Arbitrary Justice

The Power of the American Prosecutor

Author: Angela J. Davis

Publisher: Oxford University Press

ISBN: 0198039425

Category: Law

Page: 264

View: 8165

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What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
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Policing the Black Man

Arrest, Prosecution, and Imprisonment

Author: Angela J. Davis

Publisher: Vintage

ISBN: 1101871288

Category: Social Science

Page: 352

View: 8077

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A comprehensive, readable analysis of the key issues of the Black Lives Matter movement, this thought-provoking and compelling anthology features essays by some of the nation’s most influential and respected criminal justice experts and legal scholars. Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process, from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The contributors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court’s failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.
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Criminal Law

Author: Katheryn Russell-Brown,Angela J. Davis

Publisher: SAGE Publications

ISBN: 1483315126

Category: Law

Page: 368

View: 7585

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An Interdisciplinary Approach Criminal Law provides students with an integrated framework for understanding the U.S. criminal justice system with a diverse and inclusive interdisciplinary approach and thematic focus. Authors Katheryn Russell-Brown and Angela J. Davis go beyond the law and decisions in court cases to consider and integrate issues of race, gender, and socio-economic status with their discussion of criminal law. Material from the social sciences is incorporated to highlight the intersection between criminal law and key social issues. Case excerpts and detailed case summaries, used to highlight important principles of criminal law, are featured throughout the text. The coverage is conceptual and practical, showing students how the criminal law applies in the “real world”—not just within the pages of a textbook.
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The Routledge Handbook of Poverty in the United States

Author: Stephen Haymes,Maria Vidal de Haymes,Reuben Miller

Publisher: Routledge

ISBN: 1317627393

Category: Social Science

Page: 633

View: 4224

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In the United States, the causes and even the meanings of poverty are disconnected from the causes and meanings of global poverty. The Routledge Handbook of Poverty in the United States provides an authoritative overview of the relationship of poverty with the rise of neoliberal capitalism in the context of globalization. Reorienting its national economy towards a global logic, US domestic policies have promoted a market-based strategy of economic development and growth as the obvious solution to alleviating poverty, affecting approaches to the problem discursively, politically, economically, culturally and experientially. However, the handbook explores how rather than alleviating poverty, it has instead exacerbated poverty and pre-existing inequalities – privatizing the services of social welfare and educational institutions, transforming the state from a benevolent to a punitive state, and criminalizing poor women, racial and ethnic minorities, and immigrants. Key issues examined by the international selection of leading scholars in this volume include: income distribution, employment, health, hunger, housing and urbanization. With parts focusing on the lived experience of the poor, social justice and human rights frameworks – as opposed to welfare rights models – and the role of helping professions such as social work, health and education, this comprehensive handbook is a vital reference for anyone working with those in poverty, whether directly or at a macro level.
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The Oxford Handbook of State and Local Government

Author: Donald P. Haider-Markel

Publisher: OUP Oxford

ISBN: 0191611964

Category: Political Science

Page: 976

View: 4180

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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.
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The Counterinsurgent's Constitution

Law in the Age of Small Wars

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199986908

Category: Law

Page: 352

View: 4470

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Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
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The Color of Crime

Author: Katheryn Russell-Brown

Publisher: NYU Press

ISBN: 9780814776179

Category: Social Science

Page: 213

View: 9580

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"Perhaps the most explosive and troublesome phenomenon at the nexus of race and crime is the racial hoax - a contemporary version of The Boy Who Cried Wolf. Examining both White-on-Black hoaxes such as Susan Smith's and Charles Stuart's claims that Black men were responsible for crimes they themselves committed, and Black-on-White hoaxes such as the Tawana Brawley episode, Russell illustrates the formidable and lasting damage that occurs when racial stereotypes are manipulated and exploited for personal advantage. She shows us how such hoaxes have disastrous consequences and argues for harsher punishments for offenders."--BOOK JACKET.
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How Can You Represent Those People?

Author: A. Smith,M. Freedman

Publisher: Springer

ISBN: 1137311959

Category: Social Science

Page: 228

View: 6954

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How Can You Represent Those People? is the first-ever collection of essays offering a response to the 'Cocktail Party Question' asked of every criminal lawyer. A must-read for anyone interested in race, poverty, crime, punishment, and what makes lawyers tick.
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Wrongful Convictions and Miscarriages of Justice

Causes and Remedies in North American and European Criminal Justice Systems

Author: C. Ronald Huff,Martin Killias

Publisher: Routledge

ISBN: 0415539935

Category: Law

Page: 431

View: 1208

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This innovative work builds on Huff and Killiase(tm) earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways:ee (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction:ee voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.ee
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Trial Stories

Author: Michael E. Tigar,Angela J. Davis

Publisher: N.A

ISBN: 9781599411194

Category: Law

Page: 480

View: 3275

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This book tells the stories of nine iconic trials, in which the competing stories are compelling. The themes of these cases include treason, racial justice, the death penalty, fraud, personal rights, women s rights, product safety, and corporate misdeeds. However, the chapter authors have gone beyond retelling. They reveal how the story was told, and in that way teach us about advocacy and advocates. The chapter authors all have significant practice experience as well as academic qualifications. They show us lawyers at work, creating a relationship with a litigant seeking justice, and then taking that claim into the courtroom. Taken together, these chapters are excellent vehicles for teaching all the elements of trial advocacy, including jury selection, opening statement, direct and cross-examination, use of expert testimony, and closing argument. The book shows us that advocacy does make a difference, and that the skills of advocacy can be taught and learned.
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