AMERICAN CRIMINAL COURTS LEGAL PROCESS AND SOCIAL CONTEXT

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American Criminal Courts

Author : Casey Welch
ISBN : 9781455728114
Genre : Law
File Size : 66.12 MB
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American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts
Category: Law

American Criminal Courts

Author : Casey Welch
ISBN : 9781317524144
Genre : Law
File Size : 46.8 MB
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American Criminal Courts: Legal Process and Social Context is an introductory-level text that offers a comprehensive study of the legal processes that guide criminal courts and the social contexts that introduce variations in the activities of actors inside and outside the court. Specifically the text focuses upon: Legal Processes. U.S. criminal courts are constrained by several legal processes and organizational structures that determine how the courts operate and how laws are applied. This book explores how democratic processes develop the criminal law in the United States, the documents that define law (federal and state constitutions, legal codes, administrative policies), the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying legal philosophies of various types of courts. Although most texts on criminal courts do a credible job of describing legal processes, this text looks more deeply into the origins of criminal law, historic turning points in the criminal law, conditions that affect the decision-making of criminal justice practitioners, and the contentious political process that affects how criminal laws are considered. Social Contexts. The criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. The text includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys), as well as those outside the court who seek to influence it, including advocacy groups, media, and politicians. It is the interplay between the court legal processes and the social actors in the courtroom that makes the application of the criminal laws so fascinating. By focusing on the tension between the law (legal processes) and the actors inside and outside the courts system (social contexts), this text demonstrates how the courts are a product of "law in action," and it presents the course content in a way that enables students to understand not only the "how" of the U.S. criminal court system but also the "why."
Category: Law

American Criminal Courts

Author : Casey Welch
ISBN : 9781317524137
Genre : Law
File Size : 70.86 MB
Format : PDF, Docs
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American Criminal Courts: Legal Process and Social Context is an introductory-level text that offers a comprehensive study of the legal processes that guide criminal courts and the social contexts that introduce variations in the activities of actors inside and outside the court. Specifically the text focuses upon: Legal Processes. U.S. criminal courts are constrained by several legal processes and organizational structures that determine how the courts operate and how laws are applied. This book explores how democratic processes develop the criminal law in the United States, the documents that define law (federal and state constitutions, legal codes, administrative policies), the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying legal philosophies of various types of courts. Although most texts on criminal courts do a credible job of describing legal processes, this text looks more deeply into the origins of criminal law, historic turning points in the criminal law, conditions that affect the decision-making of criminal justice practitioners, and the contentious political process that affects how criminal laws are considered. Social Contexts. The criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. The text includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys), as well as those outside the court who seek to influence it, including advocacy groups, media, and politicians. It is the interplay between the court legal processes and the social actors in the courtroom that makes the application of the criminal laws so fascinating. By focusing on the tension between the law (legal processes) and the actors inside and outside the courts system (social contexts), this text demonstrates how the courts are a product of "law in action," and it presents the course content in a way that enables students to understand not only the "how" of the U.S. criminal court system but also the "why."
Category: Law

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 9780674051751
Genre : Law
File Size : 76.37 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.
Category: Law

Crook County

Author : Nicole Gonzalez Van Cleve
ISBN : 9780804799201
Genre : Law
File Size : 37.49 MB
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Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winnier of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
Category: Law

International Criminal Law In Context

Author : Philipp Kastner
ISBN : 9781317198994
Genre : Law
File Size : 57.29 MB
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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Category: Law

Social Justice Criminal Justice

Author : Cyndy Caravelis
ISBN : 9781317297994
Genre : Law
File Size : 25.71 MB
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Social Justice, Criminal Justice is a thought-provoking examination of the U.S. legal system, focusing on how criminal justice and social justice are related. The book provides a solid foundation of key philosophical and theoretical issues and goes on to examine the function of the law as it relates to social justice issues. The authors present and explain the foundational legal documents of the United States, and critically examine how those same documents, which espoused the rhetoric of equality for all, contribute toward the perpetuation and maintenance of a system of exclusion for groups with minority status, such as racial and ethnic minorities, the poor, women, and the LGBT (lesbian, gay, bisexual, transgender) community. Succinct but comprehensive, this text offers a careful examination of possible relationships between social justice theory and criminal justice practice and illuminates the role that the legal system has played in both preventing and assisting social change and power dynamics. For each identified group, important landmark court decisions are used to demonstrate the plight of the powerless and the quest for equal rights. The book provides an important perspective and understanding of the relationships among criminal justice, social justice, and the law. Suitable for undergraduate and early graduate courses in Social Justice, Justice Studies, Critical Issues, Ethics, and American Government and Law, this text provides easily digestible content for those interested in thinking critically about the U.S. legal system.
Category: Law

Justice Liability And Blame

Author : Paul H. Robinson
ISBN : UOM:39015033964878
Genre : Law
File Size : 84.8 MB
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Do lay judgments about criminal transgressions conflict with the way a case is judged within the legal code? The authors, a law professor and a research psychologist, suggest that such discrepancies in judgment can lead to the loss of the legal code's effectiveness of exercising moral authority within the community. An important look at the breakdown of law and order.
Category: Law

America S Courts And The Criminal Justice System

Author : David W. Neubauer
ISBN : 9781337670142
Genre : Education
File Size : 26.82 MB
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The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative courtroom workhouse model -- which focuses on the interrelationships among the judge, prosecutor, and defense attorney -- brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it is like to work within the American criminal justice system, and the thirteenth edition is no exception. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Category: Education

The Process Is The Punishment

Author : Malcolm M. Feeley
ISBN : 9781610442015
Genre : Social Science
File Size : 21.50 MB
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It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
Category: Social Science