LEGAL 250 Lecture Notes - Lecture 30: Terry Stop, Popular Will, Selective Prosecution
26 Sep 2016
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Document Summary
Clash of ideals (i. e. law reflects popular will/law resists popular will) Theories of law"s relation to popular will: o o: law is organic: (i. e. from cultural expressions of popular will) Law is an organic creation from culture, reflects the population"s values: law is inorganic and the law-popular will connection is broken (i. e. doesn"t necessarily reflect cultural expression of popular will) When the culturally ways of handling discourse doesn"t work anymore, laws are born. Equal and open to (limited and constrained) expressions of popular will: examples of law and popular will: Massachusetts marijuana legalization same-sex rights from romer, goodridge and obergefell. Csi in history or police power (i. e. health, safety, welfare, morality) regulation of marriage as one man/one woman. Responses to perceived criminal justice problems (then/now): community policing, broken windows, more/better data - intelligence, more/better communication - with target populations, more/better responsiveness to more situations (i. e. not just crime related), and yes - more arrests.
