The Collapse of American Criminal Justice

Author: William J. Stuntz

Publisher: Harvard University Press

ISBN: 0674051750

Category: Law

Page: 413

View: 7431

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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.
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Guilty

The Collapse of Criminal Justice

Author: Harold J. Rothwax

Publisher: Random House Incorporated

ISBN: N.A

Category: Law

Page: 238

View: 9334

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A distinguished jurist describes the collapse of the American criminal justice system, arguing that criminals and defense attorneys hide behind problem laws and technicalities and calling for eight crucial reforms of the system. 75,000 first printing. $75,000 ad/promo. Tour.
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The Political Heart of Criminal Procedure

Essays on Themes of William J. Stuntz

Author: Michael Klarman,David Skeel,Carol Steiker

Publisher: Cambridge University Press

ISBN: 1107019419

Category: Law

Page: 237

View: 1668

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This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work. Both as a tribute to Stuntz's work and as a source of profound new insights, this book examines his role in the renaissance of criminal procedure as a cutting-edge discipline, and as inseparably linked to substantive criminal law.
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The Conviction Factory

The Collapse of America's Criminal Courts

Author: Roger Roots

Publisher: Createspace Independent Publishing Platform

ISBN: 9781492928898

Category: Criminal courts

Page: 304

View: 2101

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Dr. Roger Roots, America's most provocative scholar of criminology and constitutional history, argues that America's criminal courts have gradually abandoned adversarial due process and embraced a more inquisitorial model of justice favored by prosecutors. In theory, convicting someone of a crime should be more difficult than obtaining a civil judgment by winning a lawsuit against him. The burden of proof is higher (beyond a reasonable doubt in criminal cases, as opposed to a mere preponderance of evidence in civil cases), and there are supposedly a number of constitutional protections for criminal defendants that do not apply to civil litigants. However, in modern courtrooms, convictions are obtained almost effortlessly by prosecutors. In The Conviction Factory, Dr. Roots traces the history of American criminal justice from its roots in English common law and then follows this history into the twenty-first century. Roots details how the adversarial model of justice, which pits the prosecution against the defendant on a level playing field, has been quietly and slowly whittled away. This book is exhaustively footnoted. It represents a continuation (and partially a compilation) of Roots' previously published law review articles on the subject of criminal procedural history. The Conviction Factory is more than just a history of criminal procedure. It is a gripping yarn that provokes fundamental questions about fairness, justice and trust in the institutions of government.
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The Collapse of America

A Ruined State?

Author: Anthony Townsend,Nassira Townsend

Publisher: Dog Ear Publishing

ISBN: 1598586750

Category: Political Science

Page: 168

View: 564

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America is falling, and may not be here without change, as we know it, in our life time, just as the U.S.S.R. suddenly fell in the 1990's, ruining that Super Power and ending the cold war, with hundreds of thousands of refugees having to flee Russia. With reports of human meat being sold as the currency [rubble] became worthless, as the U.S.S.R broke up into 15 independent States, unexpectedly, shocking the world. Indicative of the fact that it will happen to America, as banks made sub-prime loans to rape the housing industry and consumers with credit cards. And the manufacturing base being traded bit by bit, liquidating assets for cash, selling out the U.S. Preparing for the collapse of the U.S dollar, and the fall of the U.S. With the U.S. borrowing billions to fund tax cuts for the rich. Are we truly living in the last days of America, as a Super Power? All States without exception, have come to an end, as a historical norm. America is not mentioned in any Jewish, Christian, or Islamic, scriptures. Thus, it will not be here as we know it, in the end. But this is not a religious writing. Oil is only the first commodity to be affected with housing, money, food, loans and soon jobs following. Like China, and the EU, we need to stop the hording of so much money in the hands of so few. The gold standard is not the bases for our money since 1975. Meaning that paper and plastic have no intrinsic worth. If history repeats itself, and it does, we may have multiple civil wars, with Hawaii declaring independence in April as a protest over how the economy has been managed. With each State having its own National guard, and gangs and militia's, and KKK, armed to the teeth, we will start to hear phrases like who will pay for this and that debt. With maybe as many as ten different presidents, as the U.S. brakes up. Rumors of war. We, the people, must demand a marshal plan for America, and not Europe, Japan, S. Korea, etc., and now maybe Iraq. All of us in America need to have access to the money we need, at low or no cost to save America, and optimize the multiplier effect: but it has to be spent in the U.S., to make America strong. Thus, we need to stop the banks and utility companies, etc. from hording. It is insanity to have multibillionaires, as they cannot spend these sums. We can re-order the economy or others will do it for us. This book will attempt to answer the question on how to stop such a fall, into a dark age. And instead have cooperation, and justice between all men and countries; Stopping this horrible cycle of systematic retardation of Mankind. America is the last best hope for Mankind, as America has polluted and consumed too much of this planet's resources becoming the Super Power it is, to have a new emerging Super Power, doing the same.
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Kafka's Law

"The Trial" and American Criminal Justice

Author: Robert P. Burns

Publisher: University of Chicago Press

ISBN: 022616750X

Category: Law

Page: 192

View: 7406

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The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this.” Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka’s vision of the “Law” in The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish? With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.
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The Sacred Project of American Sociology

Author: Christian Smith

Publisher: Oxford University Press

ISBN: 0199377154

Category: Social Science

Page: 176

View: 5336

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Counter to popular perceptions, contemporary American sociology is and promotes a profoundly sacred project at heart. Sociology today is in fact animated by sacred impulses, driven by sacred commitments, and serves a sacred project. Sociology appears on the surface to be a secular, scientific enterprise--its founding fathers were mostly atheists. Its basic operating premises are secular and naturalistic. Sociologists today are disproportionately not religious, compared to all Americans, and often irreligious. The Sacred Project of American Sociology shows, counter-intuitively, that the secular enterprise that everyday sociology appears to be pursuing is actually not what is really going on at sociology's deepest level. Christian Smith conducts a self-reflexive, tables-turning, cultural and institutional sociology of the profession of American sociology itself, showing that this allegedly secular discipline ironically expresses Emile Durkheim's inescapable sacred, exemplifies its own versions of Marxist false consciousness, and generates a spirited reaction against Max Weber's melancholically observed disenchantment of the world. American sociology does not escape the analytical net that it casts over the rest of the ordinary world. Sociology itself is a part of that very human, very social, often very sacred and spiritual world. And sociology's ironic mis-recognition of its own sacred project leads to a variety of arguably self-destructive and distorting tendencies. This book re-asserts a vision for what sociology is most important for, in contrast with its current commitments, and calls sociologists back to a more honest, fair, and healthy vision of its purpose.
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Prisoner Reentry in the Era of Mass Incarceration

Author: Daniel P. Mears,Joshua C. Cochran

Publisher: SAGE Publications

ISBN: 148331670X

Category: Social Science

Page: 344

View: 4096

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Understanding and Improving Prisoner Reentry Outcomes Prisoner Reentry is an engaging and comprehensive examination of prisoner reentry and how to improve public safety, well-being, and justice in the “era of mass incarceration.” Renowned authors Daniel P. Mears and Joshua C. Cochran investigate historical trends in incarceration and punishment policy, the salience of in-prison and post-prison contexts and experiences for reentry, and the importance of understanding group differences in offending, punishment, and social context. Using extensive reliance on both theory and empirical research, the authors identify how reentry reflects criminal justice policy in America and, at the same time, has profound implications for crime prevention and justice. Readers will develop a diverse foundation for current policies, identify the implications of reentry for families, community, and society at large, and gain a conceptual and empirical toolkit for analyzing and improving the lives of those released from prison.
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Foundational Texts in Modern Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

ISBN: 0191654620

Category: Law

Page: 450

View: 6529

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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
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