Perilous Policing: Criminal Justice in Marginalized Communities
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Policing and police practices have changed dramatically since the 9/11 terrorist attacks and those changes have accelerated since the summer of 2014 and the death of Michael Brown at the hands of then-police officer Darren Wilson in Ferguson, Missouri. Since the November 2016 election of Donald Trump as president, many law enforcement practitioners, policy makers, and those concerned with issues of social justice have had concerns that there would be seismic shifts in policing priorities and practices at the federal, state, county, and local and tribal levels that will have significant implications for constitutional rights and civil liberties protections, particularly for people of color. Perilous Policing: Criminal Justice in Marginalized Communities provides a much-needed interrogatory to law enforcement practices and policies as they continue to evolve during this era of uncertainty and anxiety. Key topics include the police and marginalized populations, the use of technology to surveil individuals and groups, the emergence of the Black Lives Matter movement and the erosion of the police narrative, the use of force (particularly deadly force) against people of color, the role of the police in immigration enforcement, the "war on cops," and police militarization. Thomas Nolan’s critique of current practice and his preliminary conclusions as to how to navigate contemporary policing away from the pitfalls of discredited and counterproductive practices will be of interest to advanced undergraduates and graduate students in Policing, Criminology, Justice Studies, and Criminal Justice programs, as well as to researchers, law enforcement professionals, and police policy makers. Cover Half Title Title Page Copyright Page Dedication Table of Contents Introduction 1 The Police, the Constitution, and Civil Rights and Civil Liberties When Police Run Afoul of the Constitution: The Role of “Commissions” The Police and the First Amendment: Freedoms Subordinated to “Public Safety” “Stop and Frisk”—Racial Profiling and Constitutional Implications The Police and the Fourth Amendment—Warrantless Searches and Consent Conclusion Notes References 2 Technology and Privacy in the Era of Homeland Security Drones Automated License Plate Readers Cell Phone Site Simulators Police Monitoring Social Media The Police and Body Cameras Panoptic “Predictive Policing” Facial Recognition Technology Conclusion Note References 3 Deadly Force: Compliance, Confrontation, and Consequences for African Americans Police Deadly Force Incidents African American Victims of Police Violence The Police and the Evasion of Criminal Responsibility The Double Standard and “Loyalty” Conclusion Notes References 4 Black Lives Matter: Interrogating and Challenging the Law Enforcement Narrative The Narrative The Interrogation and Interruption of the Narrative Sentineling White Space Conclusion Note References 5 The “War Against the Police”: The Fictive Response to the New Accountability The Nascent Accountability The Police and Victimhood The “Ferguson Effect” and the “War on Police” How Dangerous Is Policing? The Mythical War Conclusion Note References 6 The “Immigration Police”: The Demonization of the “Other” The Policing of Immigration: Co-Opting Local Law Enforcement The Trouble with So-Called “Gang Databases”: No Refuge in the “Sanctuary” The 287(g) Program Secure Communities Immigrants and Crime Immigration Enforcement and Fallout Conclusion: An Unholy Alliance References 7 “Soldier Up”: The Consequences of Militarization for Communities of Color The Demise of Community Policing The Militarization of the Police: Civil Rights and Civil Liberties at Peril The Militarization of the Police: SWAT Deployments Militarization and the First Amendment The Militarization of the Police: Events in Ferguson, Missouri The Police Response to Protests in North Dakota, Baton Rouge, and St. Louis The Militarization of the Police: The Response to the Boston Marathon Bombing Militarization, Technology, and the Erosion of the Police Narrative Conclusion References 8 “Taking Off the Cuffs”: Police Retrenchment and Resurgence The “Narrative” The “Pattern-or-Practice” Investigations and the Consent Decrees Floyd v. City of New York The Police and the “Others” The Cuffs Come Off: Revanche Conclusion References 9 Fusion Centers: An Unholy Alliance of Federal, State, and Local Law Enforcement Fusion Centers: Institution and Rationale Fusion Center Tradecraft and the Intelligence Community Fusion Center Governance, Regulation, and Operations Fusion Centers and Privacy Fusion Centers: The Research Accountability and Performance Questions about Efficacy, Privacy, and Compliance with Civil Rights and Civil Liberties Protections Threat Assessments: Controversy and Condemnation Fusion Centers and “Countering Violent Extremism” Conclusion Notes References 10 Perilous Policing: “That’s the Signpost Up Ahead” Perilous Communities Perilous Pursuits Perilous Policing: The Abolition of the Police Is Reform Imperiled? Renascence Community Oversight of the Police Civilian Oversight of the Police, Surveillance, and Technology Conclusion References Index
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