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 : 53.99 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

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 9780674062603
Genre : Law
File Size : 83.2 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

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 0674725875
Genre : History
File Size : 21.95 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.
Category: History

The Machinery Of Criminal Justice

Author : Stephanos Bibas
ISBN : 9780190236762
Genre : Law
File Size : 54.86 MB
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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Category: Law

Guilty

Author : Harold J. Rothwax
ISBN : UOM:39015031852505
Genre : Law
File Size : 48.91 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.
Category: Law

The Political Heart Of Criminal Procedure

Author : Michael Klarman
ISBN : 9781107019416
Genre : Law
File Size : 84.29 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.
Category: Law

Inferno

Author : Robert A. Ferguson
ISBN : 9780674369931
Genre : Law
File Size : 86.74 MB
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Robert Ferguson diagnoses all parts of a massive, out-of-control punishment regime. Turning the spotlight on the plight of prisoners, he asks the American people, Do we want our prisons to be this way? Acknowledging the suffering of prisoners and understanding what punishers do when they punish are the first steps toward a better, more just system.
Category: Law

Native Americans And The Criminal Justice System

Author : Jeffrey Ian Ross
ISBN : 9781317255659
Genre : Social Science
File Size : 75.57 MB
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'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.
Category: Social Science

Thomas Aquinas And The Philosophy Of Punishment

Author : Peter Karl Koritansky
ISBN : 9780813218830
Genre : Philosophy
File Size : 90.67 MB
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Thomas Aquinas and the Philosophy of Punishment explores how Aquinas's understandings of natural law and the common good apply to the contemporary philosophical discussion of punitive justice.
Category: Philosophy

The New Jim Crow

Author : Michelle Alexander
ISBN : 9781595586438
Genre : Social Science
File Size : 58.82 MB
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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.
Category: Social Science