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The extreme interrogation tactics permitted after the 9/11 attacks illustrate that the level of fear in society can influence the law of interrogation. In light of controversial water boarding policies and extraterritorial detention centers, what is the basis for interrogation law in the United States? What is the historical precedent for giving potential criminals the right to "remain silent" or confess to a crime? In Confessions of Guilt, esteemed scholars of law and criminal procedure George Thomas and Richard Leo tell the story of how, over the centuries, the law of interrogation moved from indifference about extreme pressure to concern over the slightest pressure, and back again. Demonstrating that the law of interrogation is inherently unstable and highly dependent on the perceived levels of threat felt by a society, the authors shed light on the nuanced and fascinating history of interrogation practices, both new and old.
This successor to the classic Lefler-Newsome North Carolina: The History of a Southern State, published in 1954, presents a fresh survey history that includes the contemporary scene. Drawing upon recent scholarship, the advice of specialists, and his own knowledge, Powell has created a splendid narrative that makes North Carolina history accessible to both students and general readers. For years to come, this will be the standard college text and an essential reference for home and office.
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
Only the Clothes on Her Back illuminates the ways in which women, men of color, and poor people used textiles as a form of property that enabled them to gain access to the legal system and to exercise political power.
In a comprehensive examination of rape and its prosecution in British America between 1700 and 1820, Sharon Block exposes the dynamics of sexual power on which colonial and early republican Anglo-American society was based. Block analyzes the legal, social, and cultural implications of more than nine hundred documented incidents of sexual coercion and hundreds more extralegal commentaries found in almanacs, newspapers, broadsides, and other print and manuscript sources. Highlighting the gap between reports of coerced sex and incidents that were publicly classified as rape, Block demonstrates that public definitions of rape were based less on what actually happened than on who was involved. She challenges conventional narratives that claim sexual relations between white women and black men became racially charged only in the late nineteenth century. Her analysis extends racial ties to rape back into the colonial period and beyond the boundaries of the southern slave-labor system. Early Americans' treatment of rape, Block argues, both enacted and helped to sustain the social, racial, gender, and political hierarchies of a New World and a new nation.
While slavery was peculiar within a democratic republic, it was an integral and seldom questioned part of the 18th-century British empire. Examining the complex culture of the South Carolina law country from the end of the Stono Rebellion through the American Revolution, historian Robert Olwell analyzes the structures and internal dynamics of a world in which both masters and slaves were also imperial subjects.
In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.