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In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.
"Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life chronicles how local police and criminal justice systems intruded on gay individuals, criminalizing, profiling, surveilling, and prosecuting them from the 1930's through the 1960's. Anna Lvovsky details the progression of enforcement strategies through the targeting of gay-friendly bars by liquor boards, enticement of sexual overtures by plainclothes police decoys, and surveilling of public bathrooms via peepholes and two-way mirrors to catch someone "in the act." Lvovsky shows how the use of tactics indistinguishable from entrapment to criminalize homosexual men in public and private spaces produced charges brought forward and disputed by attorneys and evidence that had to stand before judges, who at times intervened against punitive policies. In Vice Patrol the author demonstrates how developments in the psychological, medical, and sociological handling of homosexuality filtered into police stations, courthouses, and the wider culture"--
"Poignant....important and illuminating."—The New York Times Book Review "Groundbreaking."—Bryan Stevenson, New York Times bestselling author of Just Mercy From one of the world’s leading experts on unconscious racial bias come stories, science, and strategies to address one of the central controversies of our time How do we talk about bias? How do we address racial disparities and inequities? What role do our institutions play in creating, maintaining, and magnifying those inequities? What role do we play? With a perspective that is at once scientific, investigative, and informed by personal experience, Dr. Jennifer Eberhardt offers us the language and courage we need to face one of the biggest and most troubling issues of our time. She exposes racial bias at all levels of society—in our neighborhoods, schools, workplaces, and criminal justice system. Yet she also offers us tools to address it. Eberhardt shows us how we can be vulnerable to bias but not doomed to live under its grip. Racial bias is a problem that we all have a role to play in solving.
Torture is an open secret in Chicago. Nobody in power wants to acknowledge this grim reality, but everyone knows it happens—and that the torturers are the police. Three to five new claims are submitted to the Torture Inquiry and Relief Commission of Illinois each week. Four hundred cases are currently pending investigation. Between 1972 and 1991, at least 125 black suspects were tortured by Chicago police officers working under former Police Commander Jon Burge. As the more recent revelations from the Homan Square “black site” show, that brutal period is far from a historical anomaly. For more than fifty years, police officers who took an oath to protect and serve have instead beaten, electrocuted, suffocated, and raped hundreds—perhaps thousands—of Chicago residents. In The Torture Letters, Laurence Ralph chronicles the history of torture in Chicago, the burgeoning activist movement against police violence, and the American public’s complicity in perpetuating torture at home and abroad. Engaging with a long tradition of epistolary meditations on racism in the United States, from James Baldwin’s The Fire Next Time to Ta-Nehisi Coates’s Between the World and Me, Ralph offers in this book a collection of open letters written to protesters, victims, students, and others. Through these moving, questing, enraged letters, Ralph bears witness to police violence that began in Burge’s Area Two and follows the city’s networks of torture to the global War on Terror. From Vietnam to Geneva to Guantanamo Bay—Ralph’s story extends as far as the legacy of American imperialism. Combining insights from fourteen years of research on torture with testimonies of victims of police violence, retired officers, lawyers, and protesters, this is a powerful indictment of police violence and a fierce challenge to all Americans to demand an end to the systems that support it. With compassion and careful skill, Ralph uncovers the tangled connections among law enforcement, the political machine, and the courts in Chicago, amplifying the voices of torture victims who are still with us—and lending a voice to those long deceased.
A bomb explodes in a police station, killing nine officers and a civilian. Those responsible are never caught, but police, press and public are quick to condemn a group of eleven immigrants. This story could have been ripped from today's headlines. In fact, it comes from a 1917 case in Milwaukee, Wisconsin; a miscarriage of justice examined for the first time by Dean Strang, the lawyer whose passionate defence of alleged murderer Steven Avery was at the heart of the hit Netflix series Making a Murderer. Days after the explosion, the eleven suspects went to court on unrelated charges. The spectre of the larger, uncharged crime haunted the proceedings and against the backdrop of the First World War and amid a prevailing hatred and fear of immigrants, a fair trial was impossible. In its focus on a moment when patriotism and terror swept the nation, Worse than the Devil exposes broad concerns that persist today, and failures in the American justice system that will resonate with anyone who has followed the Avery trial.
NEW YORK TIMES EDITORS’ CHOICE • The astonishing true story of “one of the most startling police corruption scandals in a generation” (The New York Times), from the Pulitzer Prize–nominated reporter who exposed a gang of criminal cops and their yearslong plunder of an American city NOW AN HBO SERIES FROM THE WIRE CREATOR DAVID SIMON AND GEORGE PELECANOS “A work of journalism that not only chronicles the rise and fall of a corrupt police unit but can stand as the inevitable coda to the half-century of disaster that is the American drug war.”—David Simon Baltimore, 2015. Riots are erupting across the city as citizens demand justice for Freddie Gray, a twenty-five-year-old Black man who has died under suspicious circumstances while in police custody. Drug and violent crime are surging, and Baltimore will reach its highest murder count in more than two decades: 342 homicides in a single year, in a city of just 600,000 people. Facing pressure from the mayor’s office—as well as a federal investigation of the department over Gray’s death—Baltimore police commanders turn to a rank-and-file hero, Sergeant Wayne Jenkins, and his elite plainclothes unit, the Gun Trace Task Force, to help get guns and drugs off the street. But behind these new efforts, a criminal conspiracy of unprecedented scale was unfolding within the police department. Entrusted with fixing the city’s drug and gun crisis, Jenkins chose to exploit it instead. With other members of the empowered Gun Trace Task Force, Jenkins stole from Baltimore’s citizens—skimming from drug busts, pocketing thousands in cash found in private homes, and planting fake evidence to throw Internal Affairs off their scent. Their brazen crime spree would go unchecked for years. The results were countless wrongful convictions, the death of an innocent civilian, and the mysterious death of one cop who was shot in the head, killed just a day before he was scheduled to testify against the unit. In this urgent book, award-winning investigative journalist Justin Fenton distills hundreds of interviews, thousands of court documents, and countless hours of video footage to present the definitive account of the entire scandal. The result is an astounding, riveting feat of reportage about a rogue police unit, the city they held hostage, and the ongoing struggle between American law enforcement and the communities they are charged to serve.
In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice.
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
The controversial New York City police commissioner and New York Times bestselling author of The Lost Son shares the story of his fall from grace and the effects of his incarceration on his views of the American justice system. Bernard Kerik was New York City’s police commissioner during the 9/11 attacks, and became an American hero as he led the NYPD through rescue and recovery efforts of the World Trade Center. His résumé as a public servant is long and storied, and includes receiving a Medal of Honor. In 2004, Kerik was nominated by George W. Bush to head the Department of Homeland Security. Now, he is a former Federal Prison Inmate known as #84888-054. Convicted of tax fraud and false statements in 2007, Kerik was sentenced to four years in federal prison. Now, for the first time, he talks candidly about what it was like on the inside: the torture of solitary confinement, the abuse of power, the mental and physical torment of being locked up in a cage, the powerlessness. With newfound perspective, Kerik makes a plea for change and illuminates why our punishment system doesn’t always fit the crime. In this extraordinary memoir, Kerik reveals his unprecedented view of the American penal system from both sides: as the jailer and the jailed. With astonishing candor, bravery, and insider’s intelligence, Bernard Kerik shares his fall from grace to incarceration, and turns it into a genuine and uniquely insightful argument for criminal justice reform.