Law in Contemporary Society

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AndrewCaseFirstPaper 3 - 26 Mar 2009 - Main.IanSullivan
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 Or maybe we need to reconsider how important that face-to-face you’re giving the kid really is. Maybe giving someone the power to tell their story, and to really listen to them when they do it, is the real justice. Maybe the only person who ever thought about punishment and vengeance was you. Maybe you should turn an ear to what people really want, and all people really want is a person who can turn an ear.
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  • Or something in between. Even if citizens expect nothing more than the dignity of being heard, and even if we understand that the leeway given to the police is always going to lie outside the limits of discretionary enforcement applied to non-police, there are cases that will offer opportunities for social process to improve. The question is whether the CCRB can find tools that work at changing police behavior more effectively than attempts to punish officers who have gone to the margins of the gray zone too often.

  • Donald Black would say that there is less law that applies to police than to other persons, but that doesn't necessarily mean impunity. Treating the lieutenant as a criminal in the tasering case may not be the result we want: the failure was in having no other styles of response available than impunity and prosecution. One doesn't become a captain by taking responsibility for matters that can legitimately be blamed on someone else, so the lieutenant is left to pay the price for failures of the precinct and the force. If Ray Kelly sees both carrots and sticks for increasing the department's capacity to treat mentally disturbed citizens more competently, he can make it happen. The funeral of a lieutenant is just an opportunity to bond with the union leadership.

  • I don't think there's anything much you need to do with this piece. It's well-crafted and economically put together. More substantive consideration of the dignitary importance of the right to be heard would be desirable, but that's another essay.
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Revision 3r3 - 26 Mar 2009 - 22:05:30 - IanSullivan
Revision 2r2 - 27 Feb 2009 - 03:21:40 - AndrewCase
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