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Police Professionalism and the Rights of Criminal Defendants

NCJ Number
123664
Journal
Criminal Law Bulletin Volume: 26 Issue: 2 Dated: (March-April 1990) Pages: 155-166
Author(s)
C E Smith
Date Published
1990
Length
12 pages
Annotation
This article discusses the relationship between police professionalism and judicial decisions affecting the rights of criminal defendants.
Abstract
U.S. Supreme Court justices in the Warren era of the 1960's made landmark decisions that protected citizens' rights in the criminal justice process, based on extensive documentation of police abuses of those rights. This ushered in a period of police reform that stimulated professionalized law enforcement agencies. The Court's current conservative majority apparently lacks any memory of "unprofessional" police conduct. Their decisions have relaxed requirements for police conduct and will probably continue to do so in the future. Greater responsibility will be placed on State governments, local authorities, and the police themselves to ensure that police misconduct does not occur; however, in the absence of judicial action to curb police misconduct, it is less likely that it will be curbed by other forces. The immediate future does not look promising for the clarification and protection of fourth, fifth, and sixth amendment rights from intrusion by police officers. 47 footnotes. (Author abstract modified)