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
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.
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.
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 Twelfth 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.
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.
Author: David W. Neubauer
Publisher: Thomson Brooks/Cole
Open this book and step into America's court system! What's it like to be a judge? A prosecutor? A defense attorney? With Neubauer's best-selling book, you'll find out! This fascinating and well-researched text gives you the sense of being in the courthouse-of what it is like to work in and be a part of the system. This concept of the courthouse "players" illustrates each person's important role in bringing a case through the court process. Throughout the text, Neubauer highlights not only the pivotal role of the criminal courts within the criminal justice system but also the court's importance and impact on society as a whole.
Author: David Neubauer
Publisher: Cengage Learning
Category: Social Science
Open this book and step into America's court system! What's it like to be a judge? A prosecutor? A defense attorney? With Neubauer's best-selling book, you'll find out! This fascinating and well-researched text gives you the sense of being in the courthouse-of what it is like to work in and be a part of the system. This concept of the courthouse players illustrates each person's important role in bringing a case through the court process. Throughout the text, Neubauer highlights not only the pivotal role of the criminal courts within the criminal justice system but also the court's importance and impact on society as a whole. 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.
Black Rebels Before the American Criminal Courts
Author: Isaac D. Balbus
Publisher: Russell Sage Foundation
Category: Social Science
Less than 2 percent of some 4000 adults prosecuted for participating in the bloodiest ghetto revolt of this generation served any time in jail as a result of their conviction and sentencing. Why? Why, in contrast, did the majority of those arrested following a brief and minor confrontation with police in a different city receive far harsher treatment than ordinarily meted out for comparable offenses in "normal" times? What do these incidents tell us about the nature of legal repression in the American state? No coherent theory of political repression in the liberal state exists today. Neither the liberal view of repression as "anomaly" nor the radical view of repression as "fascist core" appears to come to grips with the distinctive characteristics of legal repression in the liberal state. This book attempts to arrive at a more adequate understanding of these "distinctive characteristics" by means of a detailed analysis of the legal response to the most serious violent challenge to the existing political order since the Great Depression—the black ghetto revolts between 1964 and 1968. Using police and court records, and extensive interviews with judges, defense attorneys, prosecutors, and detention officials, Professor Balbus provides a complete reconstruction of the response of the criminal courts of Los Angeles, Detroit, and Chicago to the "civil disorders" that occurred in these cities. What emerges is a disturbing picture of the relationship between court systems and participants and the local political environments in which they operate.
Key Terms and Major Supreme Court Cases
Author: Dean J. Champion
Publisher: Taylor & Francis
Combines a dictionary of key legal terms with an index of leading United States Supreme Court cases indexed by type of case, such as death penalty, right to counsel, and searches and seizures.
Hearing Before The Committee On Foreign Relations, U.s. Senate
Author: Rod Grams
Publisher: DIANE Publishing
Witnesses: John Bolton, Former Assist. Sec. of State for Int'l. Org. Affairs, & Sr. V.P., Amer. Enterprise Inst.; Lee Casey, Attorney, Hunton & Williams; Michael Scharf, Prof. of Law, & Dir., Center for Int'l. Law & Policy, New England School of Law; & David Scheffer, Amb.-at-Large for War Crimes Issues, accomp. by Mary Ellen Warlow, U.S. Dept. of Justice. Also includes: statements submitted by The Lawyers Comm. for Human Rights & by Richard Dicker of Human Rights Watch; & doc. such as the Rome Statute of the International Criminal Court; State. of the U.S. Del. to the Preparatory Comm. on the Estab. of an International Criminal Court; & Proposal Submitted on Elements of Offenses for the International Criminal Court.
U.S. Interest in the International Criminal Court
Author: Lee Feinstein,Tod Lindberg
Publisher: Brookings Institution Press
Category: Political Science
The International Criminal Court remains a sensitive issue in U.S. foreign policy circles. It was agreed to at the tail end of the Clinton administration, but with serious reservations. In 2002 the Bush administration ceremoniously reversed course and "unsigned" the Rome Statute that had established the Court. But recent developments in Washington and elsewhere indicate that the United States may be moving toward de facto acceptance of the Court and active cooperation in its mission. In Means to an End, Lee Feinstein and Tod Lindberg reassess the relationship of the United States and the ICC, as well as American policy toward international justice more broadly. Praise for the hardcover edition of Means to an End "Books of this sort are all too rare. Two experienced policy intellectuals, one liberal, one conservative, have come together to find common ground on a controversial foreign policy issue.... The book is short, but it goes a long way toward clearing the ideological air." — Foreign Affairs "A well-researched and timely contribution to the debate over America's proper relationship to the International Criminal Court. Rigorous in its arguments and humane in its conclusions, the volume is an indispensable guide for scholars and policymakers alike." —Madeleine K. Albright, former U.S. Secretary of State "Two of our nation's leading authorities on preventing atrocities have joined to make a convincing argument that closer cooperation with the International Criminal Court will help promote human rights and the values on which America was founded." —Angelina Jolie, co-chair, Jolie-Pitt Foundation
A Contemporary Perspective
Author: Craig Hemmens,David C. Brody,Cassia Spohn
Category: Social Science
This comprehensive textbook covers court structure, courtroom actors, and the trial and appeal process. In addition, it also covers related areas often not covered, or inadequately covered, in many courts textbooks. These include judicial decision-making, specialized courts, and comparative court systems.
Author: Cassia Spohn,Craig Hemmens
Category: Social Science
Just published and already adopted at Penn State, Wright State University, and Western Michigan University! Courts: A Text/Reader provides the best of both worlds- authored text sections with carefully selected accompanying readings that illustrate the questions and controversies legal scholars and court researchers are investigating in the 21st century. The articles, from leading journals in criminology and criminal justice, reflect both classic studies of the criminal court system and state-of-the-art research, and often have a policy perspective that makes them more applied, less theoretical, and more interesting to both undergraduate and graduate students. Key Features Begins with an introductory chapter that presents a succinct overview of the U.S. criminal court system and its processes, and briefly describes the organization and content of the book Features “How to Read a Research Article”-a perfect introduction to understanding how real-world research is organized and delivered in the journal literature-which precedes and is tied to the first reading in the book Includes a "mini-chapter” for each section, with figures and tables that present basic concepts and provide a background for the readings that follow Introduces students to cutting-edge research and classic studies of the criminal court system by leading scholars in the field in carefully selected, edited research articles Provides key terms, Web resources, and thought-provoking discussion questions for each section, along with questions for each reading to help students develop their critical thinking skills Accompanied by High-Quality Ancillaries! Instructor Resources on CD include a test bank, PowerPoint slides for each section, classroom activities, and more. To request a copy, qualified adopters should contact SAGE Customer Care at 800-818-SAGE (7243) from 6am – 5pm, PT. A Student study site at www.sagepub.com/spohnstudy provides additional articles, self-study quizzes, e-flashcards, and more. Intended Audience This unique Text/Reader is primarily intended for undergraduate and graduate courses on the criminal court system and/or judicial processes. To learn more about author Cassia Spohn, please click here. Interested in a text/ reader for another criminology or criminal justice here? Explore other titles in the series.
Global Politics and the Quest for Justice
Author: William Driscoll,Joseph P. Zompetti,Suzette Zompetti
Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.
Sexual Violence and Legal Culture in New York City, 1880-1960
Author: Stephen Robertson
Publisher: Univ of North Carolina Press
In the first half of the twentieth century, Americans' intense concern with sex crimes against children led to a wave of public discussion, legislative action, and criminal prosecution. Stephen Robertson provides the first large-scale, long-term study of how American criminal courts dealt with the prosecution of sexual violence against children. Robertson describes how the nineteenth-century approach to childhood as a single phase of innocence began to shift at the end of the century to include several stages of childhood development, prompting reformers to create legal categories such as statutory rape and carnal abuse to protect children. However, while ordinary New Yorkers' involvement in the prosecution of those offenses reshaped their understandings of who was a child and produced a new concern to establish the age of their sexual partners, their beliefs in childhood innocence and in a concept of sexuality centered on sexual intercourse remained unchanged. As a result, families' use of the law and jurors' decisions ultimately diminished the protection the new laws offered to children. Robertson's study, based on the previously unexamined files of the New York County district attorney's office, reveals the importance of child sexuality and sex crimes in twentieth-century American culture.
Author: Clemens Bartollas,Michael Braswell
Publisher: DIANE Publishing
Beyond the Nuremberg Legacy
Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff
Publisher: OUP Oxford
Category: Political Science
This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.