Author: William J. Stuntz

Publisher: Harvard University Press

ISBN: 0674051750

Category: Law

Page: 413

View: 7591

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.
Read More

Author: William J. Stuntz

Publisher: Harvard University Press

ISBN: 0674062604

Category: Law

Page: 848

View: 1385

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.
Read More

Author: William J. Stuntz

Publisher: Belknap Press

ISBN: 9780674725874

Category: History

Page: 413

View: 5114

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.
Read More

The Collapse of Criminal Justice

Author: Harold J. Rothwax

Publisher: Random House Incorporated

ISBN: N.A

Category: Law

Page: 238

View: 8167

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.
Read More

The False Promise of Broken Windows Policing

Author: Bernard E. Harcourt

Publisher: Harvard University Press

ISBN: 9780674038318

Category: Law

Page: 304

View: 5201

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.
Read More

Author: Stephanos Bibas

Publisher: Oxford University Press

ISBN: 0195374681

Category: Law

Page: 285

View: 3608

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.
Read More

Learning from Failure

Author: Greg Berman,Aubrey Fox

Publisher: Rowman & Littlefield

ISBN: 1442268484

Category: Law

Page: 164

View: 8560

In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.
Read More

The Systems Improvement Solution for More Safety, Justice, Accountability, and Efficiency

Author: Daniel P. Mears

Publisher: Cambridge University Press

ISBN: 110716169X

Category: Social Science

Page: 300

View: 866

This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
Read More

How the War on Crime Transformed American Democracy and Created a Culture of Fear

Author: Jonathan Simon

Publisher: Oxford University Press

ISBN: 0195181085

Category: History

Page: 330

View: 8631

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.
Read More

Essays on Themes of William J. Stuntz

Author: Michael Klarman,David Skeel,Carol Steiker

Publisher: Cambridge University Press

ISBN: 1107019419

Category: Law

Page: 237

View: 1689

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.
Read More

The Long Struggle Over Criminal Justice

Author: Philip Goodman,Joshua Page,Michelle Phelps

Publisher: Oxford University Press

ISBN: 0199976066

Category: Law

Page: 240

View: 1930

The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical -swing- of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.
Read More

Mass Incarceration in the Age of Colorblindness

Author: Michelle Alexander

Publisher: The New Press

ISBN: 1595586431

Category: Social Science

Page: 312

View: 8063

Argues that the War on Drugs and policies that deny convicted felons equal access to employment, housing, education and public benefits create a permanent under-caste based largely on race. Reprint. 12,500 first printing.
Read More

The Limits of the Criminal Law

Author: Douglas Husak

Publisher: Oxford University Press

ISBN: 9780198043997

Category: Law

Page: 248

View: 6183

The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Read More

Stories of the Law and How It's Broken

Author: The Secret Barrister

Publisher: Macmillan

ISBN: 1760559806

Category: Law

Page: 320

View: 2783

“I’m a barrister, a job which requires the skills of a social worker, relationship counsellor, arm-twister, hostage negotiator, named driver, bus fare-provider, accountant, suicide watchman, coffee-supplier, surrogate parent and, on one memorable occasion, whatever the official term is for someone tasked with breaking the news to a prisoner that his girlfriend has been diagnosed with gonorrhoea.” Welcome to the world of the Secret Barrister. These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear those stupid wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. Both a searing first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister wants to show you what it’s really like and why it really matters.
Read More

The Collapse and Revival of American Community

Author: Robert D. Putnam

Publisher: Simon and Schuster

ISBN: 0743203046

Category: History

Page: 541

View: 9509

Shows how changes in work, family structure, women's roles, and other factors have caused people to become increasingly disconnected from family, friends, neighbors, and democratic structures--and how they may reconnect.
Read More

Author: Franklin E. Zimring

Publisher: Harvard University Press

ISBN: 067497218X

Category: Law

Page: 320

View: 9851

Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police use deadly force. He offers prescriptions for how federal, state, and local governments could reduce killings at minimum cost without risking officers’ lives.
Read More

Author: David Garland

Publisher: Harvard University Press

ISBN: 0674058488

Category: History

Page: 432

View: 9757

Why does the United States, alone among Western democracies, still have the death penalty? It's not a new question, but David Garland provides fresh answers from a multilayered analysis...The title hints at the most provocative part of Garland's answer. In American history, the "peculiar institution" is slavery. Anyone who thinks its vestiges were wiped out by the Emancipation Proclamation or civil rights laws should read this book and think again.
Read More

Author: James Forman, Jr.

Publisher: Hachette UK

ISBN: 0349143676

Category: Political Science

Page: 320

View: 5348

Winner of the 2018 Pulitzer Prize for General Non-Fiction Longlisted for the National Book Award One of the New York Times Book Review's 10 Best Books of 2017 Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of colour. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation's urban centres. Forman shows us that the first substantial cohort of black mayors, judges and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, DC mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness - and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighbourhoods. A former public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants and crime victims. He writes with compassion about individuals trapped in terrible dilemmas - from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why American society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system.
Read More

American injustice in the age of the wealth gap

Author: Matt Taibbi

Publisher: Scribe Publications

ISBN: 1922070963

Category: Business & Economics

Page: 448

View: 6305

A scathing portrait of an urgent new American crisis Over the last two decades, America has been falling deeper and deeper into a statistical mystery. As poverty has gone up, crime rates have come down, but the prison population has doubled. Meanwhile, fraud by the rich wipes out 40 per cent of the world’s wealth — yet the rich get massively richer, and no one goes to jail. In search of a solution, journalist Matt Taibbi discovered the Divide, the seam in American life where two troubling trends — growing wealth-inequality and mass incarceration — come together. Basic rights are now determined by wealth or poverty, allowing the hyper-wealthy to go unpunished, and turning poverty itself into a crime. In The Divide, Taibbi takes us on a galvanising journey through both sides of the justice system. He uncovers the startling looting that preceded the financial collapse, and the story of a whistleblower who got in the way of the largest banks in America, only to find herself in the crosshairs. On the other side of the Divide, he shows how the newly punitive welfare system treats its beneficiaries as thieves, while stop-and-frisk practices have led to people being arrested for standing outside their own homes. Through these astonishing — and enraging — accounts, Taibbi lays bare America’s perverse new standard of justice: a system that devours the lives of the poor, turns a blind eye to the destructive crimes of the wealthy, and implicates us all.
Read More