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.
Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Download or read book Guilty Acts Guilty Minds written by Stephen P. Garvey and published by Oxford University Press. This book was released on 2020-05-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.
Download or read book Last Chance in Texas written by John Hubner and published by Random House. This book was released on 2008-04-29 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful, bracing and deeply spiritual look at intensely, troubled youth, Last Chance in Texas gives a stirring account of the way one remarkable prison rehabilitates its inmates. While reporting on the juvenile court system, journalist John Hubner kept hearing about a facility in Texas that ran the most aggressive–and one of the most successful–treatment programs for violent young offenders in America. How was it possible, he wondered, that a state like Texas, famed for its hardcore attitude toward crime and punishment, could be leading the way in the rehabilitation of violent and troubled youth? Now Hubner shares the surprising answers he found over months of unprecedented access to the Giddings State School, home to “the worst of the worst”: four hundred teenage lawbreakers convicted of crimes ranging from aggravated assault to murder. Hubner follows two of these youths–a boy and a girl–through harrowing group therapy sessions in which they, along with their fellow inmates, recount their crimes and the abuse they suffered as children. The key moment comes when the young offenders reenact these soul-shattering moments with other group members in cathartic outpourings of suffering and anger that lead, incredibly, to genuine remorse and the beginnings of true empathy . . . the first steps on the long road to redemption. Cutting through the political platitudes surrounding the controversial issue of juvenile justice, Hubner lays bare the complex ties between abuse and violence. By turns wrenching and uplifting, Last Chance in Texas tells a profoundly moving story about the children who grow up to inflict on others the violence that they themselves have suffered. It is a story of horror and heartbreak, yet ultimately full of hope.
Download or read book Criminal with bonus novella Snatched written by Karin Slaughter and published by Dell. This book was released on 2012-07-03 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER “[A] hold-on-to-your-hat, nail-biting story.”—The Washington Post “Slaughter’s best yet, by far.”—Lee Child Will Trent is a brilliant agent with the Georgia Bureau of Investigation. Newly in love, he is beginning to put a difficult past behind him. Then a local college student goes missing, and Will is inexplicably kept off the case by his supervisor and mentor, deputy director Amanda Wagner. Will cannot fathom Amanda’s motivation until the two of them literally collide in an abandoned orphanage they have both been drawn to for different reasons. Decades before, when his father was imprisoned for murder, this was Will’s home. It appears that the case that launched Amanda’s career forty years ago has suddenly come back to life—and it involves the long-held mystery of Will’s birth and parentage. Now these two dauntless investigators will each need to face down demons from the past if they are to prevent an even greater terror from being unleashed. Includes Karin Slaughter’s short story “Snatched” and a preview of the Will Trent novel Unseen “With every page of this story the tension mounts. . . . If you have a hunger for a rich and fulfilling novel then you owe it to yourself to pick up Criminal.”—Huffington Post “A masterpiece of character, atmosphere and riveting suspense, Criminal is the most powerful and moving novel yet from one of the most gifted storytellers at work today.”—Chicago Daily Herald
Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Download or read book Just Sentencing written by Richard S. Frase and published by Oxford University Press, USA. This book was released on 2013 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Download or read book Talking Criminal Justice written by Michael J Coyle and published by Routledge. This book was released on 2013-10-28 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The words we use to talk about justice have an enormous impact on our everyday lives. As the first in-depth, ethnographic study of language, Talking Criminal Justice examines the speech of moral entrepreneurs to illustrate how our justice language encourages social control and punishment. This book highlights how public discourse leaders (from both conservative and liberal sides) guide us toward justice solutions that do not align with our collectively professed value of "equal justice for all" through their language habits. This contextualized study of our justice language demonstrates the concealment of intentions with clever language use which mask justice ideologies that differ greatly from our widely espoused justice values. By the evidence of our own words Talking Criminal Justice shows that we consistently permit and encourage the construction of people in ways which attribute motives that elicit and empower social control and punishment responses, and that make punitive public policy options acceptable.This book will be of interest to academics, students and professionals concerned with social and criminal justice, language, rhetoric and critical criminology.
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 Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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 Criminal written by Tom Gash and published by Penguin UK. This book was released on 2016-05-05 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way we see and understand crime falls into two types of story that, in essence, have been told and retold many times throughout human history - in fiction, as in fact. Criminality is either a selfish choice, an aberration; or a forced choice, the product of social factors. These two stories continue to dominate both our views of and responses to crime. And, says Tom Gash, they are completely wrong. In seeking to dispel the myths that surround and inform our views of crime, Criminal argues that our obsession with 'big arguments' about crime's causes can lead us to mistake individual cases as proof of universal rules. How, he asks, can we suspend our knee-jerk reactions, and begin to understand crime for what it is: as a risk that can be managed and reduced.
Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Illusion of Order written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2005-02-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comrade Criminal written by Stephen Handelman and published by Yale University Press. This book was released on 1995-01-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Om den russiske mafia, som ikke kun er bander og organiseret krig, men også et voldeligt udtryk for den revolutionære klassekamp
Download or read book Inside the Criminal Mind Newly Revised Edition written by Stanton Samenow and published by Crown. This book was released on 2014-11-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant, no-nonsense profile of the criminal mind, newly updated in 2022 to include the latest research, effective methods for dealing with hardened criminals, and an urgent call to rethink criminal justice from expert witness Stanton E. Samenow, Ph.D. “Utterly compelling reading, full of raw insight into the dark mind of the criminal.”—John Douglas, author of the #1 New York Times bestseller Mind Hunter Long-held myths defining the sources of and remedies for crime are shattered in this groundbreaking book—and a chilling profile of today’s criminal emerges. In 1984, Stanton Samenow changed the way we think about the workings of the criminal mind, with a revolutionary approach to “habilitation.” In 2014, armed with thirty years of additional knowledge and insight, Samenow explored the subject afresh, explaining criminals’ thought patterns in the new millennium, such as those that lead to domestic violence, internet victimization, and terrorism. Since then the arenas of criminal behavior have expanded even further, demanding this newly updated version, which includes an exploration of social media as a vehicle for criminal conduct, new pharmaceutical influences and the impact of the opioid crisis, recent genetic and biological research into whether some people are “wired” to become criminals, new findings on the effectiveness of cognitive behavioral therapy, and a fresh take on criminal justice reform. Throughout, we learn from Samenow’s five decades of experience how truly vital it is to know who the criminals are and how they think. If equipped with that crucial understanding, we can reach reasonable, compassionate, and effective solutions. From expert witness Dr. Stanton E. Samenow, a brilliant, no-nonsense profile of the criminal mind, updated to include new influences and effective methods for dealing with hardened criminals
