The Prohibition Era and Policing: A Legacy of Misregulation
| Author | : | |
| Rating | : | 4.72 (622 Votes) |
| Asin | : | 0826521878 |
| Format Type | : | paperback |
| Number of Pages | : | 280 Pages |
| Publish Date | : | 2016-08-13 |
| Language | : | English |
DESCRIPTION:
State courts in the 1920s began to exclude perfectly reliable evidence obtained in an illegal search. Legal precedents created during Prohibition have lingered, leaving search-and-seizure law much better defined than limits on police use of force, interrogation practices, or eyewitness identification protocols. Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. An unlawful trunk search is thus guarded against more thoroughly than an unnecessary shooting or a wrongful conviction.Intrusive searches for alcohol during Prohibition destr
Oliver believes that Americans deserve a more effective and more accountable criminal justice system, and uses history to help us see our present system as both contingent and changeable."—Kenneth W. Biele Professor of Law and Affiliate Professor of History, Harvard Law School"Wes Oliver tells a fascinating story of criminal procedure in the early twentieth century, and he makes a novel, compelling argument for the centrality of the Prohibition Era in understanding the way the United States currently
Wesley M. . Oliver is Professor of Law at Duquesne University