Download or read book Criminal Law and Procedure written by Donald A. Dripps and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook provides the most comprehensive treatment available, including the theoretical foundations, the common-law origins, the statutory structure, and the procedural context of modern criminal law. The book concentrates on doctrinal materials that can support both rigorous technical and sophisticated theoretical discussions. The purposes and limits of punishment are addressed through Supreme Court decisions, a focus on statutes throughout the substantive law sections enables training students in the legal art of statutory interpretation as well as exposing them to the hard moral and political problems of legislative choice, and the sentencing materials reprise the theory of punishment in the context of the practically most important stage of the modern process. The 12th edition carries forward the comprehensive approach of prior editions, empowering the teacher to design a course suited to the needs of the teacher's students and teacher's institution. New Supreme Court's decisions, changing the landscape of both substance and procedure, include Skilling v. United States, McDonald v. City of Chicago, Graham v. Florida, United States v. Jones, and Michigan v. Bryant. The material on self-defense has been comprehensively revised, both for the sake of clarity and to include discussion of so-called "stand your ground laws." Statutes (e.g., the New York and California homicide statutes) and the caselaw (e.g., up-to-the-minute material on "willful blindness") have been updated. We also now include a case about the admissibility of neuro-imaging evidence to support a diminished-capacity defense, thus acknowledging how modern brain science has begun to raise both practical evidentiary issues and a substantial challenge to important theoretical premises of the criminal law.
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Download or read book The Machinery of Criminal Justice written by Stephanos Bibas and published by Oxford University Press. This book was released on 2012-02-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trial and Error in Criminal Justice Reform written by Greg Berman and published by Rowman & Littlefield. This book was released on 2016-03-21 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. 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. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.
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 Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Supplement to Eighth Editions Modern Criminal Procedure written by Yale Kamisar and published by . This book was released on 1995 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prisoners of Politics written by Rachel Elise Barkow and published by Belknap Press. This book was released on 2019-03-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged
Download or read book The Listeners written by Brian Hochman and published by Harvard University Press. This book was released on 2022-03-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: TheyÕve been listening for longer than you think. A new history reveals howÑand why. Wiretapping is nearly as old as electronic communications. Telegraph operators intercepted enemy messages during the Civil War. Law enforcement agencies were listening to private telephone calls as early as 1895. Communications firms have assisted government eavesdropping programs since the early twentieth centuryÑand they have spied on their own customers too. Such breaches of privacy once provoked outrage, but today most Americans have resigned themselves to constant electronic monitoring. How did we get from there to here? In The Listeners, Brian Hochman shows how the wiretap evolved from a specialized intelligence-gathering tool to a mundane fact of life. He explores the origins of wiretapping in military campaigns and criminal confidence games and tracks the use of telephone taps in the US governmentÕs wars on alcohol, communism, terrorism, and crime. While high-profile eavesdropping scandals fueled public debates about national security, crime control, and the rights and liberties of individuals, wiretapping became a routine surveillance tactic for private businesses and police agencies alike. From wayward lovers to foreign spies, from private detectives to public officials, and from the silver screen to the Supreme Court, The Listeners traces the long and surprising history of wiretapping and electronic eavesdropping in the United States. Along the way, Brian Hochman considers how earlier generations of Americans confronted threats to privacy that now seem more urgent than ever.
Download or read book Constitutional Criminal Procedure written by Andrew E. Taslitz and published by . This book was released on 2003 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taslitz and Paris' Constitutional Criminal Procedure provides detailed information on criminal code. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
Download or read book Start Here written by Greg Berman and published by The New Press. This book was released on 2018-03-06 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: As heard on NPR's Fresh Air Recommended by The New York Times' Sam Roberts “Start Here is an urgent and timely primer on the approaches that are working and don’t require federal approval or political revolution to end one of the most pressing justice issues the country faces today.” —Brooklyn Daily Eagle A bold agenda for criminal justice reform based on equal parts pragmatism and idealism, from the visionary director of the Center for Court Innovation, a leader of the reform movement Everyone knows that the United States leads the world in incarceration, and that our political process is gridlocked. What can be done right now to reduce the number of people sent to jail and prison? This essential book offers a concrete roadmap for both professionals and general readers who want to move from analysis to action. In this forward-looking, next-generation criminal justice reform book, Greg Berman and Julian Adler of the Center for Court Innovation highlight the key lessons from these programs—engaging the public in preventing crime, treating all defendants with dignity and respect, and linking people to effective community-based interventions rather than locking them up. Along the way, they tell a series of gripping stories, highlighting gang members who have gotten their lives back on track, judges who are transforming their courtrooms, and reformers around the country who are rethinking what justice looks like. While Start Here offers no silver bullets, it does put forth a suite of proven reforms—from alternatives to bail to diversion programs for mentally ill defendants—that will improve the lives of thousands of people right now. Start Here is a must-read for everyone who wants to start dismantling mass incarceration without waiting for a revolution or permission. Proceeds from the book will support the Center for Court Innovation's reform efforts.
Download or read book Comprehensive Criminal Procedure written by Ronald J. Allen and published by Aspen Publishing. This book was released on 2021-07-22 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive Criminal Procedure, 2021 Case Supplement
Download or read book How to Become a Federal Criminal written by Mike Chase and published by Simon and Schuster. This book was released on 2019-06-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this “excellent book for people who like to start sentences with ‘Did you know that…’” (The New York Times), discover the most bizarre ways you might become a federal criminal in America—from mailing a mongoose to selling Swiss cheese without enough holes—written and illustrated by the creator of the wildly popular @CrimeADay Twitter account. Have you ever clogged a toilet in a national forest? That could get you six months in federal prison. Written a letter to a pirate? You might be looking at three years in the slammer. Leaving the country with too many nickels, drinking a beer on a bicycle in a national park, or importing a pregnant polar bear are all very real crimes, and this riotously funny, ridiculously entertaining, and fully illustrated book shows how just about anyone can become—or may already be—a federal criminal. Whether you’re a criminal defense lawyer or just a self-taught expert in outrageous offenses, How to Become a Federal Criminal is “an entertaining and humorous look at our criminal justice system” (Forbes).
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Download or read book Punishment Without Trial written by Carissa Byrne Hessick and published by Abrams. This book was released on 2021-10-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
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 Solutions written by Joe Biden and published by . This book was released on 2015-04-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mass incarceration. In recent years it's become clear that the size of America's prison population is unsustainable -- and isn't needed to protect public safety. In this remarkable bipartisan collaboration, the country's most prominent public figures and experts join together to propose ideas for change. In these original essays, many authors speak out for the first time on the issue. The vast majority agree that reducing our incarcerated population is a priority. Marking a clear political shift on crime and punishment in America, these sentiments are a far cry from politicians racing to be the most punitive in the 1980s and 1990s. Mass incarceration threatens American democracy. Hiding in plain sight, it drives economic inequality, racial injustice, and poverty. How do we achieve change? From using federal funding to bolster police best practices to allowing for the release of low-level offenders while they wait for trial, from eliminating prison for low-level drug crimes to increasing drug and mental health treatment, the ideas in this book pave a way forward. Solutions promises to further the intellectual and political momentum to reform our justice system.
