Police, Prosecutors, Courts, and the Constitution
Toward Ending the “Awful but Lawful” Era
Page
%P
-
Chapter
Court-Approved Police Deception in Obtaining Consent to Search
In simple terms, the Fourth Amendment requires that searches and seizures be conducted only with a valid warrant that is based on probable cause unless an exception to the warrant requirement applies. One of t...
-
Chapter
Introduction
This volume confronts the reality that American criminal justice is in the midst of the “awful but lawful” era where unethical and unconstitutional (i.e., awful) behavior by police and prosecutors is rampant a...
-
Chapter
Plea Bargaining: Ascendancy and Improper Prosecutorial Leverage and Deceit
Legislatures and courts have both played a role in magnifying prosecutor power to unfairly leverage guilty pleas from criminal defendants—some of them factually innocent. Legislatures changed the power balance...
-
Book
-
Chapter
The Way Forward: A Conclusion and Call to Action
The American criminal justice system has long been plagued by “awful but lawful” practices in which police, prosecutors, and courts prioritize expediency and conviction rates over justice. This has resulted in...
-
Chapter
The United States Constitution and the Social Contract
This opening chapter sets the stage for the central thesis of this book: appreciating and interpreting the United States Constitution as the agreement—the Social Contract—between the People and their Governmen...
-
Chapter
Fourth Amendment Erosion and Novel Crime-Fighting Technologies
Police, “engaged in the often competitive enterprise of ferreting out crime” (Johnson v. United States (U.S. 1948)), might be readily expected to turn to each new technology to help them catch and prosecute crimi...
-
Chapter
Prosecutors’ Obligations for Post-conviction Integrity and Due Process Review
Prosecutors have swee** power to be procedurally just or to be vindictive and vile. That power, well harnessed and targeted, can be a prime driver in achieving real and lasting criminal justice reform. In th...
-
Chapter
Moral Injury, Compound Officer Trauma, and Officer Mental Health
Moral injury is suffered when a person violates their moral or ethical beliefs and must soldier on. And ethical trauma is felt when a person has dueling obligations to successfully “fight crime” while acting e...
-
Chapter
Court-Approved Police Deception in Interrogations
It can be seductive to come to believe that suspected criminals have forfeited their constitutional rights when first they “practice[d] to deceive” (Scott, 1808). But that is not how rights work, let alone con...
-
Chapter
Police Discriminatory Enforcement and Excessive Force
The Pledge of Allegiance promises that the United States guarantees “liberty and justice for all.” The lintel atop the United States Supreme Court building in Washington DC proclaims “EQUAL JUSTICE UNDER LAW,”...
-
Article
Laura Huey, Renée J. Mitchell, Hina Kalyal and Roger Pegram: Implementing evidence-based research: A how-to guide for police organizations
