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: 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.

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.

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.

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.

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.

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.

Kingship Law and Society

Filename: kingship-law-and-society.pdf
ISBN: 9780192537881
Release Date: 1989-12-14
Number of pages:
Author: Edward Powell
Publisher: Oxford University Press

Download and read online Kingship Law and Society in PDF and EPUB This book breaks new ground in the study of crime and law enforcement in late medieval England using the reign of Henry V as a detailed case study. Dr Powell considers the subject on three levels: legal theory - academic, governmental, and popular thinking about the nature of law; legal machinery - the framework of courts and their procedures; and legal practice - the enforcement of the law in the reign of Henry V. There exists at present no other work devoted to setting the legal system of this period in its social and political context. Rejecting the traditional view of late medieval England as chronically lawless and violent, Dr Powell emphasizes instead the structural constraints on royal power to enforce the law, and the King's dependence on the co-operation of local society for the maintenance of his peace. Public order relied less on the coercive powers of the courts than the art of political management and the use of procedures for conciliation and arbitration at local level.

The Power of the Prosecutor

Filename: the-power-of-the-prosecutor.pdf
ISBN: 1440842183
Release Date: 2016-01
Number of pages: 227
Author: Joan E. Jacoby
Publisher: Praeger

Download and read online The Power of the Prosecutor in PDF and EPUB In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. * Offers understandable explanations of why outcomes vary so widely in the criminal justice system—for example, why one prosecutor's office uses drug treatment programs for first-time offenders and another seeks jail time * Answers many of the questions raised in Ferguson, MO, and Staten Island, NY, about the role of prosecutors and their discretionary powers * Presents specific well-known cases to enhance readers' understanding of the intended/unintended consequences of our adversarial system of justice * Addresses in detail the complex relationships between various parts of the U.S. criminal justice system

Vagrant Nation

Filename: vagrant-nation.pdf
ISBN: 9780199768448
Release Date: 2016-02-22
Number of pages: 480
Author: Risa Goluboff
Publisher: Oxford University Press

Download and read online Vagrant Nation in PDF and EPUB "In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--

Changes in Society Crime and Criminal Justice in Europe

Filename: changes-in-society-crime-and-criminal-justice-in-europe.pdf
ISBN: 9041101861
Release Date: 1995
Number of pages: 395
Author: C. J. C. F. Fijnaut
Publisher: Martinus Nijhoff Publishers

Download and read online Changes in Society Crime and Criminal Justice in Europe in PDF and EPUB In 1994 the School of Criminology, a part of the Department of Criminal Law, Criminal Procedure and Criminology in the Faculty of Law of the Katholieke Universiteit Leuven, celebrated the 25th anniversary of its study programme. To give added lustre to this landmark in its history, the Institute accepted the invitation from the International Society of Criminology to organise the 49th International Course of Criminology. The title of the course was: Changes in Society, Crime and Criminal Justice in Europe. A challenge for criminological education and research'. This course explored two themes, both of which are likely to be the focus of debate in criminal policy in the near future: crime and insecurity in the city, and international organised and corporate crime. The presentation and discussion of both themes followed two main approaches. Lectures and seminars focused on the analysis of the nature, the quantity and the development of the phenomena, and meetings were focused on the policy needed to gain control of these phenomena. Moreover, attention was paid to technical and ethical problems which show up at the moment that empirical research is carried out. This publication brings together the main part of the introductory lectures. Part one relates to the theme of crime and insecurity in the city; the second part contains the lectures on international organised and corporate crime. Together both parts present a good picture of what was explained and commented on during the Course, especially in relation to important European developments concerning crime, criminal justice and criminal policy. This book will become an important source of inspiration for both criminological educationand research.

Why Social Justice Matters

Filename: why-social-justice-matters.pdf
ISBN: 9780745629926
Release Date: 2005-03-04
Number of pages: 323
Author: Brian Barry
Publisher: Polity

Download and read online Why Social Justice Matters in PDF and EPUB While social injustice has been increasing, the idea of social justice has been undermined by unfounded appeals to "personal responsibility" and "equal opportunity." Brian Barry exposes the shoddy logic and distortion of reality that underpins this ideology. Once we understand the role of the social structure in limiting options, we have to recognize that really putting into practice ideas such as equal opportunity and personal responsibility would require a fundamental transformation of almost all existing institutions. Barry argues that only if inequalities of wealth and income are kept within a narrow range can equal prospects for education, health and autonomy be realized. He proposes a number of policies to achieve a more equal society and argues that they are economically feasible. But are they politically possible? The apparent stability of the status quo is delusory, he responds: radical changes in our way of life are unavoidable.

The Oxford Handbook on the United Nations

Filename: the-oxford-handbook-on-the-united-nations.pdf
ISBN: 0199279519
Release Date: 2007
Number of pages: 810
Author: Thomas George Weiss
Publisher: Oxford University Press, USA

Download and read online The Oxford Handbook on the United Nations in PDF and EPUB This major new handbook provides the definitive and comprehensive analysis of the UN and will be an essential point of reference for all those working on or in the organization

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 First Civil Right

Filename: the-first-civil-right.pdf
ISBN: 9780199892808
Release Date: 2014-06-01
Number of pages: 260
Author: Naomi Murakawa
Publisher: Oxford University Press, USA

Download and read online The First Civil Right in PDF and EPUB "The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their first civil right - physical safety - eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America." -- Publisher's description.