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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: 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: Harold J. Rothwax
Publisher: Random House (NY)
ISBN:
Category : Adversary system (Law)
Languages : en
Pages : 266
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Book Description
Longtime New York State Supreme Court Justice Harold J. Rothwax now puts our criminal justice system on trial. His verdict: Guilty. In his view, we are fast becoming a nation of bad laws, in which criminals and defense attorneys hide behind a morass of poorly conceived statues, procedures, and technicalities that keeps them from resolving the paramount question at hand: Did the accused commit the crime?
Author: Alec Karakatsanis
Publisher: The New Press
ISBN: 1620975289
Category : Law
Languages : en
Pages : 130
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Book Description
From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.
Author: Michael Tonry
Publisher: University of Chicago Press Journals
ISBN: 9780226097510
Category : Law
Languages : en
Pages : 0
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Book Description
For thirty-five years, the Crime and Justice series has provided a platform for the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists as it explores the full range of issues concerning crime, its causes, and it remedies. For the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor and the partisan politics of “law and order” took over. Policymakers’ interest in science declined just as scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—in particular, sentencing, gun violence, drugs, and youth violence—became evidence-free zones. Crime and Justice in America: 1975-2025 tells the complicated relationship between policy and knowledge during this crucial time and charts prospects for the future. The contributors to this volume, the leading scholars in their fields, bring unsurpassed breadth and depth of knowledge to bear in answering these questions. They include Philip J. Cook, Francis T. Cullen, Jeffrey Fagan, David Farrington, Daniel S. Nagin, Peter Reuter, Lawrence W. Sherman, and Franklin E. Zimring.
Author: Thomas Nolan
Publisher: Routledge
ISBN: 0429676034
Category : Social Science
Languages : en
Pages : 190
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Book Description
Policing and police practices have changed dramatically since the 9/11 terrorist attacks and those changes have accelerated since the summer of 2014 and the death of Michael Brown at the hands of then-police officer Darren Wilson in Ferguson, Missouri. Since the November 2016 election of Donald Trump as president, many law enforcement practitioners, policy makers, and those concerned with issues of social justice have had concerns that there would be seismic shifts in policing priorities and practices at the federal, state, county, and local and tribal levels that will have significant implications for constitutional rights and civil liberties protections, particularly for people of color. Perilous Policing: Criminal Justice in Marginalized Communities provides a much-needed interrogatory to law enforcement practices and policies as they continue to evolve during this era of uncertainty and anxiety. Key topics include the police and marginalized populations, the use of technology to surveil individuals and groups, the emergence of the Black Lives Matter movement and the erosion of the police narrative, the use of force (particularly deadly force) against people of color, the role of the police in immigration enforcement, the "war on cops," and police militarization. Thomas Nolan’s critique of current practice and his preliminary conclusions as to how to navigate contemporary policing away from the pitfalls of discredited and counterproductive practices will be of interest to advanced undergraduates and graduate students in Policing, Criminology, Justice Studies, and Criminal Justice programs, as well as to researchers, law enforcement professionals, and police policy makers.
Author: Traci Burch
Publisher: University of Chicago Press
ISBN: 9780226064765
Category : Political Science
Languages : en
Pages : 0
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Book Description
The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind. For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system. The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.
Author: Committee on Causes and Consequences of High Rates of Incarceration
Publisher: National Academies Press
ISBN: 9780309298018
Category : Law
Languages : en
Pages : 800
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Book Description
After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Author: Franklin E. Zimring
Publisher: Oxford University Press
ISBN: 0199702535
Category : Social Science
Languages : en
Pages : 272
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Book Description
Many theories--from the routine to the bizarre--have been offered up to explain the crime decline of the 1990s. Was it record levels of imprisonment? An abatement of the crack cocaine epidemic? More police using better tactics? Or even the effects of legalized abortion? And what can we expect from crime rates in the future? Franklin E. Zimring here takes on the experts, and counters with the first in-depth portrait of the decline and its true significance. The major lesson from the 1990s is that relatively superficial changes in the character of urban life can be associated with up to 75% drops in the crime rate. Crime can drop even if there is no major change in the population, the economy or the schools. Offering the most reliable data available, Zimring documents the decline as the longest and largest since World War II. It ranges across both violent and non-violent offenses, all regions, and every demographic. All Americans, whether they live in cities or suburbs, whether rich or poor, are safer today. Casting a critical and unerring eye on current explanations, this book demonstrates that both long-standing theories of crime prevention and recently generated theories fall far short of explaining the 1990s drop. A careful study of Canadian crime trends reveals that imprisonment and economic factors may not have played the role in the U.S. crime drop that many have suggested. There was no magic bullet but instead a combination of factors working in concert rather than a single cause that produced the decline. Further--and happily for future progress, it is clear that declines in the crime rate do not require fundamental social or structural changes. Smaller shifts in policy can make large differences. The significant reductions in crime rates, especially in New York, where crime dropped twice the national average, suggests that there is room for other cities to repeat this astounding success. In this definitive look at the great American crime decline, Franklin E. Zimring finds no pat answers but evidence that even lower crime rates might be in store.
Author: James B Bolen PhD
Publisher: Page Publishing Inc
ISBN: 1641386959
Category : Political Science
Languages : en
Pages : 130
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Book Description
What war on drugs? Is our government complicit in the continued proliferation of the illegal drug trade in our nation? This supposed war on drugs has been ongoing for better than one hundred years with no apparent conclusion in sight. Perhaps we should entertain a new strategy to achieve ultimate victory in this never-ending conflict.Our criminal court system provides numerous avenues for offenders to eschew responsibility for their misdeeds. Overburdened criminal courts rely heavily u
Author: Roger Roots
Publisher: Createspace Independent Publishing Platform
ISBN: 9781492928898
Category : Criminal courts
Languages : en
Pages : 304
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Book Description
Dr. Roger Roots, America's most provocative scholar of criminology and constitutional history, argues that America's criminal courts have gradually abandoned adversarial due process and embraced a more inquisitorial model of justice favored by prosecutors. In theory, convicting someone of a crime should be more difficult than obtaining a civil judgment by winning a lawsuit against him. The burden of proof is higher (beyond a reasonable doubt in criminal cases, as opposed to a mere preponderance of evidence in civil cases), and there are supposedly a number of constitutional protections for criminal defendants that do not apply to civil litigants. However, in modern courtrooms, convictions are obtained almost effortlessly by prosecutors. In The Conviction Factory, Dr. Roots traces the history of American criminal justice from its roots in English common law and then follows this history into the twenty-first century. Roots details how the adversarial model of justice, which pits the prosecution against the defendant on a level playing field, has been quietly and slowly whittled away. This book is exhaustively footnoted. It represents a continuation (and partially a compilation) of Roots' previously published law review articles on the subject of criminal procedural history. The Conviction Factory is more than just a history of criminal procedure. It is a gripping yarn that provokes fundamental questions about fairness, justice and trust in the institutions of government.
