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Law Enforcement Officials Sometimes Controversially Rely on the Practice of… Profiling
Law enforcement, tasked with protecting and serving, sometimes employs tactics that spark intense public debate. This post delves into controversial practices utilized by law enforcement officials, examining their purported benefits, inherent biases, and the ethical and legal ramifications. We'll explore the arguments for and against these practices, aiming to provide a balanced and informative overview of a complex and sensitive issue. Understanding these controversies is crucial for fostering a more just and equitable criminal justice system.
H2: The Controversial Practice of Racial Profiling
One of the most widely debated practices is racial profiling, where individuals are targeted for law enforcement scrutiny based primarily on their race or ethnicity. The argument supporting this practice, often unspoken, centers on the notion that certain demographics are statistically more involved in specific crimes. However, this approach suffers from significant flaws.
#### H3: The Statistical Fallacy of Racial Profiling
The statistical correlations used to justify racial profiling often fail to account for underlying socioeconomic factors and systemic inequalities. Higher crime rates in certain communities might reflect limited access to resources, education, and opportunities, not inherent criminality within a specific racial group. Targeting individuals based on race, rather than on reasonable suspicion or probable cause, directly contradicts the principles of equal protection under the law.
#### H3: The Erosion of Trust and Community Policing
Racial profiling significantly erodes trust between law enforcement and the communities they serve. This distrust can hinder effective policing, as individuals may be less likely to cooperate with investigations or report crimes if they fear discriminatory treatment. It undermines the principles of community policing, which relies on collaborative partnerships between officers and the public.
H2: Stop and Frisk: A Controversial Tool in Law Enforcement
Stop and frisk, a tactic involving brief detentions and pat-downs based on reasonable suspicion, has also faced substantial criticism. While proponents argue that it can deter crime and lead to the recovery of weapons, critics contend that it disproportionately targets minority communities and often results in unlawful searches and seizures.
#### H3: The Reasonable Suspicion Requirement
The effectiveness of stop and frisk hinges on the accurate application of the “reasonable suspicion” standard. This requires law enforcement to have specific, articulable facts that would lead a reasonable person to believe criminal activity is afoot. However, the subjective nature of this standard makes it susceptible to bias, leading to arbitrary stops based on factors like race or appearance rather than objective evidence.
#### H3: The Fourth Amendment and Stop and Frisk
The Fourth Amendment of the U.S. Constitution protects individuals against unreasonable searches and seizures. The application of stop and frisk must strictly adhere to this constitutional protection, requiring a clear and demonstrable basis for suspicion. Numerous court cases have addressed the constitutionality of stop and frisk, highlighting the need for clear guidelines and oversight to prevent abuse.
H2: Predictive Policing: Algorithm Bias and the Future of Law Enforcement
Predictive policing, utilizing data analysis to anticipate crime hotspots and allocate resources, is another controversial practice. While proponents see it as a valuable tool for efficient crime prevention, concerns exist regarding algorithmic bias and its potential to perpetuate existing inequalities.
#### H3: The Risk of Biased Data Sets
The effectiveness of predictive policing depends heavily on the accuracy and fairness of the data sets used to train the algorithms. If these data sets reflect historical biases in policing or societal inequalities, the algorithms will inevitably perpetuate and amplify these biases, leading to disproportionate policing in certain communities.
#### H3: Transparency and Accountability in Predictive Policing
To mitigate the risks associated with predictive policing, transparency and accountability are paramount. The algorithms used should be publicly scrutinized to ensure fairness and prevent discriminatory outcomes. Independent audits and regular assessments of the effectiveness and ethical implications of these tools are essential.
H2: The Importance of Transparency and Accountability
Regardless of the specific practice, transparency and accountability are crucial in maintaining public trust and ensuring the ethical application of law enforcement tactics. Independent oversight bodies, robust internal affairs units, and accessible mechanisms for public complaint are essential for addressing abuses and fostering accountability.
Conclusion
Law enforcement officials sometimes rely on practices that, while potentially beneficial in certain contexts, raise significant ethical and legal concerns. Racial profiling, stop and frisk, and predictive policing, though implemented with the aim of enhancing public safety, can disproportionately impact minority communities and undermine the very principles of justice they are intended to uphold. Addressing these controversies requires a multi-pronged approach, including rigorous training, stricter adherence to constitutional rights, increased transparency, and a commitment to equitable policing practices that foster trust and collaboration between law enforcement and the communities they serve. Only through continuous dialogue and reform can we build a more just and equitable criminal justice system.
FAQs
1. What legal protections exist against racial profiling? Several laws and court precedents prohibit racial profiling, including the Fourth Amendment's protection against unreasonable searches and seizures, and various state and federal statutes. However, proving racial profiling in court can be challenging.
2. How can algorithmic bias in predictive policing be mitigated? Algorithmic bias can be mitigated through careful data curation, rigorous testing for bias, independent audits of algorithms, and the development of more transparent and explainable AI systems.
3. What role does community policing play in addressing these controversies? Community policing, emphasizing collaboration and trust-building between officers and the communities they serve, is crucial in addressing the negative consequences of controversial policing practices.
4. Are there alternative strategies to address crime without resorting to controversial practices? Yes, alternative strategies include investing in community resources, addressing socioeconomic inequalities, focusing on crime prevention through education and community engagement, and improving data collection and analysis to identify underlying causes of crime.
5. What is the impact of these controversial practices on mental health? Experiencing racial profiling, stop and frisk, or other discriminatory policing practices can have profound and lasting negative impacts on mental health, contributing to anxiety, depression, and PTSD.
| law enforcement officials sometimes controversially rely on the practice of: Do Exclusionary Rules Ensure a Fair Trial? Sabine Gless, Thomas Richter, 2019-04-17 This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved. |
| law enforcement officials sometimes controversially rely on the practice of: The Oxford Handbook of Police and Policing Michael D. Reisig, Robert J. Kane, 2014-03-31 The police are perhaps the most visible representation of government. They are charged with what has been characterized as an impossible mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood. The Oxford Handbook of Police and Policing brings together research on the development and operation of policing in the United States and elsewhere. Accomplished policing researchers Michael D. Reisig and Robert J. Kane have assembled a cast of renowned scholars to provide an authoritative and comprehensive overview of the institution of policing. The different sections of the Handbook explore policing contexts, strategies, authority, and issues relating to race and ethnicity. The Handbook also includes reviews of the research methodologies used by policing scholars and considerations of the factors that will ultimately shape the future of policing, thus providing persuasive insights into why and how policing has developed, what it is today, and what to expect in the future. Aimed at a wide audience of scholars and students in criminology and criminal justice, as well as police professionals, the Handbook serves as the definitive resource for information on this important institution. |
| law enforcement officials sometimes controversially rely on the practice of: Guidelines for Applying Protected Area Management Categories Nigel Dudley, 2008 IUCN's Protected Areas Management Categories, which classify protected areas according to their management objectives, are today accepted as the benchmark for defining, recording, and classifying protected areas. They are recognized by international bodies such as the United Nations as well as many national governments. As a result, they are increasingly being incorporated into government legislation. These guidelines provide as much clarity as possible regarding the meaning and application of the Categories. They describe the definition of the Categories and discuss application in particular biomes and management approaches. |
| law enforcement officials sometimes controversially rely on the practice of: Issues in Transnational Policing James Sheptycki, 2002-01-04 Globalisation, the wired planet, the global village, these are a few of the terms associated with the social and political changes that are said to describe the world at the beginning of the new millennium. One of the most important institutions of the social ordering has been that of policing, but very little has been written on how the practices of social control are affected by the processes of transnationalisation. This book brings together contributions by experts on policing that focus on some of the newly emergent policing issues connected with these changes: *the global private security industry *cross national networking between police *the establishment of an international criminal court *money laundering *policing cyberspace *the drug war Issues in Transnational Policing crosses the boundaries between criminology, international relations and international law to provide a thought-provoking picture of the complex issues surrounding the politics of policing in the future. |
| law enforcement officials sometimes controversially rely on the practice of: International Law in Domestic Courts André Nollkaemper, 2018 The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law. |
| law enforcement officials sometimes controversially rely on the practice of: Governmental Illegitimacy in International Law Brad R. Roth, 1999 When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments. |
| law enforcement officials sometimes controversially rely on the practice of: The Kurdish National Movement Gerald P. Lopez, 1992-07-09 |
| law enforcement officials sometimes controversially rely on the practice of: Natural Resources and Violent Conflict Ian Bannon, Paul Collier, 2003-01-01 Research carried out by the World Bank on the root causes of conflict and civil war finds that a developing country's economic dependence on natural resources or other primary commodities is strongly associated with the risk level for violent conflict. This book brings together a collection of reports and case studies that explore what the international community in particular can do to reduce this risk.; The text explains the links between natural resources and conflict and examines the impact of resource dependence on economic performance, governance, secessionist movements and revel financing. It then explores avenues for international action - from financial and resource reporting procedures and policy recommendations to commodity tracking systems and enforcement instruments, including sanctions, certification requirements, aid conditionality, legislative and judicial instruments. |
| law enforcement officials sometimes controversially rely on the practice of: Freedom in the World 2011 Freedom House, 2011-11 Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 194 countries and 14 territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development. |
| law enforcement officials sometimes controversially rely on the practice of: Public Participation in Environmental Assessment and Decision Making National Research Council, Division of Behavioral and Social Sciences and Education, Committee on the Human Dimensions of Global Change, Panel on Public Participation in Environmental Assessment and Decision Making, 2008-11-07 Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions. Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved. This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public. |
| law enforcement officials sometimes controversially rely on the practice of: Policing Across National Boundaries Malcolm Anderson, Monica den Boer, 1994 Ten papers from a European workshop in Limerick, Ireland, Easter 1992, discuss both theoretical and practical challenges to cooperation between police forces in the new integrated Europe. Among the issues addressed are the exchange of intelligence, anti-fraud cooperation, refugees and the external border, data protection, and civil liberties. Distributed in the US by St. Martin's Press. Annotation copyright by Book News, Inc., Portland, OR |
| law enforcement officials sometimes controversially rely on the practice of: Getting to the Rule of Law James E. Fleming, 2011-09-01 The rule of law has been celebrated as “an unqualified human good, yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions. |
| law enforcement officials sometimes controversially rely on the practice of: Freedom in the World 2012 Freedom House, 2012 A survey of the state of human freedom around the world investigates such crucial indicators as the status of civil and political liberties and provides individual country reports. |
| law enforcement officials sometimes controversially rely on the practice of: The Use of Force in UN Peace Operations Trevor Findlay, Stockholm International Peace Research Institute, 2002 One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force. |
| law enforcement officials sometimes controversially rely on the practice of: On the Rule of Law Brian Z. Tamanaha, 2004-11-18 The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good. |
| law enforcement officials sometimes controversially rely on the practice of: Police Use of Force under International Law Stuart Casey-Maslen, Sean Connolly, 2017-08-10 The first detailed description of when and how the police may use force under the international law of law enforcement. |
| law enforcement officials sometimes controversially rely on the practice of: When Police Kill Franklin E. Zimring, 2017-02-20 “A remarkable book.”—Malcolm Gladwell, San Francisco Chronicle Deaths of civilians at the hands of on-duty police are in the national spotlight as never before. How many killings by police occur annually? What circumstances provoke police to shoot to kill? Who dies? The lack of answers to these basic questions points to a crisis in American government that urgently requires the attention of policy experts. When Police Kill is a groundbreaking analysis of the use of lethal force by police in the United States and how its death toll can be reduced. Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force. Of the 1,100 killings by police in the United States in 2015, he shows, 85 percent were fatal shootings and 95 percent of victims were male. The death rates for African Americans and Native Americans are twice their share of the population. Civilian deaths from shootings and other police actions are vastly higher in the United States than in other developed nations, but American police also confront an unusually high risk of fatal assault. Zimring offers policy prescriptions for how federal, state, and local governments can reduce killings by police without risking the lives of officers. Criminal prosecution of police officers involved in killings is rare and only necessary in extreme cases. But clear administrative rules could save hundreds of lives without endangering police officers. “Roughly 1,000 Americans die each year at the hands of the police...The civilian body count does not seem to be declining, even though violent crime generally and the on-duty deaths of police officers are down sharply...Zimring’s most explosive assertion—which leaps out...—is that police leaders don’t care...To paraphrase the French philosopher Joseph de Maistre, every country gets the police it deserves.” —Bill Keller, New York Times “If you think for one second that the issue of cop killings doesn’t go to the heart of the debate about gun violence, think again. Because what Zimring shows is that not only are most fatalities which occur at the hands of police the result of cops using guns, but the number of such deaths each year is undercounted by more than half!...[A] valuable and important book...It needs to be read.” —Mike Weisser, Huffington Post |
| law enforcement officials sometimes controversially rely on the practice of: Thinking Like a Lawyer Frederick F. Schauer, 2009-04-27 This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. |
| law enforcement officials sometimes controversially rely on the practice of: Reconciliation After Violent Conflict David Bloomfield, Terri Barnes, Lucien Huyse, 2003 How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no right answer to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version. |
| law enforcement officials sometimes controversially rely on the practice of: Freedom in the World 2019 Freedom House, 2020-01-25 Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development. |
| law enforcement officials sometimes controversially rely on the practice of: Freedom in the World 2020 Freedom House, 2021-01-22 Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development. |
| law enforcement officials sometimes controversially rely on the practice of: Arresting Citizenship Amy E. Lerman, Vesla M. Weaver, 2014-06-06 The numbers are staggering: One-third of America’s adult population has passed through the criminal justice system and now has a criminal record. Many more were never convicted, but are nonetheless subject to surveillance by the state. Never before has the American government maintained so vast a network of institutions dedicated solely to the control and confinement of its citizens. A provocative assessment of the contemporary carceral state for American democracy, Arresting Citizenship argues that the broad reach of the criminal justice system has fundamentally recast the relation between citizen and state, resulting in a sizable—and growing—group of second-class citizens. From police stops to court cases and incarceration, at each stage of the criminal justice system individuals belonging to this disempowered group come to experience a state-within-a-state that reflects few of the country’s core democratic values. Through scores of interviews, along with analyses of survey data, Amy E. Lerman and Vesla M. Weaver show how this contact with police, courts, and prisons decreases faith in the capacity of American political institutions to respond to citizens’ concerns and diminishes the sense of full and equal citizenship—even for those who have not been found guilty of any crime. The effects of this increasingly frequent contact with the criminal justice system are wide-ranging—and pernicious—and Lerman and Weaver go on to offer concrete proposals for reforms to reincorporate this large group of citizens as active participants in American civic and political life. |
| law enforcement officials sometimes controversially rely on the practice of: The Eighth Amendment and Its Future in a New Age of Punishment Meghan J. Ryan, William W. Berry III, 2020-06-11 A theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. |
| law enforcement officials sometimes controversially rely on the practice of: The Future of Disability in America Institute of Medicine, Board on Health Sciences Policy, Committee on Disability in America, 2007-10-24 The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society. |
| law enforcement officials sometimes controversially rely on the practice of: Abolition Democracy Angela Y. Davis, 2011-01-04 Revelations about U.S policies and practices of torture and abuse have captured headlines ever since the breaking of the Abu Ghraib prison story in April 2004. Since then, a debate has raged regarding what is and what is not acceptable behavior for the world’s leading democracy. It is within this context that Angela Davis, one of America’s most remarkable political figures, gave a series of interviews to discuss resistance and law, institutional sexual coercion, politics and prison. Davis talks about her own incarceration, as well as her experiences as enemy of the state, and about having been put on the FBI’s most wanted list. She talks about the crucial role that international activism played in her case and the case of many other political prisoners. Throughout these interviews, Davis returns to her critique of a democracy that has been compromised by its racist origins and institutions. Discussing the most recent disclosures about the disavowed chain of command, and the formal reports by the Red Cross and Human Rights Watch denouncing U.S. violation of human rights and the laws of war in Guantánamo, Afghanistan and Iraq, Davis focuses on the underpinnings of prison regimes in the United States. |
| law enforcement officials sometimes controversially rely on the practice of: Freedom in the World 2008 Freedom House (U.S.), 2008 A survey of the state of human freedom around the world investigates such crucial indicators as the status of civil and political liberties and provides individual country reports. |
| law enforcement officials sometimes controversially rely on the practice of: Speech, Crime, and the Uses of Language Kent Greenawalt, 1992-09-17 In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered speech within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage. |
| law enforcement officials sometimes controversially rely on the practice of: Reproducing Order Richard V. Ericson, University of Toronto. Centre of Criminology, 1982-01-01 Professor Ericson and his colleagues followed the work of patrol officers in a large Canadian regional police force. From their direct observations comes a wealth of information, quantitatively assembled and qualitatively discussed, with insights into the nature of policing. This book reveals that the police are not mere 'referees' of our legal lives, blowing the whistle on our infractions. They are censors of certain types of possibly wrong actions. They are selective in their invocation of criminal law and use the law artfully to restore settings to orderliness. Ericson emphasizes the routine manner in which the patrol officer intervenes and gains compliance fron the citizenry. He demonstrates that when the criminal process is invoked, the police maintain fundamental control over the court outcome. Using these findings, he addresses basic questions about the role of police in relation to crime and how it is produced, literally, by the patrol officer. Crime is also seen as the primary basis of police legitimacy, which in turn enables the police to engage in broad surveillance and information-gathering. The author's conclusions about the nature of policing and his discussion of the implications of proposals for reform of police, will generate better-informed deliberation in political and public decision-making and in the general study of sociological theory. |
| law enforcement officials sometimes controversially rely on the practice of: Protection of Civilians Haidi Willmot, Ralph Mamiya, Scott Sheeran, Marc Weller, 2016 The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse. |
| law enforcement officials sometimes controversially rely on the practice of: Islamic Jurisprudence on the Regulation of Armed Conflict Nesrine Badawi, 2019-10-01 In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a “true” interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works. |
| law enforcement officials sometimes controversially rely on the practice of: Unjust Borders Javier S. Hidalgo, 2018-11-07 States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. |
| law enforcement officials sometimes controversially rely on the practice of: Freedom in the World 2013 Freedom House, 2013-10-10 Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 194 countries and 14 territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development. |
| law enforcement officials sometimes controversially rely on the practice of: A Matter of Principle Ronald Dworkin, 1986 This is a book about fundamental theoretical issues of political philosophy and jurisprudence. In his familiar forceful and incisive style Professor Dworkin guides the reader through a re-examination of some perennial moral, philosophical, and legal dilemmas. |
| law enforcement officials sometimes controversially rely on the practice of: Unorthodox Lawmaking Barbara Sinclair, 2016-06-22 Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress. |
| law enforcement officials sometimes controversially rely on the practice of: Charter Justice in Canadian Criminal Law Don Stuart, 2010 The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified.--Pub. desc. |
| law enforcement officials sometimes controversially rely on the practice of: Citizenship Law in Africa Bronwen Manby, 2012-07-27 Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description. |
| law enforcement officials sometimes controversially rely on the practice of: No Equal Justice David Cole, 2010-10 First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication. |
| law enforcement officials sometimes controversially rely on the practice of: Transnational Law Philip Caryl Jessup, 1956 |
| law enforcement officials sometimes controversially rely on the practice of: NGO Law and Governance Grant B. Stillman, 2006 |
| law enforcement officials sometimes controversially rely on the practice of: Working with Customary Justice Systems Erica Harper, 2011 Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics--Provided by publisher. |
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comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in …
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Jan 25, 2020 · Davis, one of America’s most remarkable political figures, gave a series of interviews to discuss resistance and law, institutional sexual coercion, politics and prison. …
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criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the …
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A lively exploration of the struggles faced by women in law enforcement and mystery fiction for the past 175 years In 1910, Alice Wells took the oath to join the all-male Los Angeles Police …
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Reforming Patterns of Unconstitutional Policing: Enforcement …
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Public Policy and the Law: An intergovernmental study of bias …
The purpose of this paper is to show how federal, state, and local law enforcement agencies are addressing the issues of “bias based policing” and how public policy and the law come together …
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Law enforcement, tasked with protecting and serving, sometimes employs tactics that spark intense public debate. This post delves into controversial practices utilized by law enforcement …
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triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are …
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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 …
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Jan 25, 2020 · Law Enforcement Officials Sometimes Controversially Rely On The Practice Of Barbara Sinclair ... Davis, one of America’s most remarkable political figures, gave a series of interviews to discuss resistance and law, institutional sexual coercion, politics and prison. Davis talks about her own incarceration, as well as her experiences as
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THE STATE’S MONOPOLY OF FORCE AND THE RIGHT TO …
Second, American law has a mismatch between public duties and private rights. Providing effective law enforcement is only a public duty. Individuals have no private claim that the government adequately enforce the law or protect them against unlawful violence. Self-help and private law enforcement are the best remedies when
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both work with law enforcement to stop these activities and to protect themselves from becoming victims of police violence.9 Neither property crimes nor acts of provocation or violence can be condoned; however, law enforcement must be trained not to indiscriminately engage in the use of force that targets law-abiding individuals or groups
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publicize, incorporate in law and practice UN standards for law enforcement officials, including the UN Code of Conduct for Law Enforcement Officers and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. 2. States should explicitly include the promotion and adherence
Disclosing PHI to LE 050318 - University of North Carolina at …
If a disclosure to law enforcement is not specifically allowed by the HIPAA use and disclosure rules, then a LHD should obtain the individual’s written authorization before making the disclosure. Disclosing PHI to Law Enforcement Officials: Overview for NC Local Health Departments
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enforcement energies on the localized practice of full-custodial arrest for marijuana offenses.11 But, over the past few years, the city has almost abandoned its reliance on arrest (at least for simple possession of marijuana). 12 And, of course, as of this writing, several jurisdictions have
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The Criminal Law and Law Enforcement Implications of Big Data, 14 A NN. R EV. L. & S OC. S CI. 293, 294 (2018). Each of these policing technologies has fueled a fight between privacy . advo-cates . and law enforcement professionals, with an almost predictable pattern of suspicion, scandals, and setbacks following each new innovation. The debate
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versus nondisclosure. Sometimes, outside parties are aware that a secret exists even though they are ignorant of its content. They know that Agency X is withholding photographs of detainee abuse, though they do not know what exactly the photographs show.
Building Trust Between the Police and the Citizens They Serve
how law enforcement executives address ethical or misconduct problems within their departments. Several tools and resources, including a glossary of relevant terms, are included to help make the information as accessible as possible. The guide is the result of a thorough and detailed assessment of strategies that will best serve law enforcement
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This paper discusses the strategies used by regulatees and enforcement officials in law enforcement processes. The enforcement literature mentions typologies of regulatees (well-intentioned or ill ...
