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June 20, 2018

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
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Gang Loitering
Last Featured: 2/2/1999

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Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.

In this edition of Justice Talking, our live audience, host Margot Adler and two knowledgeable attorneys on different sides of the issue ask ‘how do we balance our need to feel and be safe in our communities with the individual`s right to gather with friends on street corners and in public parks?’ That is the central question of a case that recently came before the U.S. Supreme Court: Chicago v. Morales, which examined the constitutionality of a Chicago law that allowed police to order suspected gang members off the street. During the three years that the law was enforced, Chicago police engaged in periodic ``street sweeps,`` arresting tens of thousands of people, most of whom were African American and Latino men.

Miguel Estrada is an attorney with the Washington D.C. law firm of Gibson, Dunn and Crutcher where he concentrates on appellate litigation and white collar crime. After graduating magna cum laude from Harvard Law School in 1986, Mr. Estrada clerked for Circuit Court Judge Amalya Kearse and United States Supreme Court Justice Anthony Kennedy and thereafter joined the law firm of Wachtell, Lipton, Rosen & Katz in New York. In 1990, Mr. Estrada became an Assistant U.S. Attorney where he prosecuted numerous federal criminal cases for the United States Attorneys Office in the Southern District of New York. From 1992 to 1997, Mr. Estrada argued numerous Supreme Court cases when he served as a Deputy Solicitor General, the U.S. Government's representative to the High Court.

Harvey Grossman is the Legal Director of the American Civil Liberties Union of Illinois (ACLU) and its legal arm, the Roger Baldwin Foundation of ACLU, Inc. and the lead counsel for the plaintiffs in Chicago v. Morales, the subject of today's debate. In addition to developing and supervising the ACLU of Illinois' docket of civil liberties cases, Mr. Grossman has served as counsel in a broad spectrum of constitutional litigation involving free speech and association, search and seizure, police practices and privacy rights. For example, Mr. Grossman was the principal attorney in cases that reformed the health care system in Illinois prisons; successfully challenged as racially discriminatory, the electoral form of city government in Cairo, Illinois; halted street sweep arrests by the Chicago Police; and found that a policy of non-consensual searches of public housing apartments violated the Fourth Amendment. In addition, Mr. Grossman served as lead counsel in O'Hare Truck Service v. City of Northlake, in which the United States Supreme Court ruled that patronage practices violated the First Amendment rights of government contractors. Mr. Grossman, who has written about civil liberties and been a frequent speaker at academic and professional conferences, is a 1973 cum laude graduate of Northwestern University School of Law.

Closing Quote
"Do we understand the idea of freedom well enough to know with some practical certainty that we are examining the same idea? I think many thoughtful Americans would have a difficult time accepting the idea that they do not understand freedom well. We fought wars to protect and defend it from barbarians and enemies. We all seem to agree that we are in favor of freedom. Our basic documents the Constitutions, both federal and state, and the Bills of Rights, both federal and state, -- offered enough guidance to get Americans through 200 years, and these documents still stand in daily operation and are tested in courts by reasonably well educated people. Yet [there is] solid evidence that America is too free and not free enough. How could such a basic contradiction continue to exist in the minds of very sincere, intelligent, and well-meaning people if something fundamental is not missing from public discourse?"

— David Saari

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
Justice Policy Institute
Association of Criminal Defense Lawyers
National District Attorneys Association
Community Policing Consortium
Policing.com, Community Criminal Justice: What Community Policing Teaches, December 3, 1998.
National Crime Prevention Council, Crime Prevention and Community Policing: A Vital Link, December 3, 1998.
University of Nebraska, Community Policing: An Overview, December 3, 1998
Green, The Case for Community Policing, November 1, 1997, United States Information Agency
Crews : Gang Members Talk With Maria Hinojosa
by Maria Hinojosa, German Perez (Illustrator)
Monster : Autobiography of an L.A. Gang Member
by Sanyika Shakur and Monster Kody Scott
Peace in the Streets : Breaking the Cycle of Gang Violence
by Arturo Hernandez
The Right to a Jury Trial
Bail Bondsmen, Bounty Hunters and Private Prisons
Innovations in Policing