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Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 320
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Book Description
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 320
Get Book
Book Description
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 0674051750
Category : History
Languages : en
Pages : 425
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Book Description
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Author: Clare Dyer
Publisher: Penguin UK
ISBN: 0141965053
Category : Law
Languages : en
Pages : 293
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Book Description
The authors explain and discuss how the justice system evolved, the way it operates - including vivid descriptions of the trial process - and how lawyers work. Revised and updated throughout for this fifth edition, THE LAW MACHINE surveys recent developments in the workings of justice and the outlook for the future. 'Refreshingly free of the patronizing attitude and the humbug with which other books about the legal system are riddled' - THES
Author: R. M. Jackson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 618
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Book Description
Author: Roscoe Pound
Publisher: Routledge
ISBN: 1351288822
Category : Law
Languages : en
Pages : 236
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Book Description
Roscoe Pound believed that unless the criminal justice system maintains stability while adapting to change, it will either fossilize or be subject to the whims of public opinion. In Criminal Justice in America, Pound recognizes the dangers law faces when it does not keep pace with societal change. When the home, neighborhood, and religion are no longer capable of social control, increased conflicts arise, laws proliferate, and new menaces wrought by technology, drugs, and juvenile delinquency flourish. Where Pound saw the influence of the motion pictures as part of the "multiplication of the agencies of menace," today we might cite television and the Internet. His point still holds true: The "old machinery" cannot meet the evolving needs of society. In Criminal Justice in America,Pound points out that one aspect of the criminal justice problem is a rigid mechanical approach that resists change. The other dimension of the problem is that change, when it comes, will result from the pressure of public opinion. Justice suffers when the public is moved by the oldest of public feelings, vengeance. This can result in citizens taking the law into their own hands--from tax evasion to mob lynchings--as well as in altering the judicial system--from sensationalizing trials to producing wrongful convictions. Ron Christenson, in his new introduction, discusses the evolution of Roscoe Pound's career and thought. Pound's theories on jurisprudence were remarkably prescient. They continue to gain resonance as crimes become more and more sensationalized by the media.Criminal Justice in America is a fascinating study that should be read by legal scholars and professionals, sociologists, political theorists, and philosophers.
Author: Alexandra Natapoff
Publisher: Basic Books
ISBN: 0465093809
Category : Law
Languages : en
Pages : 320
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Book Description
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0195374681
Category : Law
Languages : en
Pages : 318
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Book Description
The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.
Author: David R. Dow
Publisher: Routledge
ISBN: 1135326398
Category : Political Science
Languages : en
Pages : 320
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Book Description
Thurgood Marshall said that the more people learned about the death penalty, the more they'd be against it. It's racist, unfair to poor people and the mentally retarded, and far too often ends horribly in the state sanctioned murder of innocents. And no one, no matter how much they're paid, likes to be involved with death itself. In Machinery of Death , death penalty lawyer David R. Dow and writer Mark Dow bring together diverse views from lawyers, wardens, victims' families, executioners and inmates to show how America's death penalty system actually works, and what it does to those who come in contact with it. Arguing that the more we know about the system the more we'll oppose it, the book offers harrowing story after story of racist juries and unjust rulings, of backward judges and public defenders, and of families facing the ultimate decision. Together, these intimate and shocking writings show that in practice, the death penalty is impossible to administer in a fair, workable manner. This is the first death penalty book to look beyond innocence and morality, arguing against executing even the guilty people. Machinery of Death is a crucial link in the fiery public debate over the meaning and usefulness of this deeply flawed system.
Author: William T. Pizzi
Publisher: Routledge
ISBN: 1000180468
Category : Fiction
Languages : en
Pages : 314
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Book Description
The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.
Author: Joan E. Jacoby
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 292
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Book Description
In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. Prosecutors have a powerful and generally little-understood role in the criminal justice system. Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence—all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The Power of the Prosecutor: Gatekeepers of the Criminal Justice System explores the real-world actions and outcomes of local prosecutors through five well-known cases, documenting the variety of pressures prosecutors face both within and outside their offices as they attempt to make the best decisions about crimes and defendants. Written by individuals who have actively engaged prosecutors in practically every U.S. state over 30 years' time, the book examines actual case profiles that enable readers to witness how prosecutors reach their behind-the-scenes decisions and grasp how the criminal justice system operates. The authors explain the variations in prosecution, including the effects of policies and priorities, action choices available, and the types of both internal and external relationships with other participants in the system: the police, the courts, the defense counsel, and the community they represent. Readers will come away with in-depth knowledge and understanding of the complexities and pressures faced by prosecutors in upholding justice under a wide variety of conditions.
