Download or read book The Transformation of Criminal Due Process in the Administrative State written by Rosann Greenspan and published by Quid Pro Books. This book was released on 2014-01-24 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic study in law and society is now readily available to scholars, researchers, and others in the field of criminal justice, due process, policing, and administrative procedure. It adds a new Preface by the author and a new Foreword by Berkeley law professor Malcolm M. Feeley. As the author reflects: "I think it was my first day in the field that the police liaison to the district attorney's probation revocation program exclaimed, 'Forget rights! Forget right to jury! Forget right to bail! There are no rights!' As Malcolm Feeley says in his Foreword, what I 'discovered' over the course of researching and writing this study was in plain view from the beginning. The criminal process has largely been subsumed as an administrative process and the procedural rights enshrined in the Bill of Rights have long since faded away. What I hope my work explains is how this happened doctrinally -- how the expansion of criminal due process was halted and redirected by the very administrative due process revolution it gave birth to. And how it happened in practice -- how police, prosecutors, and corrections came to realize that they had the tools to bypass the criminal process in enforcing the criminal sanction." In his new Foreword, Feeley describes the book as "a brilliant analysis of the criminal process" and explains why its relevance and theoretical power have increased over time. In a nation where legal rights and process became enhanced in criminal courts and formal processes of adjudication, Greenspan showed the bypassing of much of this framework by the substitution of parole revocation, probation, and the like -- by what Feeley summarizes as "the triumph of the administrative model. Her thesis shows how this occurred. The backlash to the Warren Court’s criminal due process revolutions was not a wholesale abandonment of rights, but an embrace of a lower standard of due process, administrative due process." Some of these changes are well known, of course, but "Greenspan's study is brilliant precisely because it problematizes these developments. It identifies the central issue, how thinking about the criminal process has been so fundamentally yet unwittingly transformed." This book is a powerful look at these reforms and transformations, presented in the 'Classic Dissertation Series' by Quid Pro Books. Quality ebook formatting includes properly presented tables, active contents, and linked notes. A new paperback edition of this book is also available.
Download or read book The Legal Process and the Promise of Justice written by Rosann Greenspan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.
Download or read book Is Administrative Law Unlawful written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Download or read book The Administrative Threat written by Philip Hamburger and published by Encounter Books. This book was released on 2017-05-02 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Download or read book The Regulatory Flexibility Act written by and published by . This book was released on 1982 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal Process and the Promise of Justice written by Rosann Greenspan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.
Download or read book Crime Inequality and the State written by Mary Vogel and published by Routledge. This book was released on 2020-10-28 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has crime dropped while imprisonment grows? This well-edited volume of ground-breaking articles explores criminal justice policy in light of recent research on changing patterns of crime and criminal careers. Highlighting the role of conservative social and political theory in giving rise to criminal justice policies, this innovative book focuses on such policies as ‘three strikes (two in the UK) and you’re out’, mandatory sentencing and widespread incarceration of drug offenders. It highlights the costs - in both money and opportunity - of increased prison expansion and explores factors such as: labour market dynamics the rise of a ‘prison industry’ the boost prisons provide to economies of underdeveloped regions the spreading political disenfranchisement of the disadvantaged it has produced. Throughout this book, hard facts and figures are accompanied by the faces and voices of the individuals and families whose lives hang in the balance. This volume, an essential resource for students, policy makers and researchers of criminology, criminal justice, social policy and criminal law, uses a compelling inter-play of theoretical works and powerful empirical research to present vivid portraits of individual life experiences.
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Crime Law and Society written by MalcolmM. Feeley and published by Routledge. This book was released on 2017-07-05 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
Download or read book The Oxford Handbook of American Political Development written by Richard M. Valelly and published by Oxford University Press. This book was released on 2016-09-15 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.
Download or read book The Automated State written by Janina Boughey and published by . This book was released on 2021-06-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Plea Bargaining and Criminal Justice written by Máximo Langer and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
Download or read book Criminological Perspectives written by Eugene McLaughlin and published by SAGE. This book was released on 2013-02-20 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and expanded Third Edition of the internationally acclaimed Criminological Perspectives is the most comprehensive reader available in the field. Wide-ranging and global in scope and coverage, Criminological Perspectives will enable you to critically engage with the various concepts and theoretical positions that you'll encounter throughout your studies. In addition to essays that have had a seminal influence on the development of criminology, new articles have been included to cover topics of contemporary criminological significance, including: - surveillance - digitized crime - terrorism and political violence - environmental crime - human trafficking - techno-social networks - narco-crime - global inequalities The 56 articles are organised thematically, complete with introductions that place them in context and to illustrate the approaches taken by different schools of criminological thought. Criminological Perspectives will prove an indispensible resource, whether you're studying criminology, criminal justice studies, socio-legal studies, penology, security studies, surveillance studies, or sociology.
Download or read book Beyond These Walls written by Tony Platt and published by Macmillan + ORM. This book was released on 2019-01-08 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: “You should definitely read this book... What really struck me in reading Beyond These Walls was that Tony Platt had very seriously and carefully considered the contributions of social movements—feminist, queer, disability, and labor.” —Angela Davis Beyond These Walls is an ambitious and far-ranging exploration that tracks the legacy of crime and imprisonment in the United States, from the historical roots of the American criminal justice system to our modern state of over-incarceration, and offers a bold vision for a new future. Author Tony Platt, a recognized authority in the field of criminal justice, challenges the way we think about how and why millions of people are tracked, arrested, incarcerated, catalogued, and regulated in the United States. Beyond These Walls traces the disturbing history of punishment and social control, revealing how the criminal justice system attempts to enforce and justify inequalities associated with class, race, gender, and sexuality. Prisons and police departments are central to this process, but other institutions – from immigration and welfare to educational and public health agencies – are equally complicit. Platt argues that international and national politics shape perceptions of danger and determine the policies of local criminal justice agencies, while private policing and global corporations are deeply and undemocratically involved in the business of homeland security. Finally, Beyond These Walls demonstrates why efforts to reform criminal justice agencies have often expanded rather than contracted the net of social control. Drawing upon a long tradition of popular resistance, Platt concludes with a strategic vision of what it will take to achieve justice for all in this era of authoritarian disorder.
Download or read book Prosecutorial Response to Heavy Drug Caseloads written by Kerry M. Healey and published by DIANE Publishing. This book was released on 1994-10 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Criminology Theory Reader written by Stuart Henry and published by NYU Press. This book was released on 1998 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: An anthology of theoretical essays on causes of crime published in the American Society of Criminology's journal Criminology. Articles have been edited into concise, student-friendly readings, capturing the essence and diversity of thinking about crime from major theoretical perspectives including classical and rational choice, biological and psychological, strain, subculture, social learning, neutralization, and Marxist and critical theory. Also contains cutting-edge thinking on feminist theory and on postmodernist, constitutive, and integrated approaches. Includes an overview and section introductions. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Early Drug Courts written by W. C. Terry, III and published by SAGE Publications. This book was released on 1999-03-31 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brief and readable volume focuses on five case studies in judicial innovation - the dedicated drug treatment courts in Miami, Oakland, Ft. Lauderdale, Portland, and Phoenix. Each case is presented in a chapter written by a local expert to describe and evaluate five prime examples of dedicated drug treatment courts. Editor W. Clinton Terry, III introduces this volume with a chapter that covers judicial innovation and dedicated drug courts, revealing that dedicated courts are unique because of their focus on treatment; the nontraditional, collaborative approach to treatment; and monitoring of by the judiciary. As Terry emphasizes, the court becomes an integral part of the treatment process itself, not just a referral point for offenders. The subsequent chapters are written to a common outline, creating a tightly edited and cohesive volume that addresses the following points: - Community demographics - Structural organization of the court - Court caseloads, including drug cases - Description of the initial decision to implement dedicated drug treatment courts - Successes and failures of initial goals and objectives, and subsequent adaptations - Measures of long-term successes and failures (recidivism and successful completion of treatment programs) The concluding chapter, written by John Goldkamp, a proven researcher of drug courts, synthesizes the research from the evaluation of the exemplar courts, and examines other areas of possible research that would provide a firmer understanding about these courts - all of which speaks to the continued development and refinement of dedicated drug treatment courts. With approximately one billion dollars in federal monies earmarked for the creation of drug courts, this unique book offers a road map to the effective utilization of those funds.
