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KQED's Forum

Erwin Chemerinsky on How the Courts Enable Police Misconduct

KQED's Forum

KQED

News, Politics, News Commentary

4.2 • 726 Ratings

šŸ—“ļø 23 August 2021

ā±ļø 54 minutes

šŸ§¾ļø Download transcript

Summary

The use of the kind of chokehold that killed George Floyd last year should, according to constitutional law scholar Erwin Chemerinsky, be a clear-cut violation of the Fourth Amendment's ban on excessive police force. But as Chemerinsky explains in his new book "Presumed Guilty," chokeholds remain in use in most of the United States because of a decades-old Supreme Court decision that tightly restricts federal lawsuits challenging police misconduct. We'll talk about theĀ judicial doctrines that enableĀ illegal police behavior and how to reform them. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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From KQED.

0:48.3

From KQED.

0:49.3

From KQED Public Radio in San Francisco, I'm Mina Kim.

0:59.0

Coming up on forum, in the wake of George Floyd's murder at the hands of a Minneapolis police officer,

1:05.0

we saw a rare level of national and international attention on violence and racism in policing.

1:11.6

Protesters and their signs did not call out the U.S. Supreme Court,

1:16.6

but constitutional law scholar Erwin Chemerinsky says they'd be well justified if they had.

1:22.6

In his new book, Presumed Guilty, Chemerinsky lays out how the Supreme Court, through its decisions,

1:28.3

has sanctioned excessive use of force, and enabled racist policing.

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