DETERRING UNCONSTITUTIONAL POLICING


Book Description

As punctuated through recent events, societal perceptions are that American policing continues to fail in its mission, to protect and preserve. Whether because of institutionalized prejudices that emphasize an "us versus them" mentality, reinforced through warrior training tactics, or poor recruiting, training, leadership and discipline, or a combination of these factors, the police profession continues to be challenged in its mission to deliver police services to the very citizens they swore to serve. The challenge now is to recognize the profession's shortcomings regarding indifference, negligence, intentional acts and their cover-ups and the costs associated with such unconstitutional policing tactics. We must all learn from them, police and citizens alike, to better police service and citizen expectations. These are preventable, compensable acts of liability that are the direct result of inadequate legal training, poor supervision, dysfunctional police organizations and occupational prejudices against the disenfranchised, the marginalized and the less fortunate. The profession must focus on comprehensively training the next generation of officers regarding these breaches of duty that dilute the public's trust in their law enforcement. As well, civic leaders and citizens must appreciate what and how costly unconstitutional police acts are and hold their agencies accountable for such malpractice. Such acts taint the profession, tarnish the public's perceptions, cost taxpayers exponentially in jury awards and settlements and deplete a department's morale. Noble integrity is a training concept that defines and refines the balance between the constitutional limitations of badge authority with the guardian/warrior mindset, demonstrated through an oath-based training approach. It exemplifies the Intelligence Led Policing philosophies of self-policing, Unit policing, whisteblowing, audits and purges and hierarchical accountability. By referencing U.S. Supreme Court cases the reader is better educated in the nuances and standards of constitutional police procedures, coupled with police malpractice incidents that have cost officers their jobs, department's the public's trust and municipalities in crippling legal fees. "Doing the noble thing" must be the standard and mantra for 21st century policing to begin the police-community healing. But it is the police profession that must begin this healing process in changing its officers' mindset. The challenge today is enlightening, thus empowering, all students of policing as to the legal and ethical standards our police officers must be held to in order to improve police-community relations and reduce municipal civil liability. This includes, but is not limited to discussions regarding Constitutional Law, Qualified Immunity, De-escalation measures, Violations of the Oath of Office, the temptations of the profession and national de-certification indexes. Quality of character matters in all facets of policing and is a defense to allegations of police malpractice and breaches of the oath.




Proactive Policing


Book Description

Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.




The Law of the Police


Book Description

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.




Federal Response to Police Misconduct


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United States Attorneys' Manual


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Discovery and Proof in Police Misconduct Cases


Book Description

Here's the practical guidance you need in police misconduct cases. Presented from the plaintiff's perspective -- but with an eye toward the defense response -- DISCOVERY AND PROOF IN POLICE MISCONDUCT CASES is the first practice-oriented guidebook that gives you practical direction on handling all facets of police misconduct cases filed under Section 1983. You'll be ready to proceed -- and win for your client -- with the helpful insights presented by civil rights attorney Stephen M. Ryals. This new book is packed with powerful sample materials that have been used in actual suits. You get: exemplar pleadings, deposition transcripts, motion for summary judgment, an expert affidavit, discovery forms, and more. No other resource gives you this kind of hands-on guidance -- including sample materials with analyses that help make your case!




Constitutional Law and Liability for Agents, Deputies, and Police Officers


Book Description

This guide is a quick and handy reference for law enforcement officers on how the Constitution, as interpreted through various court decisions, influences their contact with the public. Murrell and Dwyer present a sound framework against which the practice of law enforcement may be measured. The book is not meant to be a complete list of "Do's and Don'ts," because various state laws and local regulations, as well as agency guidelines and procedures, may also have a bearing on the breadth of enforcement authority given to police officers. Therefore, where more restrictive guidelines are in place, the reader is cautioned to make a note of them.