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 : 59. 18 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 Conviction Factory

Author : Roger Roots
ISBN : 1492928895
Genre : Criminal courts
File Size : 81. 3 MB
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Dr. Roger Roots, America's most provocative scholar of criminology and constitutional history, argues that America's criminal courts have gradually abandoned adversarial due process and embraced a more inquisitorial model of justice favored by prosecutors. In theory, convicting someone of a crime should be more difficult than obtaining a civil judgment by winning a lawsuit against him. The burden of proof is higher (beyond a reasonable doubt in criminal cases, as opposed to a mere preponderance of evidence in civil cases), and there are supposedly a number of constitutional protections for criminal defendants that do not apply to civil litigants. However, in modern courtrooms, convictions are obtained almost effortlessly by prosecutors. In The Conviction Factory, Dr. Roots traces the history of American criminal justice from its roots in English common law and then follows this history into the twenty-first century. Roots details how the adversarial model of justice, which pits the prosecution against the defendant on a level playing field, has been quietly and slowly whittled away. This book is exhaustively footnoted. It represents a continuation (and partially a compilation) of Roots' previously published law review articles on the subject of criminal procedural history. The Conviction Factory is more than just a history of criminal procedure. It is a gripping yarn that provokes fundamental questions about fairness, justice and trust in the institutions of government.

The New Criminal Justice Thinking

Author : Sharon Dolovich
ISBN : 9781479868612
Genre : Law
File Size : 76. 63 MB
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A vital collection for reforming criminal justice. After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

Free Market Criminal Justice

Author : Darryl K. Brown
ISBN : 9780190457877
Genre : Criminal justice, Administration of
File Size : 58. 72 MB
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Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not only in the economic realm but also in key parts of its criminal justice systems. From charging decisions through trials or guilty pleas and appeals, legal safeguards against bias, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than on enforceable rules and duties. Prosecutorial discretion is checked not by legal standards but by popular elections, and plea bargaining law is wholly built on a faith in unregulated markets-in contrast to the systems in other common law countries that also have neoliberal economies, adversarial process, and high guilty plea rates. This book argues that democratic and market ideas have led to more partisan prosecutors, narrower duties of evidence disclosure, and to a right to defense counsel that carefully accommodates preexisting wealth inequalities. Most important, democratic and market values have diminished the responsibility of judges-and of the state itself-for the accuracy and integrity of court judgments. Paradoxically, skepticism of government has expanded state power, reduced checks on executive officials, marginalized juries, and contributed to record incarceration rates. In contrast to recent arguments for re-invigorating democracy in criminal process, Free Market Criminal Justice argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.

The Collapse Of America

Author : Anthony Townsend
ISBN : 9781598586756
Genre : Political Science
File Size : 44. 34 MB
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America is falling, and may not be here without change, as we know it, in our life time, just as the U.S.S.R. suddenly fell in the 1990's, ruining that Super Power and ending the cold war, with hundreds of thousands of refugees having to flee Russia. With reports of human meat being sold as the currency [rubble] became worthless, as the U.S.S.R broke up into 15 independent States, unexpectedly, shocking the world. Indicative of the fact that it will happen to America, as banks made sub-prime loans to rape the housing industry and consumers with credit cards. And the manufacturing base being traded bit by bit, liquidating assets for cash, selling out the U.S. Preparing for the collapse of the U.S dollar, and the fall of the U.S. With the U.S. borrowing billions to fund tax cuts for the rich. Are we truly living in the last days of America, as a Super Power? All States without exception, have come to an end, as a historical norm. America is not mentioned in any Jewish, Christian, or Islamic, scriptures. Thus, it will not be here as we know it, in the end. But this is not a religious writing. Oil is only the first commodity to be affected with housing, money, food, loans and soon jobs following. Like China, and the EU, we need to stop the hording of so much money in the hands of so few. The gold standard is not the bases for our money since 1975. Meaning that paper and plastic have no intrinsic worth. If history repeats itself, and it does, we may have multiple civil wars, with Hawaii declaring independence in April as a protest over how the economy has been managed. With each State having its own National guard, and gangs and militia's, and KKK, armed to the teeth, we will start to hear phrases like who will pay for this and that debt. With maybe as many as ten different presidents, as the U.S. brakes up. Rumors of war. We, the people, must demand a marshal plan for America, and not Europe, Japan, S. Korea, etc., and now maybe Iraq. All of us in America need to have access to the money we need, at low or no cost to save America, and optimize the multiplier effect: but it has to be spent in the U.S., to make America strong. Thus, we need to stop the banks and utility companies, etc. from hording. It is insanity to have multibillionaires, as they cannot spend these sums. We can re-order the economy or others will do it for us. This book will attempt to answer the question on how to stop such a fall, into a dark age. And instead have cooperation, and justice between all men and countries; Stopping this horrible cycle of systematic retardation of Mankind. America is the last best hope for Mankind, as America has polluted and consumed too much of this planet's resources becoming the Super Power it is, to have a new emerging Super Power, doing the same.

The Sacred Project Of American Sociology

Author : Christian Smith
ISBN : 9780199377152
Genre : Social Science
File Size : 66. 18 MB
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Counter to popular perceptions, contemporary American sociology is and promotes a profoundly sacred project at heart. Sociology today is in fact animated by sacred impulses, driven by sacred commitments, and serves a sacred project. Sociology appears on the surface to be a secular, scientific enterprise--its founding fathers were mostly atheists. Its basic operating premises are secular and naturalistic. Sociologists today are disproportionately not religious, compared to all Americans, and often irreligious. The Sacred Project of American Sociology shows, counter-intuitively, that the secular enterprise that everyday sociology appears to be pursuing is actually not what is really going on at sociology's deepest level. Christian Smith conducts a self-reflexive, tables-turning, cultural and institutional sociology of the profession of American sociology itself, showing that this allegedly secular discipline ironically expresses Emile Durkheim's inescapable sacred, exemplifies its own versions of Marxist false consciousness, and generates a spirited reaction against Max Weber's melancholically observed disenchantment of the world. American sociology does not escape the analytical net that it casts over the rest of the ordinary world. Sociology itself is a part of that very human, very social, often very sacred and spiritual world. And sociology's ironic mis-recognition of its own sacred project leads to a variety of arguably self-destructive and distorting tendencies. This book re-asserts a vision for what sociology is most important for, in contrast with its current commitments, and calls sociologists back to a more honest, fair, and healthy vision of its purpose.

Guilty

Author : Harold J. Rothwax
ISBN : UOM:39015031852505
Genre : Law
File Size : 76. 1 MB
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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.

Prisoner Reentry In The Era Of Mass Incarceration

Author : Daniel P. Mears
ISBN : 9781483316703
Genre : Social Science
File Size : 45. 6 MB
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Understanding and Improving Prisoner Reentry Outcomes Prisoner Reentry is an engaging and comprehensive examination of prisoner reentry and how to improve public safety, well-being, and justice in the “era of mass incarceration.” Renowned authors Daniel P. Mears and Joshua C. Cochran investigate historical trends in incarceration and punishment policy, the salience of in-prison and post-prison contexts and experiences for reentry, and the importance of understanding group differences in offending, punishment, and social context. Using extensive reliance on both theory and empirical research, the authors identify how reentry reflects criminal justice policy in America and, at the same time, has profound implications for crime prevention and justice. Readers will develop a diverse foundation for current policies, identify the implications of reentry for families, community, and society at large, and gain a conceptual and empirical toolkit for analyzing and improving the lives of those released from prison.

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 71. 43 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Ghettoside

Author : Jill Leovy
ISBN : 9780385530002
Genre : True Crime
File Size : 57. 69 MB
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NEW YORK TIMES BESTSELLER • NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY SAN FRANCISCO CHRONICLE, USA TODAY, AND CHICAGO TRIBUNE • A masterly work of literary journalism about a senseless murder, a relentless detective, and the great plague of homicide in America NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review • The Washington Post • The Boston Globe • The Economist • The Globe and Mail • BookPage • Kirkus Reviews On a warm spring evening in South Los Angeles, a young man is shot and killed on a sidewalk minutes away from his home, one of the thousands of black Americans murdered that year. His assailant runs down the street, jumps into an SUV, and vanishes, hoping to join the scores of killers in American cities who are never arrested for their crimes. But as soon as the case is assigned to Detective John Skaggs, the odds shift. Here is the kaleidoscopic story of the quintessential, but mostly ignored, American murder—a “ghettoside” killing, one young black man slaying another—and a brilliant and driven cadre of detectives whose creed is to pursue justice for forgotten victims at all costs. Ghettoside is a fast-paced narrative of a devastating crime, an intimate portrait of detectives and a community bonded in tragedy, and a surprising new lens into the great subject of why murder happens in our cities—and how the epidemic of killings might yet be stopped. Praise for Ghettoside “A serious and kaleidoscopic achievement . . . [Jill Leovy is] a crisp writer with a crisp mind and the ability to boil entire skies of information into hard journalistic rain.”—Dwight Garner, The New York Times “Masterful . . . gritty reporting that matches the police work behind it.”—Los Angeles Times “Moving and engrossing.”—San Francisco Chronicle “Penetrating and heartbreaking . . . Ghettoside points out how relatively little America has cared even as recently as the last decade about the value of young black men’s lives.”—USA Today “Functions both as a snappy police procedural and—more significantly—as a searing indictment of legal neglect . . . Leovy’s powerful testimony demands respectful attention.”—The Boston Globe “Gritty, heart-wrenching . . . Everyone needs to read this book.”—Michael Connelly “Ghettoside is remarkable: a deep anatomy of lawlessness.”—Atul Gawande, author of Being Mortal “[Leovy writes] with grace and artistry, and controlled—but bone-deep—outrage in her new book. . . . The most important book about urban violence in a generation.”—The Washington Post “Riveting . . . This timely book could not be more important.”—Associated Press “Leovy’s relentless reporting has produced a book packed with valuable, hard-won insights—and it serves as a crucial, 366-page reminder that ‘black lives matter.’ ”—The New York Times Book Review “A compelling analysis of the factors behind the epidemic of black-on-black homicide . . . an important book, which deserves a wide audience.”—Hari Kunzru, The Guardian From the Hardcover edition.

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