is crucial for both law enforcement and for the public to maintain order, protect society, enforce just laws, and reasonably respect and protect the rights of civilian citizens. Typically a successful use of force accomplishes an actual seizure within the meaning of the Fourth Amendment, and therefore seizures are examined as Fourth Amendment issues in this book. The most basic and generalizable legal standard for the use of force is «reasonableness», and this book examines the reasonableness of the use of force in a number of situations, both real and hypothetical. Reasonable Use of Force by Police is intended for use in police training, police departments, universities, and by anyone interested in understanding the standards of reasonable use of force by police and other law enforcement officers.

Download or read book Unleashing the Power of Unconditional Respect written by Jack Colwell and published by Taylor & Francis. This book was released on 2010-06-16 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, police officers face challenges ranging from petty annoyances to the risk of death in the line of duty. Coupled with these difficulties is, in some cases, lack of community respect for the officers despite the dangers these men and women confront while protecting the public. Exploring issues of courage, integrity, leadership, and charact

Download or read book Civil Liabilities of New York State Law Enforcement Officers written by Michael D. Ranalli and published by LLP. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this newly updated and revised third edition, materials have been expanded to include additional information about summary judgement in law suits, liability issues related to 911 calls and failures to protect the individual, and a recent case dealing with qualified immunity. Entirely NEW Sections have been added covering the use of Conducted Energy Devices, liability issues pertaining the use of "Swat" teams, and select liability issues in the execution of warrants. Designed to Conform to the NYS Curriculum for Police Training. Question and answer format. Key court decisions are discussed.

Download or read book Legal Guide for Police written by Jeffery T. Walker and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legal Guide for Police: Constitutional Issues, 12th 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 an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to 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 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text"--