Constitutional Policing: Eliminating the "Lawful but Awful"

Initially, the concept of Constitutional Policing was based on the adherence to constitutional restrictions on law enforcement action. This narrow construct left a gap that allowed for the “lawful but awful” actions that, although legal, led to societal pressures and calls for change. This narrow concept of Constitutional Policing has developed from a singular focus on Constitutional Legality, to a broader concept that acknowledges the importance of Constitutional Legitimacy beyond what is lawful. This broader concept recognizes the key role Constitutional Policing (both legality and legitimacy) has as the foundation upon which Community Policing programs must be built. This presentation will explore this new model of Constitutional Policing that bridges the “lawful but awful” gap.