Download or read book Congress and Crime written by Joseph F. Zimmerman and published by Lexington Books. This book was released on 2014-08-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Download or read book Criminal Law and the Authority of the State written by Antje du Bois-Pedain and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by Studies in Penal Theory and Ph. This book was released on 2018-11-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
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 SOU CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law and Practice of the State of New York written by New York (State). and published by . This book was released on 1918 with total page 1686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of the Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Download or read book A Treatise on the Criminal Law and Criminal Courts of the State of New York written by Oliver Lorenzo Barbour and published by . This book was released on 1883 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Criminal Law of the State of New York written by Oliver Lorenzo Barbour and published by . This book was released on 1852 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law and Society written by Frank D. Day and published by . This book was released on 1964 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Philosophy of Criminal Law written by Chad Flanders and published by Rowman & Littlefield. This book was released on 2015-12-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1991-07-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Download or read book The Constitution of the Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law written by Andre A. Moenssens and published by . This book was released on 2008 with total page 1454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 eighth edition of Cases and Comments on Criminal Law continues the format of subject-matter structure that was introduced several editions before and has proven successful and eminently workable in the classroom. At the same time, the eighth edition strikes several new themes designed to modernize the book and make it more meaningful in today's justice system as well as more accessible to the students. Some older cases have been removed and new cases added to address conceptual issues in a contemporary setting. For example, the 7th and 8th editions have added thirteen new cases to Chapter 2 (four in the 8th edition) including recent United States Supreme Court decisions that have impressed themselves onto the national legal framework.The Notes and Questions have been updated where desirable to reflect variations on the principal cases in modern factual circumstances. Additionally, problems (with citations to the cases they reflect) have been added to the Notes to permit exploration of conceptual nuances in a context less directive than case analysis.Most importantly, in the 8th edition we have added a new chapter on "Crimes Against Governmental Authority." Although the impetus for this chapter was provided by the government's response to the recent terrorist threat, the chapter covers how the state historically has dealt with both physical and sociopolitical challenges to its authority and the welfare of its citizens. After a brief history of governmental acts to defend itself, beginning with sedition at the end of the 18th Century, the chapter covers how traditional crimes have been used by the state in this capacity, and then takes up statutes that have been enacted explicitly to deal with threats to governmental authority, such as crimes aimed at communism, the USA PATRIOT Act, and at material support of terrorist organizations. We have developed this chapter to provide a contemporary setting for showing how the criminal law is utilized to combat threats in a nontraditional area of the first-year course of criminal law, and we hope it appeals to those who prefer both the contemporary and the nontraditional. As in the past, our book starts with a brief outline of criminal procedure. We believe it essential that a beginning student have an insight into the criminal justice process as a prerequisite to a proper understanding of the cases on substantive criminal law. As in prior editions, the book ends with an Appendix containing pertinent provisions of the United States Constitution and its Amendments. Since these provisions are liberally referred to in many cases, the student has ready access to their precise wording.
Download or read book Criminal Law and Statutory Penalties of Illinois written by Illinois and published by . This book was released on 1920 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
