Constitutional Policing

Excerpts taken from:

A Legal and Lawful Examination of the problems of Constitutional Law Enforcement by Policy and Code Enforcers (legal terms wronfully defined Italicized and in red)

Racial Issues and Constitutional Policing

“I am struggling with the positive ideas that I’m hearing
around this room about constitutional policing, compared
with what I’ve witnessed for the last few months. I’ve
been in Ferguson, in New York, in Seattle, in Albuquerque,
and there is a disconnect between what I’m hearing today
and what I’m seeing in these cities, what I’m seeing on
Facebook, and what’s going on across the United States
and how people are reacting. “
—Retired Madison (Wisconsin) Police Chief Noble Wray

The “racial gap” in perceptions of the police
If the goal before law enforcement agencies is to
provide constitutional policing and strengthen
their legitimacy within the community, the first
step is to understand why many community
members have raised concerns about some of
their policies and practices.

 

At the heart of this issue are questions of
race relations.

 

As retired Madison (Wisconsin) Police Chief
Noble Wray noted, there is a disconnect between
the work that police departments have put into
engaging with their communities in positive
and productive ways and the perceptions that
many community members have of the policing
profession as a whole—perceptions that have
been expressed in large-scale protests across the
country in recent months.

These protests have centered on the experiences
of minority communities and questions of
disparate treatment, particularly with respect
to the use of deadly force.

The “racial gap” in perceptions of the police (cont.) Perceptions of the police are sharply divided
along racial lines. Indeed, race is one of the single
greatest determining factors in how an individual
perceives the police, with African Americans
much more likely to express negative views
of the police than Whites

 

As one report notes,
Blacks are more likely to believe that the police
generally treat Blacks more harshly than Whites
and that police racism and prejudice against
Blacks is common.”

 

A 2014 Pew Research Center poll underscores
this profound difference. When asked if the
events in Ferguson raised “important issues about
race that need to be discussed,” fully 80 percent
of African-American respondents said “yes,” in
contrast to 37 percent of White respondents.

 

Three-quarters of African-American respondents
said that they had “little or no confidence in the
investigations” into the shooting; only 33 percent
of White respondents shared that view.

 

This difference between Whites and African
Americans
regarding their opinions of the police
and the justice system is persistent, regardless of
how the questions are phrased. It is also a much
wider gap than political scientists typically find
regarding comparable questions, such as “gender
gap” issues where men and women express
different views.

                     End of Excerpt. Full Report Here

The examination of the issue decribed in the PERF report has ,within the text of the report,  the very problem facing both the community and the public servants entrusted with authority.

A Fundamental understanding of lawful terms and their meanings. 

Law is a language that has specific meaning outside of Nationality

black-s-law-dictionary-4th-edition.jpg
Connotative Language is Not Heard In Courts of Law
Judges Know This! Attorneys Know This! And They Both Know That You Don't Know This!
However, Ignorance of The Law Is NO Excuse!
They Count On This!

Research Denotative Meanings:

African-American  is a Compound Word

(Didn't exist as a term not a word before 1991)

black (small capitalization) Adjective

(Denotes social, legal status or skin complexion not race or nationality)

white (small capitalization) Adjective

(Denotes social,  legal status, or skin complexion not race or nationality)

civilian One who is versed in civil law Noun

civil liberties Inalienable rights guaranteed by the Bill of Rights and Constitution Noun

civil rights Statues passed, post civil war, to protect against discrimination, race, religion, and gender Noun

Minor (Denotes legal status not race or nationality)  Noun

Minority (Denotes legal status not race or nationality)  Noun

The Truth Is:
What You Don't Know
Will Kill You! (legally Dead)
Civiliter Mortuus

Constitutional Policing as a Cornerstone of Community Policing
Below are half-step measures and misconceptions that should but don't recognize

Article VI of the Constitution For The United States of America (1789)

"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

 

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

 

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Constitutionality and legitimacy (page 11 of 48)

“What we need to understand is that ‘constitutional policing’ is both foundational and aspirational for the police. The Constitution, in other words, provides both the basic legal framework within which we operate and the larger ethos which we strive to embody.”—Retired Madison (Wisconsin) Police Chief Noble Wray

 

The term “constitutional policing” is often used in a limited context, in terms of deciding whether a certain policy or practice by a police department, or a particular officer’s actions in a certain situation, adhere to the requirements of the U.S. Constitution and state constitutions, as defined in opinions handed down by the courts.

 

The post-Ferguson protests that have occurred nationwide prompted the COPS Office to engage law enforcement executives in a discussion about how constitutional policing should inform law enforcement strategies and program implementation in a more comprehensive way. Too often, discussions about constitutional policing occur only “after the fact”—as police officials, community members, and the courts look back at an incident and decide whether police actions fell within the rules and guidance laid out in court precedents and the text of the Constitution.

 

There is a growing recognition among police leaders that constitutional policing is a concept that should be on the minds of police officers, supervisors, commanders, and department leaders on an everyday basis. And rather than focusing only on the narrow question of whether a particular action by an officer can survive legal scrutiny, forward-thinking police leaders are reviewing their policies and practices to ensure that they not only promote community policing and crime reduction, but also advance the broad constitutional goal of protecting everyone’s civil liberties and providing equal protection under the law.

Constitutionality and legitimacy (continued)

“Participants at the 2014 COPS Office/PERF conference agreed that often there is a gulf between policies and practices that meet the minimum requirements of the Constitution and those perceived as legitimate in the community.


The policing profession has paid a great deal of attention in recent years to the concept of legitimacy. Legitimacy is the extent to which the community believes that police actions are “appropriate, proper, and just.” If the police have a high level of perceived legitimacy in a community, members of the community tend to be more willing to cooperate with the police and to accept the outcome of their interactions with the police. As a result, legitimacy is important not only for its own sake, but also because success in achieving key goals (such as reducing crime rates) can depend largely on whether the community supports the police.


Thus, constitutional policing and legitimacy in policing are related concepts, but they are not the same thing.

 

Constitutional policing is necessary but not sufficient; it is a baseline standard. If a police department engages in unconstitutional policing, it can be taken to court and forced to change its policies or practices. And a court will state, one way or the other, whether a given policy or practice is constitutional or unconstitutional.
 

Legitimacy is a more relative concept. A police department may have varying degrees of legitimacy over time, which can be measured, for example, by surveys that reveal the percentage of community members who believe that a police practice is legitimate, and/or the overall perceived legitimacy of its operations. Certain practices of a police department may be considered legitimate, while others are not. (Not Law Enforcement)

                                                  End of Excerpt

*** Civil Liberties (Bill of Rights) are the only true Laws on/of the Land, created for the protection of the people, that any federal, state, county, city agency or court is bound to recongnize.

Article VI, paragraph 2 and 3 of the Constitution For The United States of America (1789)