Arbitrary Justice

The Power of the American Prosecutor

Author: Angela J. Davis

Publisher: Oxford University Press

ISBN: 0198039425

Category: Law

Page: 264

View: 4241

DOWNLOAD NOW »

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.
Release

Policing the Black Man

Arrest, Prosecution, and Imprisonment

Author: Angela J. Davis

Publisher: Vintage

ISBN: 1101871288

Category: Social Science

Page: 352

View: 357

DOWNLOAD NOW »

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.
Release

Criminal Law

Author: Katheryn Russell-Brown,Angela J. Davis

Publisher: SAGE Publications

ISBN: 1483315126

Category: Law

Page: 368

View: 873

DOWNLOAD NOW »

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.
Release

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: 643

DOWNLOAD NOW »

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.
Release

How Can You Represent Those People?

Author: A. Smith,M. Freedman

Publisher: Springer

ISBN: 1137311959

Category: Social Science

Page: 228

View: 303

DOWNLOAD NOW »

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.
Release

Crime and Justice, Volume 41

Prosecutors and Politics: A Comparative Perspective

Author: Michael Tonry

Publisher: University of Chicago Press

ISBN: 022601018X

Category: Law

Page: 400

View: 303

DOWNLOAD NOW »

Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void. Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
Release

The Oxford Handbook of State and Local Government

Author: Donald P. Haider-Markel

Publisher: OUP Oxford

ISBN: 0191611964

Category: Political Science

Page: 976

View: 8866

DOWNLOAD NOW »

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.
Release

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: 711

DOWNLOAD NOW »

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.
Release

The Color of Crime

Author: Katheryn Russell-Brown

Publisher: NYU Press

ISBN: 9780814776179

Category: Social Science

Page: 213

View: 9561

DOWNLOAD NOW »

America is the most punitive nation in the world, incarcerating more than 2.3 million people—or one in 136 of its residents. Against the backdrop of this unprecedented mass imprisonment, punishment permeates everyday life, carrying with it complex cultural meanings. In The Culture of Punishment, Michelle Brown goes beyond prison gates and into the routine and popular engagements of everyday life, showing that those of us most distanced from the practice of punishment tend to be particularly harsh in our judgments. The Culture of Punishment takes readers on a tour of the sites where culture and punishment meet—television shows, movies, prison tourism, and post 9/11 new war prisons—demonstrating that because incarceration affects people along distinct race and class lines, it is only a privileged group of citizens who are removed from the experience of incarceration. These penal spectators, who often sanction the infliction of pain from a distance, risk overlooking the reasons for democratic oversight of the project of punishment and, more broadly, justifications for the prohibition of pain.
Release

Civil Rights in American Law, History, and Politics

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1107039290

Category: Law

Page: 266

View: 573

DOWNLOAD NOW »

"To pursue the concept of racial entitlement-even for the most admirable and benign of purposes-is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American." Justice Scalia "It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior...Because of their distinctive histories and traditions, black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement." Justice Thomas It is widely recognized that the idea of rights is central to America's national identity and its sense of itself.1 So powerful is our attachment to rights that some scholars see the American story as powerfully intertwined with what they label a "myth of rights."2 In this myth of rights perhaps nothing plays as important a role as the history of the mid-twentieth century struggle for civil rights for African-Americans. Brown v. Board of Education is, of course, the key moment in that struggle and it has become one of America's "sacred texts," a decision to which almost everyone pays homage even when they act in ways incompatible with its central premises.3 It is to the spirit of Brown that groups seeking recognition continuously appeal, a spirit that today plays a key role in the debate over gay marriage.4 Civil Rights in the American Story brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. This work includes examples of both the "old" and the "new" civil rights history. It uses the sources and analytics of both legal and social history"--
Release