DEMOCRATIC ORDER ANT THE RULE OF LAW (FROM ISSUES IN POLICE PATROL - A BOOK OF READINGS, 1973, BY T J SWEENEY AND W ELLINGSWORTH - SEE NCJ-25816)

• NCJ Number: 25817
• Author(s): J H SKOLNICK
• Date Published: 1973
• Length: 22 pages
• Corporate Author: Kansas City (MO) Police Dept; Police Foundation
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

AN EXAMINATION OF THE CONFLICTS BETWEEN THE GOALS OF SOCIAL ORDER AND THE RULE OF LAW IN A DEMOCRATIC SOCIETY, GOALS THAT THE AUTHOR FEELS ARE NOT SYNONYMOUS AND MAY OFTEN BE IN DIRECT CONFLICT WITH EACH OTHER.

Abstract

THE FIRST EXAMPLE IN ILLUSTRATION OF THE AUTHOR'S ARGUMENT IS THE HISTORICAL ABHORRENCE OF THE BRITISH PEOPLE TOWARD A NATIONWIDE POLICE FORCE. HE THEN DISCUSSES THE TRADITIONAL LAWLESSNESS OF AMERICAN POLICE METHODS IN LIGHT OF THE U.S. SUPREME COURT'S DECISION IN ESCOBEDO V. ILLINOIS IN WHICH THE COURT OVERTURNED A CONVICTION WHICH THE POLICE HAD OBTAINED BY DENYING COUNSEL TO THE DEFENDANT. THE AUTHOR ALSO DISCUSSES THE GUILTY PLEA AS A MECHANISM WHICH HIDES MANY ILLEGAL SUB ROSA PRACTICES BY THE POLICE AS WELL AS THE PROSECUTORS. FINALLY, HE CONTRASTS THE FUNCTIONS OF THE POLICE IN A TOTALITARIAN STATE WITH THOSE OF THE POLICE IN A DEMOCRACY.