Above the Law

Above the Law PDF

Author: Skolnick Fyfe

Publisher: Simon and Schuster

Published: 2010-05-11

Total Pages: 342

ISBN-13: 1439118647

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The now-famous videotape of the beating of Rodney King precipitated a national outcry against police violence. Skolnick and Fyfe, two of the nation's top experts on law enforcement, use the incident to introduce a revealing historical analysis of such violence and the extent of its survival in law enforcement today.

The SAGE Encyclopedia of Leadership Studies

The SAGE Encyclopedia of Leadership Studies PDF

Author: George R. Goethals

Publisher: SAGE Publications

Published: 2023-02-14

Total Pages: 1122

ISBN-13: 1071840835

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Leadership Studies is a multi-disciplinary academic exploration of the various aspects of how people get along, and how together they get things done. The fields that contribute to leadership studies include history, political science, psychology, anthropology, sociology, philosophy, literature, and behavioral economics. Leadership Studies is also about the ethical dimensions of human behavior. The discipline considers what leadership has been in the past (the historical view), what leadership actually looks like in the present (principally from the perspectives of the behavioral sciences and political science), and what leadership should be (the ethical perspective). The SAGE Encyclopedia of Leadership Studies will present both key concepts and research illuminating leadership and many of the most important events in human history that reveal the nuances of leadership, good and bad. Entries will include topics such as power, charisma, identity, persuasion, personality, social intelligence, gender, justice, unconscious conceptions of leadership, leader-follower relationships, and moral transformation.

The Affirmative Defense of Qualified Immunity for Law Enforcement

The Affirmative Defense of Qualified Immunity for Law Enforcement PDF

Author: Landmark Publications

Publisher:

Published: 2020-06-25

Total Pages: 554

ISBN-13:

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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Qualified immunity is a doctrine aimed at providing government officials (including police officers) a modicum of protection from civil damages liability for actions taken under color of state law. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); McKenney v. Mangino, 873 F.3d 75, 80 (1st Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 1311, 200 L.Ed.2d 475 (2018). This p.10 protection attaches "to all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Conlogue v. Hamilton, 906 F.3d 150, 154 (1st Cir. 2018) (quoting Harlow, 457 U.S. at 818, 102 S.Ct. 2727). The qualified immunity analysis has two facets: "[t]he court must determine whether the defendant violated the plaintiff's constitutional rights" and then must determine "whether the allegedly abridged right was 'clearly established' at the time of the defendant's claimed misconduct." Id. at 155 (quoting McKenney, 873 F.3d at 81). [ . . . ] [The question whether the allegedly abridged right is clearly established] has two facets. First, the plaintiff must "identify either 'controlling authority' or a 'consensus of cases of persuasive authority' sufficient to send a clear signal to a reasonable official that certain conduct falls short of the constitutional norm." Alfano v. Lynch, 847 F.3d 71, 75 (1st Cir. 2017) (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) ). Second, the plaintiff must demonstrate that "an objectively reasonable official in the defendant's position would have known that his conduct violated that rule of law." Id. This latter step is designed to achieve a prophylactic purpose: it affords "some breathing room for a police officer even if he has made a mistake (albeit a reasonable one) about the lawfulness of his conduct." Conlogue, 906 F.3d at 155. Taken together, these steps normally require that, to defeat a police officer's qualified immunity defense, a plaintiff must "identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment." City of Escondido v. Emmons, ___ U.S. ___, 139 S.Ct. 500, 504, 202 L.Ed.2d 455 (2019) (per curiam) (quoting District of Columbia v. Wesby, ___ U.S. ___, 138 S.Ct. 577, 590, 199 L.Ed.2d 453 (2018) ); see Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although such a case need not arise on identical facts, it must be sufficiently analogous to make pellucid to an objectively reasonable officer the unlawfulness of his actions. See City of Escondido, 139 S.Ct. at 504; Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Gray v. Cummings, 917 F. 3d 1 (1st Cir. 2019)

The Law of the Police

The Law of the Police PDF

Author: Rachel Harmon

Publisher: Aspen Publishing

Published: 2024-02-23

Total Pages: 1193

ISBN-13:

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The Law of the Police, Second Edition provides materials and analysis for law school classes on policing and the law. It offers a resource for students and others seeking to understand and evaluate how American law governs police interactions with the public. The book provides primary materials, including cases, statutes, and departmental policies, and commentary and questions designed to help readers explore policing practices; the law that governs them; and the law’s consequences for the costs, benefits, fairness, and accountability of policing. Among other issues, the notes and questions encourage readers to consider the form and content of the law; how it might change; who is making it; and how the law affects policing. Part I introduces local policing—its history, its goals, and its problems; Part II considers the law that regulates criminal investigations; Part III addresses the law that governs street policing; and Part IV looks at policing’s legal remedies and reforms. New to the Second Edition: New sections and materials on no-knock warrants, facial recognition technology, state regulation of pedestrian stops, alternatives to police-initiated traffic stops, state laws granting arrest authority, retaliatory arrest claims, state qualified immunity reform, private civil settlements for police reform, and community strategies to limit the scope of policing. New notes and materials on the role of prosecutors in shaping police conduct, the Second Amendment, the use of race in policing, policing homelessness, the impact of police unions and collective bargaining, and the Biden Administration’s pattern-or-practice suits. A recent federal indictment charging an officer with constitutionally excessive force. Updates to laws and notes to reflect new data, laws, and criminological and legal research. Additional examples of controversial police encounters to illustrate legal issues and concepts. Benefits for instructors and students: Chapters and notes designed to allow flexibility—allow professors to assign materials selectively according to the needs of the course. As a result, the casebook can serve as materials for a range of lecture and discussion-based courses on the law regulating police conduct; on legal remedies and reforms for problems in policing; or on more specific topics, such as the use of force or constitutional rules governing police conduct. Descriptions of controversial policing encounters and links to and discussion of videos of such incidents—help students practice applying the law, consider its policy implications, and gain awareness of contemporary controversies on policing. Diverse primary materials, including federal and state cases and statutes and police department policies—provide a broad exposure to the types of law that govern public policing. Photos, links to videos, protest art, and charts—pique student interest, enable richer discussions, and provide additional context for legal materials in the book. Integration of scholarly work on policing, on the law, and on the impact of police practices—enables students to make more sophisticated assessments of the law. Notes and questions—designed to (a) highlight alternative strategies lawyers might use to change the law, and (b) raise comparative institutional questions about who is best suited to regulate the police. Discussion of legal topics relevant to contemporary discussions of policing—studied nowhere else in the law school curriculum.

The Law of the Police

The Law of the Police PDF

Author: Rachel Harmon

Publisher: Aspen Publishing

Published: 2024-02-15

Total Pages: 916

ISBN-13:

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Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The Law of the Police, Second Edition provides materials and analysis for law school classes on policing and the law. It offers a resource for students and others seeking to understand and evaluate how American law governs police interactions with the public. The book provides primary materials, including cases, statutes, and departmental policies, and commentary and questions designed to help readers explore policing practices; the law that governs them; and the law's consequences for the costs, benefits, fairness, and accountability of policing. Among other issues, the notes and questions encourage readers to consider the form and content of the law; how it might change; who is making it; and how the law affects policing. Part I introduces local policing--its history, its goals, and its problems; Part II considers the law that regulates criminal investigations; Part III addresses the law that governs street policing; and Part IV looks at policing's legal remedies and reforms. New to the Second Edition: New sections and materials on no-knock warrants, facial recognition technology, state regulation of pedestrian stops, alternatives to police-initiated traffic stops, state laws granting arrest authority, retaliatory arrest claims, state qualified immunity reform, private civil settlements for police reform, and community strategies to limit the scope of policing. New notes and materials on the role of prosecutors in shaping police conduct, the Second Amendment, the use of race in policing, policing homelessness, the impact of police unions and collective bargaining, and the Biden Administration's pattern-or-practice suits. A recent federal indictment charging an officer with constitutionally excessive force. Updates to laws and notes to reflect new data, laws, and criminological and legal research. Additional examples of controversial police encounters to illustrate legal issues and concepts. Benefits for instructors and students: Chapters and notes designed to allow flexibility--allow professors to assign materials selectively according to the needs of the course. As a result, the casebook can serve as materials for a range of lecture and discussion-based courses on the law regulating police conduct; on legal remedies and reforms for problems in policing; or on more specific topics, such as the use of force or constitutional rules governing police conduct. Descriptions of controversial policing encounters and links to and discussion of videos of such incidents--help students practice applying the law, consider its policy implications, and gain awareness of contemporary controversies on policing. Diverse primary materials, including federal and state cases and statutes and police department policies--provide a broad exposure to the types of law that govern public policing. Photos, links to videos, protest art, and charts--pique student interest, enable richer discussions, and provide additional context for legal materials in the book. Integration of scholarly work on policing, on the law, and on the impact of police practices--enables students to make more sophisticated assessments of the law. Notes and questions--designed to (a) highlight alternative strategies lawyers might use to change the law, and (b) raise comparative institutional questions about who is best suited to regulate the police. Discussion of legal topics relevant to contemporary discussions of policing--studied nowhere else in the law school curriculum.

American Law Enforcement

American Law Enforcement PDF

Author: Johannes F. Spreen

Publisher: iUniverse

Published: 2004-04

Total Pages: 0

ISBN-13: 0595317804

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This book describes how policing has forgotten to serve and protect citizens but emphasizes technology and quick response after a crime has been committed. It has astonishingly simple new ideas about how policing could prevent crime as well as enforce laws. These radical but economical changes in policing would not only result in more respect for police by the public but would lower the crime rate by preventing crime in the first place. This seasoned veteran brings his experience to bear in tantalizing clarity as a master wordsmith. He produces a compelling case for changing even the kind of vehicles that police use today. "Commissioner Johannes Spreen was a police officer extraordinary; a man who helped restructure and develop New York City Police Academy training leading to a college program, a 'West Point' for officers, now John Jay College for Criminal Justice. Johannes Spreen is a man of enthusiasm, indeed a prophet; always ahead of his time and brought his talent to Detroit as Police Commissioner and later Sheriff of Oakland County." --Rudolph P. Blaum, Retired Captain, New York City Police Department, John Jay College, former president American Education Association.

The Affirmative Defense of Qualified Immunity for Law Enforcement

The Affirmative Defense of Qualified Immunity for Law Enforcement PDF

Author: Landmark Publications

Publisher: Independently Published

Published: 2018-09-28

Total Pages: 550

ISBN-13: 9781723910968

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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss and analyze issues surrounding the doctrine of qualified immunity when used by law enforcement professionals. * * * The doctrine of qualified immunity insulates government officials from lawsuits, shielding them "from undue interference with their duties and from potentially disabling threats of liability." Wright v. City of Philadelphia, 409 F.3d 595, 599 (3d Cir. 2005) (quoting Elder v. Holloway, 510 U.S. 510, 514, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994)). In determining the applicability of qualified immunity, courts examine two prongs. First, whether the facts alleged (in the context of a motion to dismiss or for judgment on the pleadings) or shown (in the context of a motion for summary judgment or a trial) "make out a violation of a constitutional right." Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Second, "whether the right at issue was 'clearly established' at the time of defendants' alleged misconduct." Id. (quoting Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). A right is "clearly established" when its "contours ... [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (quotation marks omitted). Courts need not evaluate the two prongs sequentially, Pearson, 555 U.S. at 236, 129 S.Ct. 808, and the failure of either prong will result in application of qualified immunity, James v. City of Wilkes-Barre, 700 F.3d 675, 679 (3d Cir. 2012). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018). * * * Qualified immunity is an affirmative defense on which the defendant has the burden of proof. See, e.g., Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Rogoz v. City of Hartford, 796 F.3d at 247. "To the extent that a particular finding of fact [i]s essential to an affirmative defense, ... it [i]s incumbent on [the defendant] to request that the [factfinder] be asked the pertinent question." Kerman, 374 F.3d at 120. Outlaw v. City of Hartford, ibid.