The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press

ISBN: 0195374681

Category: Law

Page: 285

View: 5362

The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.

The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press

ISBN: 0190236760

Category: Law

Page: 320

View: 1823

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.

The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press

ISBN: 0199705518

Category: Law

Page: 320

View: 5257

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.

The Machinery of Justice in England

Author: R. M. Jackson

Publisher: Cambridge University Press

ISBN: 1107594782

Category: Law

Page: 470

View: 2930

First published in 1964, as the fourth edition of a 1940 original, this book presents an account regarding law courts and the administration of justice in England. In opposition to other more clinical approaches to the subject, the text takes the view that 'The best introduction to law is a study of the institutions and environment in which lawyers work.' Notes are incorporated throughout. This book will be of value to anyone with an interest in British legal history and the administrative side of law.

Machinery of Death

The Reality of America's Death Penalty Regime

Author: David R. Dow,Mark Dow

Publisher: Routledge

ISBN: 1135326398

Category: Political Science

Page: 288

View: 6238

First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Rebooting Justice

More Technology, Fewer Lawyers, and the Future of Law

Author: Benjamin H. Barton,Stephanos Bibas

Publisher: Encounter Books

ISBN: 1594039348

Category: Law

Page: N.A

View: 5516

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

To Serve and Protect

Privatization and Community in Criminal Justice

Author: Bruce L. Benson

Publisher: NYU Press

ISBN: 0814713270

Category: Law

Page: 372

View: 2335

An Independent Institute book.

Defending the Jury

Author: Laura I Appleman

Publisher: Cambridge University Press

ISBN: 1107043549

Category: Law

Page: 250

View: 7489

This book exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. It sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive.

The Collapse of American Criminal Justice

Author: William J. Stuntz

Publisher: Harvard University Press

ISBN: 0674051750

Category: Law

Page: 413

View: 9221

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.

Executing Justice

An Inside Account of the Case of Mumia Abu-Jamal

Author: Daniel R. Williams

Publisher: St. Martin's Press

ISBN: 9780312283179

Category: Biography & Autobiography

Page: 432

View: 6269

Mumia Abu-Jamal's defense attorney provides an account of his client's struggle for justice as he describes the 1982 conviction of the award-winning journalist for the killing of a police officer.

End of Its Rope

How Killing the Death Penalty Can Revive Criminal Justice

Author: Brandon L. Garrett

Publisher: Harvard University Press

ISBN: 0674981960

Category: Law

Page: 310

View: 842

Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.

The Power of the Prosecutor: Gatekeepers of the Criminal Justice System

Gatekeepers of the Criminal Justice System

Author: Joan E. Jacoby,Edward C. Ratledge

Publisher: ABC-CLIO

ISBN: 1440842191

Category: Law

Page: 227

View: 8579

In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. • Offers understandable explanations of why outcomes vary so widely in the criminal justice system—for example, why one prosecutor's office uses drug treatment programs for first-time offenders and another seeks jail time • Answers many of the questions raised in Ferguson, MO, and Staten Island, NY, about the role of prosecutors and their discretionary powers • Presents specific well-known cases to enhance readers' understanding of the intended/unintended consequences of our adversarial system of justice • Addresses in detail the complex relationships between various parts of the U.S. criminal justice system

Crime And Punishment In England

An Introductory History

Author: John Briggs,Mr John Briggs,Christopher Harrison,Angus McInnes,David Vincent

Publisher: Routledge

ISBN: 1135369755

Category: History

Page: 288

View: 1871

This survey of crime in ENgland from the medieval period to the present day synthesizes case-study and local-level material and standardizes the debates and issues for the student reader.

Deadly Justice

A Statistical Portrait of the Death Penalty

Author: Frank Baumgartner,Colin Wilson

Publisher: Oxford University Press

ISBN: 0190841540

Category: Law

Page: 416

View: 1659

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and--not least--the Supreme Court itself.

Beyond Retribution

A New Testament Vision for Justice, Crime, and Punishment

Author: Christopher D. Marshall

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802847973

Category: Religion

Page: 342

View: 4940

Recently a growing number of Christians have actively promoted the concept of "restorative justice" and attempted to develop programs for dealing with crime based on restorative principles. But is this approach truly consistent with the teaching of Scripture? To date, very little has been done to test this claim. Beyond Retribution fills a gap by plumbing the New Testament on the topics of crime, justice, and punishment. Christopher Marshall first explores the problems involved in applying ethical teachings from the New Testament to mainstream society. He then surveys the extent to which the New Testament addresses criminal justice issues, looking in particular at the concept of the justice of God in the teachings of Paul and Jesus. He also examines the topic of punishment, reviewing the debate in social thinking over the ethics and purpose of punishment -- including capital punishment -- and he advocates a new concept of "restorative punishment." The result of this engaging work is a biblically based challenge to imitate the way of Christ in dealing with both victims and offenders.

Trafficking Justice

How Russian Police Enforce New Laws, from Crime to Courtroom

Author: Lauren A. McCarthy

Publisher: Cornell University Press

ISBN: 1501701363

Category: Law

Page: 304

View: 6371

In response to a growing human trafficking problem and domestic and international pressure, human trafficking and the use of slave labor were first criminalized in Russia in 2003. In Trafficking Justice, Lauren A. McCarthy explains why Russian police, prosecutors, and judges have largely ignored this new weapon in their legal arsenal, despite the fact that the law was intended to make it easier to pursue trafficking cases. Using a combination of interview data, participant observation, and an original dataset of more than 5,500 Russian news media articles on human trafficking cases, McCarthy explores how trafficking cases make their way through the criminal justice system, covering multiple forms of the crime—sexual, labor, and child trafficking—over the period 2003–2013. She argues that to understand how law enforcement agencies have dealt with trafficking, it is critical to understand how their "institutional machinery"—the incentives, culture, and structure of their organizations—channels decision-making on human trafficking cases toward a familiar set of routines and practices and away from using the new law. As a result, law enforcement often chooses to charge and prosecute traffickers with related crimes, such as kidnapping or recruitment into prostitution, rather than under the 2003 trafficking law because these other charges are more familiar and easier to bring to a successful resolution. In other words, after ten years of practice, Russian law enforcement has settled on a policy of prosecuting traffickers, not trafficking.

Why Social Justice Matters

Author: Brian Barry

Publisher: Polity

ISBN: 074562992X

Category: Law

Page: 323

View: 9471

While social injustice has been increasing, the idea of social justice has been undermined by unfounded appeals to "personal responsibility" and "equal opportunity." Brian Barry exposes the shoddy logic and distortion of reality that underpins this ideology. Once we understand the role of the social structure in limiting options, we have to recognize that really putting into practice ideas such as equal opportunity and personal responsibility would require a fundamental transformation of almost all existing institutions. Barry argues that only if inequalities of wealth and income are kept within a narrow range can equal prospects for education, health and autonomy be realized. He proposes a number of policies to achieve a more equal society and argues that they are economically feasible. But are they politically possible? The apparent stability of the status quo is delusory, he responds: radical changes in our way of life are unavoidable.

Forensic Science in Court

Challenges in the Twenty First Century

Author: Donald Hon. Shelton, Chief Judge

Publisher: Rowman & Littlefield Publishers

ISBN: 1442201894

Category: Law

Page: 196

View: 5480

Forensic Science in Court explores the legal implications of forensic science—an increasingly important and complex part of the legal system. Judge Donald Shelton provides an accessible overview of the legal issues, then examines the strengths and limitations of various kinds of forensic science, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, and bloodstain evidence. Case studies illustrate the issues and their application in depth.

Philadelphia Freedom

Memoir of a Civil Rights Lawyer

Author: David Kairys

Publisher: University of Michigan Press

ISBN: 9780472021369

Category: Law

Page: 437

View: 2234

"David Kairys is one of the grand long-distance runners in the struggle for justice in America. His brilliant legal mind and superb lawyerly skills are legendary. This marvelous book is his gift to us!" ---Cornel West, Professor of Religion and African American Studies, Princeton University, and award-winning author of Race Matters Philadelphia Freedom is the spellbinding tale of an idealistic young lawyer coming of age in the political cauldron of the 1960s and 1970s. From his immersion in the civil rights movement to his determined court battles to quell criminal violence by Philadelphia police, Kairys recounts how he helped make history in the city of brotherly love." ---William K. Marimow, Editor and Executive Vice President, Philadelphia Inquirer, and recipient of two Pulitzer Prizes "In the current climate of political deception and the trampling of our civil rights, Kairys's compelling book is a clenched fist, a prayer for social justice and a call to conscience." ---Steve Lopez, Los Angeles Times columnist and former Philadelphia Inquirer columnist "With engaging, insider stories of innovative legal strategies of a truly creative lawyer, this book evokes the ebullient spirit of progressive social change launched in the 1960s and should be read by aspiring and practicing lawyers as well as anyone interested in American social history. Philadelphia Freedom reads like a suspense novel and reveals how novel legal and political thinking can and does make a real difference to individuals and to the quality of justice." ---Martha L. Minow, Jeremiah Smith, Jr. Professor of Law, Harvard University "David Kairys's compelling book properly explains the vital role that civil rights attorneys play in our system of justice." ---Judge John E. Jones III, United States District Court for the Middle District of Pennsylvania, and presiding judge in the landmark Kitzmiller v. Dover Area School District case A memoir that is also a compelling page-turner, Philadelphia Freedom is the poignant, informative, often inspiring account of renowned civil-rights lawyer David Kairys's personal quest for achieving social justice during the turbulent 1960s and 70s. Philadelphia Freedom brings us intimately and directly into Kairys's burgeoning law career and the struggles of the 60s as his professional and private life navigated the turmoil and promise of the civil rights and antiwar movements. Many of the cases Kairys took on involved discrimination and equal protection, freedom of speech, and government malfeasance. Kairys is perhaps most well known for his victory in the Camden 28 draft board case, in which the FBI set up a sting of the Catholic anti-war left at the behest of the highest levels of government. The stories and cases range from nationally important and recognizable---the family of the scientist the CIA unwittingly gave LSD in the 1950s; the leading race discrimination case against the FBI; Dr. Benjamin Spock's First Amendment case before the Supreme Court; the city handgun lawsuits Kairys conceived---to those he encountered in his early work as a public defender. The characters include public figures such as FBI Directors J. Edgar Hoover and Louis Freeh; CIA Director William Colby; Pennsylvania Senator Arlen Specter; New York Attorney General Eliot Spitzer; U.S. Attorneys General Edward Levi and John Mitchell; Georgia Governor Lester Maddox; Pennsylvania Governor, former Philadelphia Mayor, and Democratic National Committee chair Ed Rendell; Philadelphia Mayor and Police Commissioner Frank Rizzo. But some of the most memorable are not well known, involving regular people caught up in the often heartless machinery of the courts and legal system. Though it reads like a novel, with all the elements of character, plot, and suspense, Philadelphia Freedom also has historical significance as a firsthand account of the 1960s and 70s and contains social commentary about race as well as insights and major perspectives on the nature and social role of law. David Kairys is Professor of Law at Beasley School of Law, Temple University. He was a full-time civil rights lawyer from 1968 to 1990.

Mercy on Trial

What It Means to Stop an Execution

Author: Austin Sarat

Publisher: Princeton University Press

ISBN: 1400826721

Category: Law

Page: 352

View: 6794

On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.