Police, Prosecutors, Courts, and the Constitution : Toward Ending the “Awful but Lawful” Era / by Charles E. MacLean, James A. Densley.

Format:

Book

Author/Creator:

MacLean, Charles E., author.

Densley, James A. (James Andrew), 1982- author.

Language:

English

Subjects (All):

Crime--Sociological aspects.

Crime.

Critical criminology.

Psychology.

Criminology.

Crime and Society.

Critical Criminology.

Behavioral Sciences and Psychology.

Crime Control and Security.

Local Subjects:

Crime and Society.

Critical Criminology.

Behavioral Sciences and Psychology.

Crime Control and Security.

Physical Description:

1 online resource (180 pages)

Edition:

1st ed. 2023.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2023.

Summary:

This book delves into a multitude of practices that, although deemed “lawful” by courts, are undeniably “awful” and unethical. From police officers employing deceit to extract confessions or consent to search, to prosecutors manipulating innocent individuals to relinquish their rights and plead guilty, to excessive force by law enforcement, these practices erode public trust in the criminal legal system and deny justice to those affected. With a critical examination of these deeply flawed tactics, this volume goes beneath the surface to explore their profound impact on the ethical standards and emotional health of justice system practitioners. It forcefully argues for a reclaiming of The Social Contract and for peace officers and prosecutors to unequivocally reject these unethical methods and recognize the urgent need for a criminal justice system that truly embodies ethics and fairness. This work equips police officers, prosecutors, judges, and legislators with invaluable research, enabling them to actively advocate for a transformed system that ethically serves justice for all in the post-George Floyd era.

Contents:

Part 1. Setting the Stage

Introduction

The United States Constitution and the Social Contract

Part 2. Police, Misconduct, and Supreme Court Complicity

Moral Injury, Compound Officer Trauma, and Officer Mental Health

Court-approved Police Deception in Obtaining Consent to Search

Court-approved Police Deception in Interrogations

Fourth Amendment Erosion and Novel Crime-Fighting Technologies

Police Discriminatory Enforcement and Excessive Force

Part 3. Prosecutor Misconduct and Supreme Court Complicity

Prosecutors’ Obligations for Post-Conviction Integrity & Due Process Review

Plea Bargaining: Ascendancy and Improper Prosecutorial Leverage and Deceit

The Way Forward: A Conclusion and Call to Action

References

Appellate Cases Cited

Index.

Notes:

Includes bibliographical references and index.

ISBN:

3-031-39082-2