the collapse of american criminal justice

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The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 9780674051751
Genre : Law
File Size : 36. 82 MB
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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.

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 9780674062603
Genre : Law
File Size : 61. 84 MB
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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.

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 0674725875
Genre : History
File Size : 21. 13 MB
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The rule of law has vanished in America's criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems -- and for their solutions. The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime -- bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court's emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective. What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly. - Publisher.

The American Criminal Justice System

Author : Gerhard Falk
ISBN : 9780313383472
Genre : Law
File Size : 88. 54 MB
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This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. * Provides an extensive bibliography including books, journal articles, newspaper accounts, and government documents * Includes a chronology

The Political Heart Of Criminal Procedure

Author : Michael Klarman
ISBN : 9781107019416
Genre : Law
File Size : 33. 98 MB
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This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work. Both as a tribute to Stuntz's work and as a source of profound new insights, this book examines his role in the renaissance of criminal procedure as a cutting-edge discipline, and as inseparably linked to substantive criminal law.

Guilty

Author : Harold J. Rothwax
ISBN : UOM:39015031852505
Genre : Law
File Size : 46. 70 MB
Format : PDF
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A distinguished jurist describes the collapse of the American criminal justice system, arguing that criminals and defense attorneys hide behind problem laws and technicalities and calling for eight crucial reforms of the system. 75,000 first printing. $75,000 ad/promo. Tour.

The Machinery Of Criminal Justice

Author : Stephanos Bibas
ISBN : 9780195374681
Genre : Law
File Size : 35. 32 MB
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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.

Illusion Of Order

Author : Bernard E. Harcourt
ISBN : 0674038312
Genre : Law
File Size : 60. 15 MB
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This is the first book to challenge the "broken-windows" theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of "law abiders" and "disorderly people" and of "order" and "disorder," which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.

Governing Through Crime

Author : Jonathan Simon
ISBN : 9780195181081
Genre : History
File Size : 59. 71 MB
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Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.

Incarceration Nations

Author : Baz Dreisinger
ISBN : 9781590517277
Genre : Corrections
File Size : 43. 73 MB
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Baz Dreisinger travels behind bars in nine countries to rethink the state of justice in a global context Beginning in Africa and ending in Europe, "Incarceration Nations" is a first-person odyssey through the prison systems of the world. Professor, journalist, and founder of the Prison-to-College-Pipeline, Dreisinger looks into the human stories of incarcerated men and women and those who imprison them, creating a jarring, poignant view of a world to which most are denied access, and arethinking of one of America s most far-reaching global exports: the modern prison complex. From serving as a restorative justice facilitator in a notorious South African prison and working with genocide survivors in Rwanda, to launching a creative writing class in an overcrowded Ugandan prison and coordinating a drama workshop for women prisoners in Thailand, Dreisinger examines the world behind bars with equal parts empathy and intellect. She journeys to Jamaica to visit a prison music program, to Singapore to learn about approaches to prisoner reentry, to Australia to grapple with the bottom line of private prisons, to a federal supermax in Brazil to confront the horrors of solitary confinement, and finally to the so-called model prisons of Norway. "Incarceration Nations" concludes with climactic lessons about the past, present, and future of justice."

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