Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights

Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights

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  • Create Date:2021-08-25 17:21:07
  • Update Date:2025-09-06
  • Status:finish
  • Author:Erwin Chemerinsky
  • ISBN:B08L6XB4XN
  • Environment:PC/Android/iPhone/iPad/Kindle

Summary

Presumed Guilty, like the best-selling The Color of Law, is a “smoking gun” of civil rights research, a troubling history that reveals how the Supreme Court enabled racist policing and sanctioned law enforcement excesses。 The fact that police are nine times more likely to kill Black men than other Americans is no accident; it is the result of an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged。


Demonstrating how the prodefendant Warren Court was a brief historical aberration, Erwin Chemerinsky shows how this more liberal era ended with Nixon’s presidency and the ascendance of conservative justices, whose rulings—like Terry v。 Ohio and Los Angeles v。 Lyons—have permitted stops and frisks, limited suits to reform police departments, and even abetted the use of chokeholds。 Presumed Guilty concludes that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights。

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Reviews

Starlight Wymore

The Supreme Court has not issued a holding that limits police power in decades。 Quite the opposite, it has continuously expanded the ability of police officers to act with impunity, repeatedly violating the constitutional rights of their victims with no consequences whatsoever。 Furthermore, the Court has consciously ignored the effect their rulings have on people of color, despite the widely available data amassed over the years confirming the use of racial profiling among police officers。In Pre The Supreme Court has not issued a holding that limits police power in decades。 Quite the opposite, it has continuously expanded the ability of police officers to act with impunity, repeatedly violating the constitutional rights of their victims with no consequences whatsoever。 Furthermore, the Court has consciously ignored the effect their rulings have on people of color, despite the widely available data amassed over the years confirming the use of racial profiling among police officers。In Presumed Guilty, Chemerinsky demonstrates how the Warren Court was the last to have any true consideration for the rights of criminal defendants and how the conservative Counts since have consistently eroded the rights of those on trial。 He cites numerous cases to support his assertion that the Supreme Court not only does nothing to address racial profiling, but goes above and beyond to encourage the practice。 I really enjoyed reading this book。 In 2017, National Jurist magazine named Chemerinsky the most influential person in legal education in the United States。 He is a law school legend and I was thrilled to review this book。I absolutely recommend this book。 Well-researched and thought-provoking, it should be required reading for law students, especially those focusing on criminal law。 Scheduled for publication in August 2021, I encourage you to pick this one up and do your part in educating yourself。Thanks to Erwin Chemerinsky, W。 W。 Norton and Netgalley for this ARC in return for my honest review。 。。。more

Luis Cuesta

I received this book as a Goodreads giveaway。 Chemerinsky´s essay does a good job criticing a judiciary committed to advancing the police state。 The book offers an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged。 This vision has created a racist policing and sanctioned law enforcement excesses that are affecting a lot of aspects of daily life in the US。 The solution to this endemic problem that Chemerinsky offers is a robust c I received this book as a Goodreads giveaway。 Chemerinsky´s essay does a good job criticing a judiciary committed to advancing the police state。 The book offers an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged。 This vision has created a racist policing and sanctioned law enforcement excesses that are affecting a lot of aspects of daily life in the US。 The solution to this endemic problem that Chemerinsky offers is a robust court system committed to civil rights。 。。。more

Shaun

I received a free ARC copy through a Goodreads Giveaway。A good look at how past decisions create the difficulties we, as a society, face in the present。 A lot of precedent is set by the Supreme Court but a lot of the cases the Court decline to hear are declined because there is no precedent。 Which is exactly why the Court should hear the cases。Having studied some criminal law and criminal procedure in college, many of the cases cited throughout the book are very familiar to me。 Some I only learn I received a free ARC copy through a Goodreads Giveaway。A good look at how past decisions create the difficulties we, as a society, face in the present。 A lot of precedent is set by the Supreme Court but a lot of the cases the Court decline to hear are declined because there is no precedent。 Which is exactly why the Court should hear the cases。Having studied some criminal law and criminal procedure in college, many of the cases cited throughout the book are very familiar to me。 Some I only learned of for the first time。 That may impact the readability for users not used to the language of the Court and criminal law。 The reading can be quite dry at times。 It is still important to learn the history if you are going to try and solve the issues of the present。 Chemerinsky does lay out a very linear timeline of the Court cases (and some the Court declined to hear) and their impact on current policing procedures and limitations (or lack thereof)。 His explanations include both direct quotes from cases while also giving summaries in easier language to understand。 He also gives brief background information on the cases, to give the reader a complete picture。 The last chapter is dedicated to suggestions of how current issues can be remedied to make policing more balanced in how it approaches Constitutional rights and civil rights。 If you think there are no current issues with how policing is done in the United States you likely won't enjoy this book unless you come in with an open mind。 If you do want to know how we got to where we are。。。this is a fantastic historical reference。 。。。more

Andréa

Note: I accessed a digital review copy of this book through Edelweiss。