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Policing and Protest in an Age of Terror

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Abstract:

The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive powers of the state.2 Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and is a major goal of nations in transition to democracy, especially those in Eastern Europe.3 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order—and terrorism.
This paper is intended neither as an exposition of democratic theory nor the implications of Constitutional jurisprudence for policing in general. Rather, in it I intend to illustrate, using the New York City Police Department as an example, how a democratic police department may respond to terrorist threats while abiding by an emerging rule of law in the wake of two major attacks to New York City’s World Trade Center; and to policing anti-war protest since the United States invasion of Iraq.
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Name: The Law and Society Association
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http://www.lawandsociety.org


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MLA Citation:

Skolnick, Jerome. "Policing and Protest in an Age of Terror" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 24, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p187426_index.html>

APA Citation:

Skolnick, J. , 2007-07-24 "Policing and Protest in an Age of Terror" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p187426_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive powers of the state.2 Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and is a major goal of nations in transition to democracy, especially those in Eastern Europe.3 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order—and terrorism.
This paper is intended neither as an exposition of democratic theory nor the implications of Constitutional jurisprudence for policing in general. Rather, in it I intend to illustrate, using the New York City Police Department as an example, how a democratic police department may respond to terrorist threats while abiding by an emerging rule of law in the wake of two major attacks to New York City’s World Trade Center; and to policing anti-war protest since the United States invasion of Iraq.

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