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 The Constrained Court written by Michael A. Bailey and published by Princeton University Press. This book was released on 2011-09-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Download or read book Reining Justice written by Brian O'Neill and published by . This book was released on 2015-02-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Ozark Mountains between Northern Arkansas and Southwestern Missouri is a place of deep history and brutal vigilante justice. There was little or no law, and little or no care for how the Ozarks and the people who called this forsaken place home were treated. Real life people stood together and created a band of brothers to fight the killing and injustice imposed on the area by ex clivil war soldiers, bandits and marauders. These civilian soldiers came to be known in actual history as Baldknobbers. Our story is told fictionally through the eyes of one of those men. Our hero Thurman Hope took the weight of a entire region on his shoulders and vowed to protect his people, from his own people. These are his stories.

Download or read book Reports of Cases at Common Law and in Chancery Argued and Determined in the Supreme Court of the State of Illinois written by Illinois. Supreme Court and published by . This book was released on 1911 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois written by Illinois. Supreme Court and published by . This book was released on 1911 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reports of cases at law and in chancery argued and determined in the Supreme Court of Illinois written by and published by . This book was released on 1911 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reining in the Imperial Presidency written by United States. Congress. House. Committee on the Judiciary. Majority Staff and published by DIANE Publishing. This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.

Download or read book New York Supreme Court Appellate Division Fourth Department written by and published by . This book was released on with total page 1206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Supreme Court written by and published by . This book was released on with total page 1428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Supreme Court 4 volumes written by Paul Finkelman and published by Bloomsbury Publishing USA. This book was released on 2014-01-15 with total page 2279 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.

Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University

Download or read book West s Military Justice Reporter written by and published by . This book was released on 1994 with total page 1388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Reception and Transmission of Civil Procedural Law in the Global Society written by Masahisa Deguchi and published by Garant. This book was released on 2008 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.

Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.

Download or read book The Rehnquist Court and Criminal Justice written by Christopher E. Smith and published by Lexington Books. This book was released on 2011-11-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice, William H. Rehnquist, ascended to the key leadership position of Chief Justice and he was joined on the Court by two new appointees, Antonin Scalia and Clarence Thomas, who were equally supportive of both greater authority for police and limited definitions of constitutional rights for suspects, defendants, and criminal offenders. The Rehnquist Court era decisions refined and narrowed many of the rights-expanding decisions of the Warren Court era (1953-1969). However, the Supreme Court did not ultimately eliminate the Warren era's foundational rights concepts in criminal justice, such as the exclusionary rule and Miranda warnings. As the leading liberal voices of the Warren era, William Brennan and Thurgood Marshall, retired early in the Rehnquist era, the Court experienced continued advocacy of broad conceptions for many rights through the increased assertiveness of Republican appointees Harry Blackmun, John Paul Stevens, and David Souter as well as the arrival of new Democratic appointees Ruth Bader Ginsburg and Stephen Breyer. In many important cases, the justices advocating the preservation of constitutional protections could prevail, even on a generally conservative Court, by persuading one or more of President Ronald Reagan's appointees to support a particular right for suspects and defendants. Sandra Day O'Connor and Anthony Kennedy, in particular, shaped outcomes within a divided Court as they determined which of the Court’s wings with which they would align in a particular case. The contributors to this volume identify and highlight the unique perspectives and influential decisions of individual justices as the means for understanding the Rehnquist Court’s imprint on criminal justice.

Download or read book The Unitary Executive Theory written by Jeffrey Crouch and published by University Press of Kansas. This book was released on 2020-11-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: “I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president’s executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned. A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.

Download or read book The Waite Court written by Donald Grier Stephenson and published by Bloomsbury Publishing USA. This book was released on 2003-11-12 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive exploration of the major decisions and personalities of the Supreme Court during the 14-year tenure of Chief Justice Morrison Remick Waite. The Waite Court: Justices, Rulings, and Legacy presents a fresh interpretation of the Supreme Court under the tenure of Chief Justice Morrison Remick Waite (1874–1888). An in-depth analysis of key decisions demonstrates how the Waite Court confronted such profound issues as the post-Civil War rights of African Americans and state regulations intended to cope with rampant industrialization. Highlighting the Court's most famous decision, Munn v. Illinois, which upheld legislation regulating railroad and grain elevator rates, this careful analysis also reviews the Court's unique involvement in the 1876 presidential election electoral predicament. Profiles of the 15 justices who served on the Waite Court include extensive descriptions of the five that rank among the most outstanding justices ever to serve on the Supreme Court.