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.










Unwarranted


Book Description

“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.




Controversies in Policing


Book Description

This book of original essays presents controversial topics, then encourages the readers to consider what they think ought to be done. The selections identify several of the existing issues in policing about which something needs to be done; then, they present various viewpoints on possible solutions. This is done against the backdrop of an era of significant change in worldwide security, post-9/11, that has caused major changes in the manner in which the U.S. conducts its political, social and economic affairs.




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.




Our Constitutional Constraints


Book Description

Suitable for the American law school classroom or self-study, this book is about the police-what they can and cannot do in the investigation of crime. There are many sources of such rules, from constitutions to laws to internal regulations to officer norms, but this teaches only the top of that pyramid: the restrictions of the United States Constitution. In particular, it examines the Fourth Amendment's protection against unreasonable search and seizure, some of the Fifth Amendment's guarantee of due process and privilege against compulsory self-incrimination, and a bit about the Sixth Amendment's right to counsel. Together, this is much of the constitutional law that prevents our living in a police state: anti-accuracy norms enshrined in our Constitution to protect our liberty, our humanity, and our dignity.This book is therefore also about the people-We the People-and what rights we can expect, and what rights we should expect, as against those who are (or should be) seeking to keep us safe.




You Have the Right


Book Description

You have rights. Know them. Use them. Is it legal to record the police? When do police have the right to search your person, home, or car? Do you have the right to walk away when stopped by the police? Knowing the answers to these questions will help protect you and the officer. Laura Coates, former federal prosecutor and Civil Rights attorney, breaks it all down.




Operation of the Exclusionary Rule


Book Description




The Police Power


Book Description