The Machinery Of Criminal Justice

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The Machinery Of Criminal Justice

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Author : Stephanos Bibas
language : en
Publisher: Oxford University Press
Release Date : 2012-02-28

The Machinery Of Criminal Justice written by Stephanos Bibas 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 2012-02-28 with Law categories.

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.

The Machinery Of Criminal Justice

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Author : Stephanos Bibas
language : en
Publisher: Oxford University Press
Release Date : 2012-04-26

The Machinery Of Criminal Justice written by Stephanos Bibas 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 2012-04-26 with Law categories.

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.

The Collapse Of American Criminal Justice

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Author : William J. Stuntz
language : en
Publisher: Harvard University Press
Release Date : 2011-09-30

The Collapse Of American Criminal Justice written by William J. Stuntz and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-30 with History categories.

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.

Usual Cruelty

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Author : Alec Karakatsanis
language : en
Publisher: The New Press
Release Date : 2019-10-29

Usual Cruelty written by Alec Karakatsanis and has been published by The New Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-29 with Law categories.

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.

The Law Machine

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Author : Clare Dyer
language : en
Publisher: Penguin UK
Release Date : 2000-08-31

The Law Machine written by Clare Dyer and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-31 with Law categories.

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

Comparative Criminology In Asia

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Author : Jianhong Liu
language : en
Publisher: Springer
Release Date : 2017-07-15

Comparative Criminology In Asia written by Jianhong Liu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-15 with Social Science categories.

This edited volume presents the diversity of comparative criminology research in Asia, and the complex theoretical and methodological issues involved in conducting comparative research. With contributors both from the West and the East exploring these questions, the Editors have created a balanced resource, as well as set an agenda for future research. The increasing pace of globalization means that researchers should be armed with an understanding of how criminal justice systems work across the world. In the past, comparative research largely compared Western countries to each other, or involve d researchers from a Western perspective examining an Asian country, with models and theories developed in the West considered to have universal applications. This work aims to correct that gap, by providing a critical examination of comparative research, presenting quantitative and qualitative research data, and asking new questions that challenge prevailing research norms and provide an agenda for future research. This work will be of interest for researchers across the field of Criminology, particularly those with an interest in International and Comparative Research, research on or about Asia, and related disciplines such as Sociology, Demography, and Social Policy. “This fine collection that goes to the rich distinctiveness of Asian criminology. The editors have brought together a wonderful collection of authors mainly from the region. The distinctiveness of values and relational practices in Asia are recurrent themes that are well developed in this book and help us to make sense of patterns of crime and criminal justice in Asia.” John Braithwaite, Australian National University “What theoretical, methodological, and practical issues must we confront in conducting cross-cultural studies encompassing Western and Asian countries? Comparative Criminology in Asia discusses these issues and presents exemplary comparative research. The introductory chapter and the introduction to each part by the co-editors are lucid and highly educational. This collection must be required reading for every serious scholar and aspiring graduate student in Asian countries so that criminological and criminal justice studies will be brought to a much higher level o f sophistication.” Setsuo Miyazawa, UC Hastings “Can there be – and should there be -- a distinctive Asian criminology? What would this involve? The answer depends on what one thinks of the universalistic explanatory claims of Western criminology. Will these claims become self- fulfilling as these societies add to colonial influences a more deliberate borrowing of criminal justice models and established ways of pursuing discipline of criminology? Or will a more critical spirit prevail? This welcome edited collection by Liu, Travers and Chang provides an excellent starting point for reflecting on these and other questions. Rather than attempting to provide descriptions of the variety of similarities and differences in this region (though there are some fascinating case studies of these) the focus is even more on exploring the theoretical approa ches and methodologies used in comparing institutional and cultural differences by Asian criminologists and others.” David Nelken, King’s College, London “Criminologists can no longer ignore the impact of globalization on the pattern and amount of crime as we experienced recently, nor can we ignore the global change of criminal justice policies to deal with crime. There is, therefore, a desperate need to collect data on how crime and criminal justice are influenced by globalization across Asian countries. On the other hand, there are debates on the issue of culture-specific vs. pan-culture theories of crime. This collection addresses both issues in an interesting way. Its publication is timely and welcome.” Chuen-Jim Sheu, National Taipei University

The Supreme Court S Role In Mass Incarceration

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Author : William T. Pizzi
language : en
Publisher: Routledge
Release Date : 2020-09-17

The Supreme Court S Role In Mass Incarceration written by William T. Pizzi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-17 with Fiction categories.

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.

Machinery Of Death

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Author : David R. Dow
language : en
Publisher: Routledge
Release Date : 2014-04-08

Machinery Of Death written by David R. Dow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-08 with Political Science categories.

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.

Criminal Justice In America

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Author : Roscoe Pound
language : en
Publisher: Transaction Publishers
Release Date : 1997-01-01

Criminal Justice In America written by Roscoe Pound and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.

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.

Criminal Justice In America

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Author : Roscoe Pound
language : en
Publisher: Routledge
Release Date : 2018-01-16

Criminal Justice In America written by Roscoe Pound and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-16 with Law categories.

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.