Legal Process and Social Context
Author: Casey Welch,John Randolph Fuller
American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts
How it Works, how it Doesn't, and how to Fix it
Author: Gerhard Falk
This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. * Provides an extensive bibliography including books, journal articles, newspaper accounts, and government documents * Includes a chronology
Author: Cliff Roberson,Frank DiMarino
Publisher: Pearson College Division
Taking a practical approach, AMERICAN CRIMINAL COURTS covers the entire criminal courts system in a manner which is understandable to students studying criminal justice, government, public administration and other judicially related topics. It includes a descriptive analysis of local, state, federal, and international courts and discusses the jurisdiction, processes and jurisprudence of each court. Law in Action boxes address emerging trends such as political pressure, language barriers, security in the courtroom and special courts. The book also explains the roles played by the judges in each type of court as it pertains to judicial selection, judicial decision making, and judicial review.
Author: David W. Neubauer,Henry F. Fradella
Publisher: Cengage Learning
The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative courtroom workhouse model -- which focuses on the interrelationships among the judge, prosecutor, and defense attorney -- brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it is like to work within the American criminal justice system, and the thirteenth edition is no exception. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
a resource guide for teachers
Author: David L. Hudson,American Bar Association. Public Education Division,United States. Office of Juvenile Justice and Delinquency Prevention
Cultural Defenses and Prosecutions
Author: Caroline Braunmühl
Category: Political Science
The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.
Masseninhaftierung und Rassismus in den USA
Author: Michelle Alexander
Publisher: Antje Kunstmann
Category: Political Science
Die Wahl von Barack Obama im November 2008 markierte einen historischen Wendepunkt in den USA: Der erste schwarze Präsident schien für eine postrassistische Gesellschaft und den Triumph der Bürgerrechtsbewegung zu stehen. Doch die Realität in den USA ist eine andere. Obwohl die Rassentrennung, die in den sogenannten Jim-Crow-Gesetzen festgeschrieben war, im Zuge der Bürgerrechtsbewegung abgeschafft wurde, sitzt heute ein unfassbar hoher Anteil der schwarzen Bevölkerung im Gefängnis oder ist lebenslang als kriminell gebrandmarkt. Ein Status, der die Leute zu Bürgern zweiter Klasse macht, indem er sie ihrer grundsätzlichsten Rechte beraubt – ganz ähnlich den explizit rassistischen Diskriminierungen der Jim-Crow-Ära. In ihrem Buch, das in Amerika eine breite Debatte ausgelöst hat, argumentiert Michelle Alexander, dass die USA ihr rassistisches System nach der Bürgerrechtsbewegung nicht abgeschafft, sondern lediglich umgestaltet haben. Da unter dem perfiden Deckmantel des »War on Drugs« überproportional junge männliche Schwarze und ihre Communities kriminalisiert werden, funktioniert das drakonische Strafjustizsystem der USA heute wie das System rassistischer Kontrolle von gestern: ein neues Jim Crow.
(Second Edition): a Concise Guide to Cops, Courts, Corrections, and Victims
Author: James Windell
Publisher: Cognella Academic Publishing
Category: Social Science
Author: James B Bolen, Ph.D.
Publisher: Page Publishing Inc
Category: Political Science
What war on drugs? Is our government complicit in the continued proliferation of the illegal drug trade in our nation? This supposed war on drugs has been ongoing for better than one hundred years with no apparent conclusion in sight. Perhaps we should entertain a new strategy to achieve ultimate victory in this never-ending conflict. Our criminal court system provides numerous avenues for offenders to eschew responsibility for their misdeeds. Overburdened criminal courts rely heavily upon “deal making” as the primary means to adjudicate their caseloads. And in the rare instance when a case goes to trial, the primary objective of the attorneys is to win the contest, attainment of justice be damned. The prison system has become the de facto long-term mental health facility in our country. Our recidivism rate is obscene, and we spend much more money incarcerating our youth than educating our youth. Speaking of education, the educational standards in our nation have devolved to a point where the educational achievement level of students in most of the other industrial nations far exceeds American students. And there is an irrefutable relationship between graduation rates, academic achievement, and index crime. Issues regarding the use of force by police officers still plague our country. In minority communities, the divide between law enforcement officers and the citizenry they serve is ever expanding. This book does more than illustrate the various inequities and deficiencies of our Criminal Justice System. It provides tangible solutions for such. This text shall ruffle the feathers of liberals and conservatives alike...oh darn! The sole objective of this book is to advocate for a Criminal Justice System that is effective, and that serves each of identically.
Author: Brendan Maguire,Polly F. Radosh
Publisher: Rowman & Littlefield
Today's criminal justice system is the product of adjustments and reappraisals of policies and practices of the past. The Past Present, and Future of American Criminal Justice highlights how criminal justice has changed and how it continues to change. It brings together three sections: on police, courts, and corrections. Each section contains a historical case study chapter, a chapter on the contemporary patterns, and a chapter of informed speculations on future trends. Altogether The Past, Present and Future gives an excellent overview the everchanging U.S. criminal justice system.
The Dark Figure of Racism
Author: Dragan Milovanovic,Katheryn Russell-Brown
Category: Social Science
Racial Disparities in the American Criminal Justice System
Publisher: DIANE Publishing
Category: Social Science
The U.S. has made significant progress toward ensuring equal treatment under law for all citizens. But in one arena -- criminal justice -- racial inequality is growing, not receding. Our criminal laws, while facially neutral, are enforced in a massively & pervasively biased manner. The injustices of the criminal justice system threaten to render irrelevant 50 years of hard-fought civil rights progress. This policy report examines the systematically unequal treatment of black & Hispanic Americans & other minorities as compared to their similarly situated white counterparts within the criminal justice system. It reviews the effects of such unequal treatment on these groups & on the criminal justice system.
The New American Demography
Author: Martin Guevara Urbina
Publisher: Charles C Thomas Publisher
Category: SOCIAL SCIENCE
Historically, most studies that have explored the experiences of criminal defendants in the American criminal Justice system, whether it is in the area of policing, courts, or corrections, have focused almost exclusively on race. Hispanics have resided in the United States since 1598 and recently bypassed African Americans in the general population for the first time in history. In this context, this book will examine the Hispanic experience in the criminal justice system by exploring a series of crucial factors. Major topics include: Hispanics and the American police, policing the barrios, immigration lockdown, the dynamics of arresting Hispanics, criminalizing Mexican identity, Latinos and the 4th Amendment, the exclusion of Latinos from Grand and Petit juries, the penal system and the critical issues facing Hispanic prisoners, probation and parole, the legacy of capital punishment, life after prison, and the dynamics of education and globalization in America. This text presents a variety of studies that illustrate alternative ways of interpreting crime, punishment, safety, equality, and justice. The findings from these studies reveal that race, ethnicity, gender, and class continue to play a significant role in the legal decision-making process. Hispanics in the U.S. Criminal Justice System is written for professionals and students of criminal justice and law enforcement in helping to understand the historical legacy of brutality, manipulation, oppression, marginalization, prejudice, discrimination, power and control, and white America’s continued fear about racial and ethnic minorities.
A Comprehensive Look at Bail in America's Criminal Justice System
Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
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.
Lessons and the Anatomy of an American Tragedy
Author: William J. Stuntz
Publisher: Harvard University Press
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.
Author: Mitchel Roth
Publisher: Cengage Learning
Category: Social Science
Authoritative and engaging, CRIME AND PUNISHMENT: A HISTORY OF THE CRIMINAL JUSTICE SYSTEM, 2e delivers a comprehensive examination of the history of the criminal justice system. Roth begins with a discussion of system’s roots in the ancient world and Great Britain and carries the narrative all the way through the 21st Century and the impact of terrorism and white collar crime on today’s criminal justice institutions. Written by a historian and criminologist, the text goes in depth to demonstrate how history has shaped the present criminal justice system and how it affects public policy being established today. It offers intriguing insight into the people--such as Robert F. Kennedy and J. Edgar Hoover--and events--like the Innocence Project--that impacted the evolution of the American system. In addition to its thorough coverage of history, the Second Edition explores the issues challenging today’s system, such as Ponzi schemes, medical marijuana, the Second Chance Act, faith-based initiatives, prison gangs, and much more. Covering criminal justice both chronologically and topically, CRIME AND PUNISHMENT couples recent trends with historical analysis to equip readers with a thorough understanding of today’s criminal justice system. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Racism and Injustice in America's Largest Criminal Court
Author: Nicole Gonzalez Van Cleve
Publisher: Stanford Law Books
NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago-Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
Author: Jon'a Meyer,Diana Ruth Grant
Publisher: Pearson College Division
The Courts in Our Criminal Justice System presents a unique historical context on the development, functions, and controversies in the courts system that is lacking in other courts books, while simultaneously presenting the most current theory, research, and examples on the topic. This broad, temporally inclusive approach to the study of the courts will help provide the “big picture” framework necessary for readers to understand the modern American criminal courts process. A Society Designs Laws; A Crime is Committed; After Arrest: Law, the Court, and Post-Arrest Procedures; The Courts Get Involved (The History of Courts and the Arrangement of Modern Courts; A Prosecutor Considers the Charges; A Defense Lawyer is Selected: The Defense Role; A Judge is Assigned to Hear the Case; Jurors and Other Key Participants in the Courtroom Play Their Roles; Some Cases Don't Make It to Court; “You Ring, We Spring” : The Role of Bail in the Court System; Plea Bargaining; Your Day in Court: The Trial Begins; The Punishment Dilemma; $30 or 30 Days: Setting the Penalty; Appeals; Juvenile Courts.