The Machinery of Criminal Justice

Filename: the-machinery-of-criminal-justice.pdf
ISBN: 9780199705511
Release Date: 2012-02-28
Number of pages: 320
Author: Stephanos Bibas
Publisher: Oxford University Press

Download and read online The Machinery of Criminal Justice in PDF and EPUB 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

Filename: the-machinery-of-criminal-justice.pdf
ISBN: 9780190236762
Release Date: 2012-02-28
Number of pages: 320
Author: Stephanos Bibas
Publisher: Oxford University Press

Download and read online The Machinery of Criminal Justice in PDF and EPUB 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

Filename: the-machinery-of-criminal-justice.pdf
ISBN: 9780195374681
Release Date: 2012-04-26
Number of pages: 285
Author: Stephanos Bibas
Publisher: Oxford University Press

Download and read online The Machinery of Criminal Justice in PDF and EPUB 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

Filename: the-collapse-of-american-criminal-justice.pdf
ISBN: 9780674051751
Release Date: 2011-09-15
Number of pages: 413
Author: William J. Stuntz
Publisher: Harvard University Press

Download and read online The Collapse of American Criminal Justice in PDF and EPUB 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.


Rebooting Justice

Filename: rebooting-justice.pdf
ISBN: 9781594039348
Release Date: 2017-07-25
Number of pages:
Author: Benjamin H. Barton
Publisher: Encounter Books

Download and read online Rebooting Justice in PDF and EPUB America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.


Jackson s Machinery of Justice

Filename: jackson-s-machinery-of-justice.pdf
ISBN: 0521317673
Release Date: 1989-01-27
Number of pages: 543
Author: Richard Meredith Jackson
Publisher: Cambridge University Press

Download and read online Jackson s Machinery of Justice in PDF and EPUB Jackson's classic text has been revised and updated for the times.


Criminal Justice and Taxation

Filename: criminal-justice-and-taxation.pdf
ISBN: 9780191073960
Release Date: 2017-02-16
Number of pages: 250
Author: Peter Alldridge
Publisher: Oxford University Press

Download and read online Criminal Justice and Taxation in PDF and EPUB The fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.


To Serve and Protect

Filename: to-serve-and-protect.pdf
ISBN: 9780814713273
Release Date: 1998-08-01
Number of pages: 372
Author: Bruce L. Benson
Publisher: NYU Press

Download and read online To Serve and Protect in PDF and EPUB An Independent Institute book.


Introduction to Crime Law and Justice in Hong Kong

Filename: introduction-to-crime-law-and-justice-in-hong-kong.pdf
ISBN: 9789622099784
Release Date: 2009-07-01
Number of pages: 272
Author: Mark S. Gaylord
Publisher: Hong Kong University Press

Download and read online Introduction to Crime Law and Justice in Hong Kong in PDF and EPUB An essential text for anyone interested in crime, law and justice in Hong Kong, this book offers the only comprehensive survey of all the major parts of Hong Kong's criminal justice system. It also provides an introduction to some key areas of the Hong Kong legal system, including the judiciary, criminal law and legal assistance. The book will appeal not only to social and political science students but also those studying for a number of law courses.


The Oxford Companion to International Criminal Justice

Filename: the-oxford-companion-to-international-criminal-justice.pdf
ISBN: 9780191553448
Release Date: 2009-01-22
Number of pages: 1096
Author:
Publisher: OUP Oxford

Download and read online The Oxford Companion to International Criminal Justice in PDF and EPUB The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.


Criminal Justice Policy

Filename: criminal-justice-policy.pdf
ISBN: 9781483322711
Release Date: 2013-10-15
Number of pages: 448
Author: Stacy L. Mallicoat
Publisher: SAGE Publications

Download and read online Criminal Justice Policy in PDF and EPUB Criminal Justice Policy provides a thematic overview of criminal justice policy and its relationship to the American criminal justice system. Scholars, practitioners, and politicians continually debate the value of these policies in their evaluations of the current system. As the nature of this subject involves a host of issues (including politics, public sentiment, research, and practice), the authors expertly highlight these concerns on criminal justice policy and address the implications for the overall system and society at large. This text is organized into three parts: Foundations of criminal justice policy focuses on the role of politics, best practices, and street level bureaucracy in criminal justice policy. Criminal justice policy in action provides an analysis of fifteen different policy issues in criminal justice, such as immigration, drugs, mental health and capital punishment. Each section begins with a basic summary of the policy, accompanied by a brief synopsis of the framing issues. This brief, but informative summary, draws students’ attention to essential concepts and ideas, provides a roadmap for what they can expect to learn, and ensures continuity throughout the text. The text concludes with a discussion about the future directions of criminal justice policy.


Criminal Justice in America

Filename: criminal-justice-in-america.pdf
ISBN: 1412820650
Release Date: 1997-01-01
Number of pages: 226
Author: Roscoe Pound
Publisher: Transaction Publishers

Download and read online Criminal Justice in America in PDF and EPUB 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.


The Machinery of Justice in England

Filename: the-machinery-of-justice-in-england.pdf
ISBN: 9781107594784
Release Date: 2015-12-03
Number of pages: 470
Author: R. M. Jackson
Publisher: Cambridge University Press

Download and read online The Machinery of Justice in England in PDF and EPUB First published in 1964, as the fourth edition of a 1940 original, this book presents an account regarding law courts and the administration of justice in England. In opposition to other more clinical approaches to the subject, the text takes the view that 'The best introduction to law is a study of the institutions and environment in which lawyers work.' Notes are incorporated throughout. This book will be of value to anyone with an interest in British legal history and the administrative side of law.


Criminal Justice Forecasts of Risk

Filename: criminal-justice-forecasts-of-risk.pdf
ISBN: 9781461430858
Release Date: 2012-04-06
Number of pages: 115
Author: Richard Berk
Publisher: Springer Science & Business Media

Download and read online Criminal Justice Forecasts of Risk in PDF and EPUB Machine learning and nonparametric function estimation procedures can be effectively used in forecasting. One important and current application is used to make forecasts of “future dangerousness" to inform criminal justice decision. Examples include the decision to release an individual on parole, determination of the parole conditions, bail recommendations, and sentencing. Since the 1920s, "risk assessments" of various kinds have been used in parole hearings, but the current availability of large administrative data bases, inexpensive computing power, and developments in statistics and computer science have increased their accuracy and applicability. In this book, these developments are considered with particular emphasis on the statistical and computer science tools, under the rubric of supervised learning, that can dramatically improve these kinds of forecasts in criminal justice settings. The intended audience is researchers in the social sciences and data analysts in criminal justice agencies.


The Oxford Handbook of Crime and Criminal Justice

Filename: the-oxford-handbook-of-crime-and-criminal-justice.pdf
ISBN: 9780199875313
Release Date: 2011-09-07
Number of pages: 1008
Author: Michael Tonry
Publisher: Oxford University Press

Download and read online The Oxford Handbook of Crime and Criminal Justice in PDF and EPUB This handbook provides an accessible, high-quality, and comprehensive introduction to and overview of the operation of the American criminal justice system. It is divided into five sections covering the purposes and functions of the system, its problems and priorities, and its main institutions-police and policing, prosecution and sentencing, and community and institutional corrections. Highly regarded in the field, Michael Tonry brings together a mix of established, senior scholars and up-and-coming writers to provide authoritative and cutting-edge contributions on hot-button topics, from the justice system's handling of immigration and terrorism to racial profiling, parole, and re-entry, as well as bread-and-butter issues like incapacitation, jails, drugs, and police strategy. As countries vary substantially in the detailed operation of some agencies and few scholars have detailed knowledge of the operation of two or more countries' systems, the focus is principally, though not exclusively, on the American justice system.