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Presumed guilty : how the Supreme Court empowered the police and subverted civil rights  Cover Image Book Book

Presumed guilty : how the Supreme Court empowered the police and subverted civil rights / Erwin Chemerinsky.

Chemerinsky, Erwin, (author.).

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.

Record details

  • ISBN: 9781631496516
  • ISBN: 1631496514
  • Physical Description: xiii, 362 pages : illustrations ; 25 cm
  • Edition: First edition.
  • Publisher: New York : Liveright Publishing Corporation, [2021]

Content descriptions

Bibliography, etc. Note:
Includes bibliographical references and index.
Formatted Contents Note:
"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 -- The Court and policing before 1953 -- Why the Court ignored policing for much of American history -- Judicial silence on Constitutional protections and remedies before 1953 -- 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 -- "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 -- 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 -- Overcoming the Supreme Court to reform policing -- The path to meaningful police reform.
Subject: United States. Supreme Court.
Police misconduct > Law and legislation > United States.
Police brutality > United States > Prevention.
Police power > United States.
Tort liability of police > United States.
Discrimination in justice administration > United States.
Race discrimination > Law and legislation > United States.
Civil rights > United States.
African Americans > Civil rights.
United States.

Available copies

  • 6 of 6 copies available at Missouri Evergreen. (Show)
  • 1 of 1 copy available at Camden County Library.

Holds

  • 0 current holds with 6 total copies.
Show Only Available Copies
Location Call Number / Copy Notes Barcode Shelving Location Status Due Date
Camden County Library District - Osage Beach 344.7305 Chemerinsky (Text) 31320003817884 Adult Nonfiction Available -

Syndetic Solutions - Table of Contents for ISBN Number 9781631496516
Presumed Guilty : How the Supreme Court Empowered the Police and Subverted Civil Rights
Presumed Guilty : How the Supreme Court Empowered the Police and Subverted Civil Rights
by Chemerinsky, Erwin
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Table of Contents

Presumed Guilty : How the Supreme Court Empowered the Police and Subverted Civil Rights

SectionSection DescriptionPage Number
Prefacep. xi
Part IThe Supreme Court, Race, and Policing
1    "I Can't Breathe": Why Courts Can't Stop Police from Using Chokeholdsp. 3
2    Confronting the Realities of Race and Policingp. 17
3    The Supreme Court's Essential Role in Enforcing the Constitution and Controlling Policep. 23
Part IIA Minimal Judicial Role: The Court and Policing Before 1953
4    Why the Supreme Court Ignored Policing for Much of American Historyp. 39
5    Judicial Silence on Constitutional Protections and Remedies Before 1953p. 59
Part IIIThe Warren Court: Finally Enforcing Constitutional Protections and Remedies
6    "Each Era Finds an Improvement in Law for the Benefit of Mankind": Applying the Bill of Rights to State and Local Policep. 83
7    Both Limiting and Empowering Police: The Warren Court and the Fourth Amendmentp. 101
8    Miranda: Trying to Solve the Problem of Coercion in Police Interrogationsp. 117
9    Protecting the Innocent from Wrongful Convictions: Safeguards Against False Eyewitness Identificationsp. 125
10    Rights Need Remediesp. 131
Part IVRetrenchment: The Burger Court Limits Constitutional Rights
11    "Only the Guilty Have Something to Hide": Undermining Fourth Amendment Protectionsp. 141
12    Hollowing Out Mirandap. 168
13    Refusing to Check Police Eyewitness Identification Proceduresp. 174
14    Eroding Remedies for Police Misconductp. 184
Part VEmpowering Police: The Rehnquist and Roberts Courts
15    The Police Can Stop Anyone, at Any Time, and Search Themp. 209
16    You Don't Really Have the Right to Remain Silentp. 231
17    Ignoring the Problem of False Eyewitness Identificationsp. 239
18    The Vanishing Remedies for Police Misconductp. 243
Part VIIt Can Be Done: Overcoming the Supreme Court to Reform Policing
19    The Path to Meaningful Police Reformp. 275
Acknowledgmentsp. 309
Notesp. 311
Indexp. 345

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