about guilt and innocence the origins development and future of constitutional criminal procedure

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About Guilt And Innocence

Author : Donald A. Dripps
ISBN : 0275977307
Genre : Law
File Size : 24. 48 MB
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This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.

The Greatest Criminal Cases Changing The Course Of American Law

Author : J. Michael Martinez
ISBN : 9781440828690
Genre : Social Science
File Size : 35. 1 MB
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This fascinating book recounts the compelling stories behind 14 of the most important criminal procedure cases in American legal history. • Includes 20 photographs of key participants and scenes • Explains legal principles through engaging, jargon-free prose • Connects the importance of the cases to constitutional criminal procedure • Explores the impact of Supreme Court decisions

State Of Criminal Justice 2006

Author : Victor Streib
ISBN : 1590317564
Genre : Law
File Size : 27. 82 MB
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Philosophical Foundations Of Criminal Law

Author : R. A. Duff
ISBN : 9780191654701
Genre : Law
File Size : 62. 35 MB
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Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Constitutional Commentary

Author :
ISBN : UCAL:B5075874
Genre :
File Size : 27. 89 MB
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The State Of Criminal Justice

Author :
ISBN : STANFORD:36105064143832
Genre : Criminal justice, Administration of
File Size : 71. 98 MB
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The Supreme Court And The Fourth Amendment S Exclusionary Rule

Author : Tracey Maclin
ISBN : 9780199996438
Genre : Law
File Size : 24. 5 MB
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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

Criminal Procedure Stories

Author : Carol Susan Steiker
ISBN : 1587789833
Genre : Law
File Size : 68. 20 MB
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Unlike casebooks, this title goes with greater detail into the human stories and the social, political, and legal contexts of the "big" Supreme Court cases regarding criminal justice. It unearths details not available anywhere else. In addition to great narrative enrichment, it provides the provocative thoughts of highly respected scholars who are each experts on the particular cases they address. This book will greatly enhance the teaching of both police practices (a/k/a "Cops and Robbers") and criminal adjudication (a/k/a "Bail to Jail") by providing both important context not available in any casebook and by offering the insights of some of the scholars who have thought the most deeply about these cases and issues.

The 1980s

Author : Kimberly R. Moffitt
ISBN : 073914314X
Genre : History
File Size : 81. 86 MB
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The 1980s: A Critical and Transitional Decade, edited by Kimberly R. Moffitt and Duncan A. Campbell, is a holistic analysis of the decade that focuses on major turning points and developments in literature, entertainment, politics, and social experimentation. This analysis ultimately presents the 1980s as a significant phenomenon in the American landscape. The 1980s is a groundbreaking and stand-alone introductory volume that is unapologetically interdisciplinary in nature and encourages students to explore topics of the decade often overlooked or grouped together with other, more memorable decades such as the 1920s or 1960s.

Law Books Published

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ISBN : IND:30000092436314
Genre : Law
File Size : 53. 97 MB
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