RISE OF POLICE LOGIC (FROM READINGS IN CRIMINAL JUSTICE 77/78 - ANNUAL EDITIONS, 1977, BY D E J MACNAMARA - SEE NCJ-38446)

• NCJ Number: 38447
• Author(s): S ARONS
• Date Published: 1977
• Length: 3 pages
• Corporate Author: Dushkin/McGraw Hill Publishing Group, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE AUTHOR EXAMINES THE IMPLICATIONS OF THREE U.S. SUPREME COURT DECISIONS WHICH, HE CONTENDS, HAVE SHARPLY RESTRICTED CONSTITUTIONAL GUARANTEES OF PERSONAL PRIVACY AND EXPANDED POLICE POWERS OF SEARCH SEIZURE.

Abstract

THE SUPREME COURT DECISIONS IN U.S. V. ROBINSON, GUSTAFSON V. FLORIDA, AND U.S. V. CALANDRA ARE EXAMINED. THE AUTHOR ARGUES THAT IN THESE DECISIONS THE SUPREME COURT HAS ADOPTED 'POLICE LOGIC' - A FORM OF THINKING WHICH HOLDS THAT CRIME DETECTION IS SOCIETY'S ULTIMATE VALUE AND OVERRIDING PRIORITY. HE MAINTAINS THAT THE RISE OF POLICE LOGIC MEANS THAT AMERICAN ANXIETY REGARDING VIOLENT CRIME HAS BEEN TRANSFORMED INTO SUPPORT FOR POLICE PRACTICES CONTRADICTING THE CONSTITUTION AND HOLDING A MINIMAL POSSIBILITY FOR REDUCING CRIME. AFTER REVIEWING THE PROVISIONS AND IMPLICATIONS OF THESE THREE CASES, THE AUTHOR CONCLUDES THAT A DEFERENCE TO POLICE DISCRETION IS BECOMING CHARACTERISTICS OF THE SUPREME COURT. HE CALLS ON THE AMERICAN PUBLIC TO REVERSE THIS TREND WHILE IT CAN STILL BE DONE.