Punishment Without Trial
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Punishment Without Trial
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Author : Carissa Byrne Hessick
language : en
Publisher: Abrams
Release Date : 2021-10-12
Punishment Without Trial written by Carissa Byrne Hessick and has been published by Abrams this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-12 with Law categories.
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
Free Will Skepticism In Law And Society
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Author : Libby Shaw
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-29
Free Will Skepticism In Law And Society written by Libby Shaw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with History categories.
Brings together leading philosophers and legal scholars to explore the practical implications of free will skepticism for law and society.
Pleading Out
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Author : Dan Canon
language : en
Publisher:
Release Date : 2022-03-08
Pleading Out written by Dan Canon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-08 with categories.
A blistering critique of America's assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider's perspective, Pleading Out exposes the ugly truth about what's wrong with America's criminal justice system today--and offers a prescription for meaningful change.
The Right To A Fair Trial In International Law
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Author : Amal Clooney
language : en
Publisher:
Release Date : 2020
The Right To A Fair Trial In International Law written by Amal Clooney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with History categories.
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Privilege And Punishment
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Author : Matthew Clair
language : en
Publisher: Princeton University Press
Release Date : 2022-06-21
Privilege And Punishment written by Matthew Clair and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-21 with Social Science categories.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
An Essay On Crimes And Punishments
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Author : Cesare Beccaria
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2006
An Essay On Crimes And Punishments written by Cesare Beccaria and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Law As Punishment Law As Regulation
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2011-08-29
Law As Punishment Law As Regulation written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-29 with Law categories.
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Punishment And Responsibility
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Author : H.L.A. Hart
language : en
Publisher: Oxford University Press
Release Date : 2008-03-06
Punishment And Responsibility written by H.L.A. Hart 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 2008-03-06 with Law categories.
This collection of essays represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. This edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
Sentencing Bench Book
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Author : Judicial Commission of New South Wales
language : en
Publisher:
Release Date : 2006
Sentencing Bench Book written by Judicial Commission of New South Wales and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Sentences (Criminal procedure) categories.
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.