The Process is the Punishment

Handling Cases in a Lower Criminal Court

Author: Malcolm M. Feeley

Publisher: Russell Sage Foundation

ISBN: 9780871542557

Category: Law

Page: 330

View: 2517

DOWNLOAD NOW »

It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal “due process” is preferred by all of the court’s participants, and especially by defendants. Moreover, he argues, “it is not all clear that as a group defendants would be better off in a more ‘formal’ court system,” since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney’s fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut’s, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to “teach the defendant a lesson.” In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more “just” than they are usually given credit for being. “... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies.”— Barry Mahoney, Institute for Court Management, Denver “It is grounded in a firm grasp of theory as well as thorough field research.”—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women.”—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
Release

The Process is the Punishment

Handling Cases in a Lower Criminal Court

Author: Malcolm Feeley

Publisher: Russell Sage Foundation

ISBN: 9780871542533

Category: Law

Page: 330

View: 1364

DOWNLOAD NOW »

First published in 1979, this classic work set the standard for later court studies. Focusing on the workings of theNew Haven court system, Feeley explores fundamental questions about how justice is administered in our society and reexamines conventional theories about how the criminal justice system functions. Examining the process and the players, Feeley's analysis, firmly rooted in organizational theory and open systems theory, describes the dynamics of the courthouse and emphasizes interdependencies, adaptation, institutional maintenance, and adversarial relationships in an effort to make sense of the process as it is experienced by those who participate in it. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." Jerome H. Skolnick, American Bar Foundation Research Journal"
Release

Courts

A Text/Reader

Author: Cassia Spohn,Craig Hemmens

Publisher: SAGE

ISBN: 1412940648

Category: Social Science

Page: 729

View: 6295

DOWNLOAD NOW »

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.
Release

Conducting Law and Society Research

Reflections on Methods and Practices

Author: Simon Halliday,Patrick Schmidt

Publisher: Cambridge University Press

ISBN: 052189591X

Category: Law

Page: 288

View: 7259

DOWNLOAD NOW »

This book provides students and scholars with a candid look at how empirical research projects actually happen. Focusing on the interdisciplinary Law and Society field, more than twenty interviews with authors of classic projects - from sociology, anthropology, psychology, political science, law, and history - the chapters are unique in their honesty. They help readers to understand the choices, challenges, and uncertainty that go into even some of the best research projects.
Release

The Transformation of Criminal Due Process in the Administrative State

The Targeted Urban Crime Narcotics Task Force

Author: Rosann Greenspan

Publisher: Quid Pro Books

ISBN: 1610272234

Category: Law

Page: 200

View: 9912

DOWNLOAD NOW »

A classic study in law and society is now readily available to scholars, researchers, and others in the field of criminal justice, due process, policing, and administrative procedure. It adds a new Preface by the author and a new Foreword by Berkeley law professor Malcolm M. Feeley. As the author reflects: "I think it was my first day in the field that the police liaison to the district attorney's probation revocation program exclaimed, 'Forget rights! Forget right to jury! Forget right to bail! There are no rights!' As Malcolm Feeley says in his Foreword, what I 'discovered' over the course of researching and writing this study was in plain view from the beginning. The criminal process has largely been subsumed as an administrative process and the procedural rights enshrined in the Bill of Rights have long since faded away. What I hope my work explains is how this happened doctrinally -- how the expansion of criminal due process was halted and redirected by the very administrative due process revolution it gave birth to. And how it happened in practice -- how police, prosecutors, and corrections came to realize that they had the tools to bypass the criminal process in enforcing the criminal sanction." In his new Foreword, Feeley describes the book as "a brilliant analysis of the criminal process" and explains why its relevance and theoretical power have increased over time. In a nation where legal rights and process became enhanced in criminal courts and formal processes of adjudication, Greenspan showed the bypassing of much of this framework by the substitution of parole revocation, probation, and the like -- by what Feeley summarizes as "the triumph of the administrative model. Her thesis shows how this occurred. The backlash to the Warren Court’s criminal due process revolutions was not a wholesale abandonment of rights, but an embrace of a lower standard of due process, administrative due process." Some of these changes are well known, of course, but "Greenspan's study is brilliant precisely because it problematizes these developments. It identifies the central issue, how thinking about the criminal process has been so fundamentally yet unwittingly transformed." This book is a powerful look at these reforms and transformations, presented in the 'Classic Dissertation Series' by Quid Pro Books. Quality ebook formatting includes properly presented tables, active contents, and linked notes. A new paperback edition of this book is also available.
Release

Revisiting the Question of Imputation in Corporate Criminal Law

Author: Constantine N. Nana

Publisher: Cambridge Scholars Publishing

ISBN: 1443820075

Category: Law

Page: 365

View: 5276

DOWNLOAD NOW »

It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.
Release

The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0199397953

Category: Business & Economics

Page: 496

View: 9552

DOWNLOAD NOW »

The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
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: 2237

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

Handbook of Human Resource Management in Government

Author: Stephen E. Condrey

Publisher: John Wiley & Sons

ISBN: 9780470616093

Category: Business & Economics

Page: 1056

View: 5371

DOWNLOAD NOW »

HANDBOOK OF HUMAN RESOURCE MANAGEMENT IN GOVERNMENT, THIRD EDITION The practice of public human resource management has evolved significantly in recent years due to increased outsourcing, privatization, and the diminution of public employee rights. This thoroughly revised and updated edition of the classic reference Handbook of Human Resource Management in Government offers authoritative, state-of-the-art information for public administrators and human resource professionals. The third edition features contributions from noted experts in the field, including Donald E. Klingner, Mary E. Guy, Jonathan P. West, Jeffrey L. Brudney, Montgomery Van Wart, J. J. Steven Ott, Norma M. Riccucci, and many more. Praise for the Handbook of Human Resource Management in Government "This third edition of the Handbook of Human Resource Management in Government is an essential resource for scholars, practitioners, and general readers in need of concise summaries of up-to-date, cutting-edge, public personnel administration research. No other handbook on the market more concisely, more comprehensively, more clearly synthesizes this vast, rapidly changing field that remains so vital to effective government performance." —RICHARD STILLMAN, editor-in-chief, Public Administration Review "The Handbook of Human Resource Management in Government comprehensively and seamlessly blends theory and practice. The result is a clear road map that can finally make HR a key player in helping the government meet the unprecedented challenges facing our nation, our states, and our communities." —BOB LAVIGNA, vice president, Research, Partnership for Public Service, Washington, DC "With each successive edition, Condrey's Handbook of Human Resource Management in Government becomes a more essential tool for graduate students who wish to improve their understanding of this field. Condrey's own expertise has enabled him to take contributions from leading experts in the field and shape them into a reader that is comprehensive, engaging, and authoritative." —DONALD E. KLINGNER, University of Colorado Distinguished Professor, School of Public Affairs, University of Colorado at Colorado Springs; former president, American Society for Public Administration; and fellow, National Academy of Public Administration
Release

Criminal Justice Theory

Explaining the Nature and Behavior of Criminal Justice

Author: Edward R. Maguire,David E. Duffee

Publisher: Routledge

ISBN: 1135918139

Category: Social Science

Page: 400

View: 7673

DOWNLOAD NOW »

Criminal Justice Theory is the first comprehensive volume on the theoretical foundations of criminal justice. The authors argue that theory in criminal justice is currently underdeveloped and inconsistently applied, especially in comparison to the role of theory in the study of crime itself. In the diverse range of essays included here, the authors and contributors integrate examples from the study of criminal justice systems, judicial decision-making, courtroom communities, and correctional systems, building the argument that students of criminal justice must not evaluate their discipline solely on the basis of the effectiveness of specific measures in reducing the crime rate. Rather, if they hope to improve the system, they must acquire a systematic knowledge of the causes behind the structures, policies, and practices of criminal justice.
Release