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Closeīut there is another reason her dissent is remarkable: It touches on an aspect of criminal procedure decisions that for too long has gone unnoticed, unrecognized, and unremarked upon. Bell, Police Reform and the Dismantling of Legal Estrangement, 126 Yale L.J.
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I am not the only scholar to laud these aspects of Justice Sotomayor’s dissent. It is exceptional, too, for her directness in accusing the majority of further enabling the police to treat certain individuals “as second-class citizens.” 3 3 Du Bois, Michelle Alexander, James Baldwin, Ta-Nehisi Coates, Jack Chin, Marie Gottschalk, Lani Guinier, and Gerald Torres indeed, it is noteworthy, for bringing Critical Race Theory into Supreme Court jurisprudence. On one level, her dissent is noteworthy for its references to W.E.B. Strieff, a case holding that even when a police stop is completely unjustified, evidence discovered during that stop may still be admissible, 2 2 Perhaps the most remarkable aspect of the Court’s recent decision in Utah v. Strieff, Justice Sotomayor, dissenting 1 1ġ36 S. “ that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be catalogued.” Finally, I owe a special thanks to Alexsis Johnson and the staff of the Columbia Law Review for their outstanding editorial assistance. Matthew Drecun, Christopher Duffy, and Tenisha Williams provided invaluable research assistance. For comments, suggestions, and feedback, I am especially grateful to Liz Anker, Josh Bowers, Devon Carbado, Sherry Colb, Kristin Collins, Michael Dorf, Karen Engle, Howard Erichson, Dan Greenwood, Ben Justice, Jennifer Laurin, Youngjae Lee, Robin Lenhardt, Wayne Logan, Tracey Maclin, Tracey Meares, Eric Miller, Justin Murray, Kimani Paul-Emile, Paul Radvany, Aziz Rana, Jocelyn Simonson, David Alan Sklansky, Carol Steiker, Nelson Tebbe, Erika Thomas-Yuille, and Jordan Blair Woods.
#Above suspicion 1995 movie courtroom scene series#
This Essay benefited from faculty presentations at Boston University School of Law and Cornell Law School, presentations at the “Deconstructing Ferguson” Working Group at the Institution of Social and Policy Studies at Yale University, and Fordham Law School’s Speaker Series on Race and Ethnicity sponsored by Fordham’s Center on Law, Race, and Justice. August Professor of Law, Brooklyn Law School. * Visiting Professor of Law, Boston University School of Law (Fall 2017) Visiting Professor of Law, University of Texas School of Law (Fall 2016) Stanley A.
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And it takes a first step in imagining a space in which citizens would have the ability, without repercussions or recrimination, to talk back to the police, to ask why and how come, to assert their rights, to question and test the boundaries of the law, and to say “no.” At this time-when the criminal justice system is the primary civics education for so many individuals, when so many criminal procedure opinions are also on a certain level race opinions-the Court’s citizenship talk may very well further inequality.
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These concerns alone should be reason enough to question the Court’s citizenship talk. Criminal Procedure and the Good Citizen surfaces this aspect of the Court’s criminal procedure decisions to explore a series of questions about the nature of power, participation, and citizenship today, especially with respect to the police. Read between the lines, and the Court’s “citizenship talk” also dictates how a good citizen should behave, move, and even speak. Embedded in the Supreme Court’s criminal procedure jurisprudence-at times hidden in plain sight, at other times hidden below the surface-are asides about what it means to be a “good citizen.” The good citizen, for example, is willing to aid the police, willingly waives their right to silence, and welcomes police surveillance. There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon.