Search results for ""author henry f. fradella""

Sex and Privacy in American Law presents empirical analyses of civil and criminal state court decisions applying the U.S. Supreme Court's landmark decision in Lawrence v. Texas. After tracing key historical and legal developments leading up to the Lawrence decision's decriminalization of sodomy on substantive due process grounds in 2003, the study employs both quantitative and qualitative content analyses of 307 cases citing Lawrence over the two decades since it was decided. Results indicate that judicial decisions rarely embraced broad readings of Lawrence in criminal cases. In fact, Lawrence's long-term impact on criminal law has largely remained as limited as some commentators predicted shortly after the case was decided. In civil cases, courts tended not to rely on Lawrence significantly in most business and employment law cases. Courts that applied Lawrence in family law disputes – especially those involving same-sex couples – often construed the case narrowly at first, but broadened their interpretations after Obergefell v. Hodges brought marriage equality to the United States. Lawrence also impacted LGBTQ+ civil rights claims. Statistically significant geographic differences were found relating to how courts used Lawrence in those cases, with judges in Northeastern and Pacific coastal states having applied the precedent broadly, while judges in Southern and Midwestern states tending to have applied the case more narrowly. The implications are explored generally and within the specific context of the constriction of substantive due process rights in the wake Dobbs v. Jackson Women's Health Organization.

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Winner, 2019 Outstanding Book Award, given by the American Society of Criminology’s Division of Policing Section The first in-depth history and analysis of a much-abused policing policy No policing tactic has been more controversial than “stop and frisk,” whereby police officers stop, question and frisk ordinary citizens, who they may view as potential suspects, on the streets. As Michael White and Hank Fradella show in Stop and Frisk, the first authoritative history and analysis of this tactic, there is a disconnect between our everyday understanding and the historical and legal foundations for this policing strategy. First ruled constitutional in 1968, stop and frisk would go on to become a central tactic of modern day policing, particularly by the New York City Police Department. By 2011 the NYPD recorded 685,000 ‘stop-question-and-frisk’ interactions with citizens; yet, in 2013, a landmark decision ruled that the police had over- and mis-used this tactic. Stop and Frisk tells the story of how and why this happened, and offers ways that police departments can better serve their citizens. They also offer a convincing argument that stop and frisk did not contribute as greatly to the drop in New York’s crime rates as many proponents, like former NYPD Police Commissioner Ray Kelly and Mayor Michael Bloomberg, have argued. While much of the book focuses on the NYPD’s use of stop and frisk, examples are also shown from police departments around the country, including Philadelphia, Baltimore, Chicago, Newark and Detroit. White and Fradella argue that not only does stop and frisk have a legal place in 21st-century policing but also that it can be judiciously used to help deter crime in a way that respects the rights and needs of citizens. They also offer insight into the history of racial injustice that has all too often been a feature of American policing’s history and propose concrete strategies that every police department can follow to improve the way they police. A hard-hitting yet nuanced analysis, Stop and Frisk shows how the tactic can be a just act of policing and, in turn, shows how to police in the best interest of citizens.

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Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.

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