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This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
On December 24, 1968, ten-year-old Pamela Powers was brutally murdered, her body dumped at the side of the road to freeze. Robert Anthony Williams was charged with the crime, and a series of trials, appeals, and reversals ensued. The Christian Burial Case: An Introduction to Criminal and Judicial Procedure introduces readers to the intricacies of the American legal system, using the Williams case to illustrate all the stages of the legal process from the point of arrest, to the trial, the appellate process, and, ultimately, the Supreme Court. The text clearly and concisely explains criminal and court procedures in the context of the Williams case, paying careful attention to the rights against self-incrimination and to counsel, and to the role of the exclusionary rule in our system of justice. This unique introduction to criminal justice and judicial procedure captures the imagination of the reader as it chronicles The Christian Burial case from beginning to end. Because the suspect was observed leaving the scene of the crime with the body of the victim, the Williams case seemed to be open and shut. But due to police procedures in apprehending and questioning the suspect, the resolution of the case took fifteen years and two United States Supreme Court decisions. By highlighting the difficulties of determining the facts of the case and the proper procedural laws that were applicable, McInnis demonstrates the complexities inherent in the legal system. This compelling book is a must-read for all people interested in learning more about criminal procedure and judicial processes.
A Smithsonian Best History Book of the Year Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the Sidney M. Edelstein Prize Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize “From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked.” —Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court’s due process revolution and argues that the Supreme Court’s efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation’s commitment to equal protection before the law. “With insights ranging from the joy of the open road to the indignities—and worse—of ‘driving while black,’ Sarah Seo makes the case that the ‘law of the car’ has eroded our rights to privacy and equal justice...Absorbing and so essential.” —Paul Butler, author of Chokehold “A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity.” —Hua Hsu, New Yorker
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today’s controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook’s study remains the most comprehensive general work on the right to keep and bear arms.
Predict and Surveil offers an unprecedented, inside look at how police use big data and new surveillance technologies. Sarah Brayne conducted years of fieldwork with the LAPD--one of the largest and most technically advanced law enforcement agencies in the world-to reveal the unmet promises and very real perils of police use of data--driven surveillance and analytics.
Presents data on the nature and characteristics of contacts between residents of the U.S. and the police over a 12-month period. More than 60,000 individuals age 16 or older participated in a nationally survey. Detailed findings on face-to-face contacts with police include the reason for and outcome of the contact, resident opinion on police behavior during the contact, and whether police used or threatened to use force during the contact. The document contains demographic characteristics of residents involved in traffic stops and use-of-force incidents and provides comparative analysis with prior survey findings. Overall, the study found that about 9 out of 10 people who had contact with police in 2005 felt that the police acted properly. Tables.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis