Confronting Underground Justice
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Confronting Underground Justice
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Author : William R. Kelly
language : en
Publisher: Rowman & Littlefield
Release Date : 2018-10-29
Confronting Underground Justice written by William R. Kelly and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-29 with Law categories.
Plea negotiation is rife with due process concerns, including a heightened risk of coerced pleas, ignoring mens rea, serious questions about assistance of counsel, limited discovery and little litigation of the evidence, the conviction of innocent defendants and significant questions about fairness and equity. Plea negotiation is also the fast track to criminal conviction, tough punishment, and mass incarceration. From the perspective of public policy, plea negotiation perpetuates a harm based, retribution focused system of crime and punishment. Because of the failures of public health, the justice system has become a dumping ground for hundreds of thousands of mentally ill, substance addicted and abusing, and neurocognitively impaired offenders. And because of a tough on crime mentality and lack of information and options, the justice system routinely prosecutes and punishes these offenders. The evidence is quite clear that punishment does nothing to improve these circumstances and often exacerbates them. The result, as one would predict, is extraordinarily high rates of reoffending, propelling the revolving door of the justice system. Confronting Underground Justice takes a close look at plea negotiation, criminal prosecution, public defense, and pretrial justice systems and identifies a wide variety of problems and concerns with each. William R. Kelly and Robert Pitman provide key decision makers with the tools to make better, more informed decisions regarding pre-trial detention, prosecution and plea deals, criminal defense, and diversion to treatment. Critical to this effort is redefining roles, responsibilities and the culture of criminal justice by prosecutors, judges and defense counsel accepting responsibility for reducing recidivism and embracing problem solving as a primary decision making strategy. Kelly and Pitman combine decades of academic research and policy expertise, with real world experience in the court system, as a judge and prosecutor to develop innovative and comprehensive reform. Confronting Underground Justice provides a prescriptive roadmap for how to fundamentally reinvent plea negotiation, pre-trial decision making, criminal prosecution and public defense to effectively reduce recidivism and save money.
The Crisis In America S Criminal Courts
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Author : William R. Kelly
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-08-15
The Crisis In America S Criminal Courts written by William R. Kelly and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-15 with Law categories.
The Crisis in America’s Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and author, William R. Kelly, agrees, that crushing caseloads and court dockets certainly qualify as a crisis, Kelly suggests there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, Kelly proposes a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advice regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.
The Future Of Crime And Punishment
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Author : William R. Kelly
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-05-20
The Future Of Crime And Punishment written by William R. Kelly and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Political Science categories.
Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. Since the first publication of The Future of Crime and Punishment in 2015 there have been some significant changes in American criminal justice. While some efforts are moving in the right direction they are still nowhere close to meaningful criminal justice reform that focuses on large scale diversion and appropriate, expert treatment and rehabilitation of the majority of offenders. In this updated paperback edition, Kelly provides readers with updated crime, recidivism and the cost of crime statistics; notes the recent trends such as the modest reduction in incarceration; and discusses the impacts of the election of Trump, including his “law and order” stance as a candidate, his blurring of crime and immigration, the Justice Department’s renewed war on drugs and the opioid crisis by emphasizing a criminal justice response to a public health problem. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
The Routledge Handbook Of The Philosophy And Science Of Punishment
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Author : Farah Focquaert
language : en
Publisher: Routledge
Release Date : 2020-10-14
The Routledge Handbook Of The Philosophy And Science Of Punishment written by Farah Focquaert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-14 with Philosophy categories.
Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.
The Reinvention Of Policing
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Author : William R. Kelly
language : en
Publisher: Rowman & Littlefield
Release Date : 2023-07-03
The Reinvention Of Policing written by William R. Kelly and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-03 with Social Science categories.
Written in an accessible style, this book provides a historically grounded critique of American policing and offers implementable solutions, providing students a comprehensive understanding of modern policing. Contemporary policing is in crisis, a situation that has led to persistent calls to reform it. Unfortunately, many proposed solutions focus on piecemeal changes that ignore a fundamental problem—policing relies on a largely reactive approach that does not in any systematic or comprehensive way focus on crime prevention. Most of what the police do, such as responding to 911 calls for service and employing directed patrols or hot spots policing, fails to address the causes of crime. Compounding this problem is the absence of any institution or agency charged with prioritizing the prevention of crime and for ensuring that police efforts support this goal. A central distinguishing feature of this book is its comprehensive approach and the emphasis on policing as part of a much broader set of changes that must occur both to improve policing and to improve public safety and justice. This approach includes retaining what works, eliminating what does not, drawing on evidence-based policy from around the world, and creating systemic changes that institutionalize better policing, accountability, and evaluation processes for ensuring that the police are effective. The Reinvention of Policing can be used in courses focused on policing policy and practice, specifically when discussing the nature of policing, how policing may reflect and contribute to inequality and injustice, or how it might improve these social problems.
Broken Scales
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Author : Tom Diaz
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-10-15
Broken Scales written by Tom Diaz and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-15 with True Crime categories.
Humans are a species that classifies. We arrange the flow of the things and events that we see and experience, place them into categories, and erect boundaries around those categories. Among the boundaries that we erect are those that we put around groups of “other” human beings. The evil side of human classification of other human beings is that we sometimes create false categories of other people, as is often the case in racial, ethnic, and religious stereotypes. This unmindful creation of empty categories of human characteristics is what happened during two periods crucial to the construction of race in America. This is racism. The United States is in a period of deep cultural flux and conflict, much of it seen through the lens of race. Tom Diaz proposes that the everyday actions of ordinary people, in the context of extreme political and cultural polarization, distort the criminal justice system and betray the lofty ideals expressed in American founding documents and centuries of Anglo-American articulations of basic human rights. These everyday actions range across a spectrum from the armed intervention of private citizens in the forms of individual action, neighborhood watches, and citizen’s arrests, to the expectations imposed on law enforcement, in particular, and the criminal justice system in general.
Underground Codes
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Author : Katheryn Russell-Brown
language : en
Publisher: NYU Press
Release Date : 2004-02
Underground Codes written by Katheryn Russell-Brown and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-02 with Political Science categories.
Americans fear crime, are rattled by race and avoid honest discussions of both.
Penality In The Underground
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Author : Ron Dudai
language : en
Publisher: Oxford University Press
Release Date : 2022-06-27
Penality In The Underground written by Ron Dudai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-27 with Law categories.
Secret informers are often the biggest threat faced by underground rebel groups, which must respond to this challenge in order to survive. Using the IRA as a case-study, Penality in the Underground offers a systematic, in-depth analysis of this phenomenon, providing an empirical and theoretical account of the causes, forms, functions, and effects of the underground response to informers. While superficial media images tend to depict only ruthless killings, the book argues - using the lens of 'Punishment and Society' and drawing on rich interviews with IRA members and on archival sources - that groups such as the IRA develop complex systems of punishment and social control in their pursuit of informers. The book demonstrates how such systems are not only a mechanical response to a security problem, but are also shaped by other goals, risks, and imperatives, such as maintaining legitimacy, projecting a state-like image, and supporting governance efforts. This work thus identifies and explains some remarkable features of the IRA's pursuit of informers, such as the establishment of 'courts-martial', the granting of 'amnesties', the expansion of social control, the productive function of labelling 'treason' in asserting sovereignty, and the long-term consequences of the issue during transition out of conflict. By exploring the penal logics, practices, and discourses of armed rebel groups - engaged in direct struggle with the state agencies that normally carry out criminal justice - the book aims to expand the study of punishment and society and demonstrate its utility to the understanding of non-state actors.
Social Justice Activism And Diversity In U S Media History
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Author : Teri Finneman
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-12
Social Justice Activism And Diversity In U S Media History written by Teri Finneman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with History categories.
This book offers a diverse approach to journalism history told from a multimedia perspective, re-examining mainstream stories and highlighting contributions that are often overlooked. Bringing together a team of prominent journalism historians, the volume centers race and ethnicity, gender and sexuality, class, religion, disability, mental health and generations to tell forgotten stories of journalism’s historical influence. The book is designed to appeal to Generation Z college students, offering budding mass communicators a valuable tool that addresses gaps in historical pedagogy and fosters representation in the classroom. Each chapter contains access to video and podcast extras, chapter summaries, guides to further reading and suggested activities to bring these narratives alive and keep readers engaged. Interactive and accessible, Social Justice, Activism and Diversity in U.S. Media History is an indispensable resource for Generation Z, scholars in mass communication and American history, journalists and general readers.
Criminal Justice At The Crossroads
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Author : William R. Kelly
language : en
Publisher: Columbia University Press
Release Date : 2015-05-05
Criminal Justice At The Crossroads written by William R. Kelly and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-05 with Social Science categories.
Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.