Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 9: The So-Called Right to Remain Silent
Tag: Doreen McBarnet
The Real World of the Rule of Law, Part 8: So-Called Voluntary Statements Made by a Charged Person Include Many Actions that a Normal Person Would Not Define as Voluntary
Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 8: So-Called Voluntary Statements Made by a Charged Person Include Many Actions that a Normal Person Would Not Define as Voluntary
The Real World of the Rule of Law, Part 7: From Citizen to Accused, and then From Citizen to Suspect with the Emergence of the Police
Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 7: From Citizen to Accused, and then From Citizen to Suspect with the Emergence of the Police
The Real World of the Rule of Law, Part 6: The Rhetorical Right Not to Be Interrogated Once Charged Versus the Reality of the Right of Police to Interrogate
Introduction As some of the left fall all over themseves referring to the genocide in Gaza and the West Bank as a breach of international law without gaining any criticial distancing from the limitations of "the law," , the actual nature of law and its procedural acrobatics lies hidden. It is better to remind workers, … Continue reading The Real World of the Rule of Law, Part 6: The Rhetorical Right Not to Be Interrogated Once Charged Versus the Reality of the Right of Police to Interrogate
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Five: The Rhetoric of the Need for a Warrant Versus the Reality
Introduction This is a continuation of a series that exposes the reality of courts as part of the exposure of the reality of the rule of law. The series involves quotes from the book by Doreen McBarnet (1983) Conviction: Law, the State and the Construction of Justice as well as short commentaries related to the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Five: The Rhetoric of the Need for a Warrant Versus the Reality
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Four: To Resist or Not to Resist the Police
Are You Arrested? The Ambiguity of Being Detained by the Police When a police officer stops a citizen, an immigrant or a migrant worker, it may be understandably unclear whether s/he is arrested or not and what s/he can do or not do if stopped by the police. From McBarnet, page 36: Arrest-that is, the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Four: To Resist or Not to Resist the Police
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Three: Arbitrary Arrest and Police as Privileged Citizens
Introduction This is a continuation of a series that exposes the reality of courts as part of the exposure of the reality of the rule of law. The series involves quotes from the book by Doreen McBarnet (1983) Conviction: Law, the State and the Construction of Justice as well as short commentaries related to the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Three: Arbitrary Arrest and Police as Privileged Citizens
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Two: The Case, Not the Truth, is Relevant in Court Proceedings
Introduction This is a continuation of a previous post (The Real World of the Rule of Law: Courts as Oppressive Organizations, Part One). I explored how judges influence what juries define as "reasonable doubt." As I indicated in the previous post: The following series of posts are meant to complement the series of posts on the … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part Two: The Case, Not the Truth, is Relevant in Court Proceedings
The Real World of the Rule of Law: Courts as Oppressive Organizations, Part One
Introduction The following series of posts are meant to complement the series of posts on the issue of reforming versus abolishing the police (see for example Reform or Abolition of the Police, Part One or Reform Versus Abolition of the Police, Part 8: The Police and the Political Economy of Capitalism). The following is mainly a series … Continue reading The Real World of the Rule of Law: Courts as Oppressive Organizations, Part One
Socialism, Police and the Government or State, Part Two
This is a continuation of a previous post. It is a response to Mr. Sam Gindin's article, We Need to Say What Socialism Will Look Like , where he argues that under socialism the government or state will not "wither away" but will expand as public services expand. Mr. Gindin's conception of the expansion of … Continue reading Socialism, Police and the Government or State, Part Two
The Abolitionary 