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Full-Text Articles in Law and Race
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
Northwestern University Law Review
Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
No abstract provided.
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Cleveland State Law Review
In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for an indictment. Still …
Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene
Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene
Maryland Law Review
No abstract provided.