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Articles 1 - 3 of 3

Full-Text Articles in Law

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant Jan 1997

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant

Faculty Scholarship

Crime control through law enforcement is generally considered to be a two-part process of appre­hending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harass­ment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …


Deceit, Pretext, And Trickery: Investigative Lies By The Police, Christopher Slobogin Jan 1997

Deceit, Pretext, And Trickery: Investigative Lies By The Police, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This Article has been a preliminary effort at identifying those limitations in connection with one specific type of lie-investigative lies, or lies told to people in an effort to gather evidence against them. The extrapolation of Bok's analysis developed in this Article suggests that once an individual has been identified as a suspect through the public proxy of a judge, noncoercive deception in the investigative setting is often permissible. On the other hand, in the absence of such an identification, or when deception leads the dupe to believe he has no choice but to provide the soughtafter evidence, investigative lying …


Race, Cops, And Traffic Stops, Angela J. Davis Jan 1997

Race, Cops, And Traffic Stops, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …