Presumed Guilty - How the Supreme Court Empowered the Police and Subverted Civil Rights

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Police are nine times more likely to kill African American men than other Americans, with nearly one in every thousand dying at the hands of an officer. Erwin Chemerinsky argues that this disparity is not accidental but stems from doctrines that allow police and courts to presume suspects, particularly people of color, guilty before charges are filed. While the focus on police violence and racism is growing, the blame often misplaces responsibility on law enforcement rather than on the courts, especially the Supreme Court. Chemerinsky presents a compelling history of judicial failure, illustrating how the Supreme Court has perpetuated racist practices such as profiling and intimidation while legitimizing excessive law enforcement actions that disproportionately harm people of color. For most of its history, the Supreme Court has favored police, rarely ruling against them unless conduct was egregious. Although the Warren Court of the 1950s and 1960s imposed significant constitutional limits on policing, this liberal era was short-lived, giving way to conservative justices whose rulings have facilitated practices like stop-and-frisks and restricted avenues for challenging police misconduct. Chemerinsky argues that meaningful reform in policing requires a court system committed to civil rights, making this work a vital contribution to discussions on racial inequality and reform.