Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Download or read book The Dual Penal State written by Markus Dirk Dubber and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.
Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-09-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Download or read book An Introduction to the Model Penal Code written by Markus Dirk Dubber and published by Oxford University Press, USA. This book was released on 2015 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.
Download or read book Successive Criminal Prosecutions written by Adam Harris Kurland and published by Section of Criminal Justice. This book was released on 2001-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The School to Prison Pipeline written by Nancy A. Heitzeg and published by Bloomsbury Publishing USA. This book was released on 2016-04-11 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a research and comparison-driven look at the school-to-prison pipeline, its racial dynamics, the connections to mass incarceration, and our flawed educational climate—and suggests practical remedies for change. How is racism perpetuated by the education system, particularly via the "school-to-prison pipeline?" How is the school to prison pipeline intrinsically connected to the larger context of the prison industrial complex as well as the extensive and ongoing criminalization of youth of color? This book uniquely describes the system of policies and practices that racialize criminalization by routing youth of color out of school and towards prison via the school-to-prison pipeline while simultaneously medicalizing white youth for comparable behaviors. This work is the first to consider and link all of the research and data from a sociological perspective, using this information to locate racism in our educational systems; describe the rise of the so-called prison industrial complex; spotlight the concomitant expansion of the "medical-industrial complex" as an alternative for controlling the white and well-off, both adult and juveniles; and explore the significance of media in furthering the white racial frame that typically views people of color as "criminals" as an automatic response. The author also examines the racial dynamics of the school to prison pipeline as documented by rates of suspension, expulsion, and referrals to legal systems and sheds light on the comparative dynamics of the related educational social control of white and middle-class youth in the larger context of society as a whole.
Download or read book Prison State written by Bert Useem and published by Cambridge University Press. This book was released on 2008-03-10 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the past 25 years, the prison population in America shot upward to reach a staggering 1.53 million by 2005. This book takes a broad, critical look at incarceration, the huge social experiment of American society. The authors investigate the causes and consequences of the prison buildup, often challenging previously held notions from scholarly and public discourse. By examining such themes as social discontent, safety and security within prisons, and impact on crime and on the labor market, Piehl and Useem use evidence to address the inevitable larger question, where should incarceration go next for American society, and where is it likely to go?
Download or read book Punishment Participatory Democracy and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Download or read book The Collapse of American Criminal Justice written by William J. Stuntz and published by Harvard University Press. This book was released on 2011-09-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Deviant Prison written by Ashley T. Rubin and published by Cambridge University Press. This book was released on 2021-02-04 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling examination of the highly criticized use of long-term solitary confinement in Philadelphia's Eastern State Penitentiary during the nineteenth century.
Download or read book Criminal Law Procedure and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Download or read book Building the Prison State written by Heather Schoenfeld and published by University of Chicago Press. This book was released on 2018-02-19 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States incarcerates more people per capita than any other industrialized nation in the world—about 1 in 100 adults, or more than 2 million people—while national spending on prisons has catapulted 400 percent. Given the vast racial disparities in incarceration, the prison system also reinforces race and class divisions. How and why did we become the world’s leading jailer? And what can we, as a society, do about it? Reframing the story of mass incarceration, Heather Schoenfeld illustrates how the unfinished task of full equality for African Americans led to a series of policy choices that expanded the government’s power to punish, even as they were designed to protect individuals from arbitrary state violence. Examining civil rights protests, prison condition lawsuits, sentencing reforms, the War on Drugs, and the rise of conservative Tea Party politics, Schoenfeld explains why politicians veered from skepticism of prisons to an embrace of incarceration as the appropriate response to crime. To reduce the number of people behind bars, Schoenfeld argues that we must transform the political incentives for imprisonment and develop a new ideological basis for punishment.
Download or read book Punishing the Poor written by Loïc Wacquant and published by Duke University Press. This book was released on 2009-05-22 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The punitive turn of penal policy in the United States after the acme of the Civil Rights movement responds not to rising criminal insecurity but to the social insecurity spawned by the fragmentation of wage labor and the shakeup of the ethnoracial hierarchy. It partakes of a broader reconstruction of the state wedding restrictive “workfare” and expansive “prisonfare” under a philosophy of moral behaviorism. This paternalist program of penalization of poverty aims to curb the urban disorders wrought by economic deregulation and to impose precarious employment on the postindustrial proletariat. It also erects a garish theater of civic morality on whose stage political elites can orchestrate the public vituperation of deviant figures—the teenage “welfare mother,” the ghetto “street thug,” and the roaming “sex predator”—and close the legitimacy deficit they suffer when they discard the established government mission of social and economic protection. By bringing developments in welfare and criminal justice into a single analytic framework attentive to both the instrumental and communicative moments of public policy, Punishing the Poor shows that the prison is not a mere technical implement for law enforcement but a core political institution. And it reveals that the capitalist revolution from above called neoliberalism entails not the advent of “small government” but the building of an overgrown and intrusive penal state deeply injurious to the ideals of democratic citizenship. Visit the author’s website.
Download or read book Penal Philosophy written by Gabriel de Tarde and published by . This book was released on 1912 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Slavery and the Penal System written by J. Thorsten Sellin and published by Quid Pro Books. This book was released on 2016-04-29 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic and groundbreaking study of penal slavery throughout the ages is available again. Previously a rare book, despite the fact that it is widely quoted and cited by scholars in the field of sociology, penology, and criminology, this book can now be accessed easily worldwide and be assigned again to classes. Now in its fortieth anniversary edition, Sellin's classic Slavery and the Penal System adds a new Foreword by Barry Krisberg at Berkeley. This edition also incorporates changes the author originally planned for a second printing, provided to Quid Pro Books by the Library Special Collections at Penn and authorized by his family. Part of the Classics of Law & Society Series from Quid Pro Books, the anniversary edition also includes explanatory Notes of the Series Editor by Steven Alan Childress, senior professor of law at Tulane University. A book that has become a standard part of the canon in its field, but over time grew to be too expensive for researchers and libraries to obtain, is now easily downloaded in a well-formatted ebook. Other features include linked Contents and notes, fully linked and paginated Index, and close reading of the text against the original so that its legacy is properly and accurately presented. This book traces the direct and indirect influences of the social institution of chattel slavery on the evolution of penal systems and practices in Europe and the United States — a dismal story. The author reveals the darkest and most brutal aspects of penal history and the social forces that resisted or nullified the efforts of reformers who sought to bring about humanization of the punishment. The book shows that domestic punishments inflicted on slaves by masters later become legal punishments for crimes committed by low-class freedmen — eventually to become legal sanctions against offenders regardless of social status. A dominant force is the class and caste structure of society that is reflected in the determination of what conduct should be defined as criminal, who should be punished, and what the punishment should be. Topics include ancient Greece and Rome, the Middle Ages in Europe, galley slaves and naval arsenal prisons in maritime countries, penal creation of public works, the rise of houses of correction, invention of the treadmill, practices in England and Russia, slavery in the antebellum South, and twentieth-century U.S. chain gangs, penal farms, and convict-lease system.
Download or read book Command and Persuade written by Peter Baldwin and published by MIT Press. This book was released on 2023-05-02 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
