The Collapse Of American Criminal Justice Download Ebook PDF Epub Online

Author : William J. Stuntz
Publisher : Harvard University Press
Release : 2011-11-29
Page : 848
Category : Law
ISBN 13 : 0674062604
Description :


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.


Author : William J. Stuntz
Publisher : Harvard University Press
Release : 2011-09-15
Page : 413
Category : Law
ISBN 13 : 0674051750
Description :


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.


Author : Traci Burch
Publisher : University of Chicago Press
Release : 2013-08-21
Page : 240
Category : Political Science
ISBN 13 : 022606509X
Description :


The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind. For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system. The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.


Author : Harold J. Rothwax
Publisher : Random House Incorporated
Release : 1996
Page : 238
Category : Law
ISBN 13 :
Description :


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.


Author : Richard Vogler
Publisher : Routledge
Release : 2017-03-02
Page : 344
Category : Law
ISBN 13 : 135196139X
Description :


Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.


Author : Michelle Alexander
Publisher : The New Press
Release : 2020-01-07
Page : 434
Category : Law
ISBN 13 : 1620971941
Description :


Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Eduction‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—“one of the most influential books of the past 20 years,” according to the Chronicle of Higher Education—with a new preface by the author “It is in no small part thanks to Alexander’s account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system.” —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander’s The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander’s unforgettable argument that “we have not ended racial caste in America; we have merely redesigned it.” As the Birmingham News proclaimed, it is “undoubtedly the most important book published in this century about the U.S.” Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.


Author : Ernest Drucker
Publisher : New Press, The
Release : 2013-05-28
Page : 242
Category : Social Science
ISBN 13 : 1595589538
Description :


The public health expert and prison reform activist offers “meticulous analysis” on our criminal justice system and the plague of American incarceration (The Washington Post). An internationally recognized public health scholar, Ernest Drucker uses the tools of epidemiology to demonstrate that incarceration in the United States has become an epidemic—a plague upon our body politic. He argues that imprisonment, originally conceived as a response to the crimes of individuals, has become “mass incarceration”: a destabilizing force that damages the very social structures that prevent crime. Drucker tracks the phenomenon of mass incarceration using basic public health concepts—“incidence and prevalence,” “outbreaks,” “contagion,” “transmission,” “potential years of life lost.” The resulting analysis demonstrates that our unprecedented rates of incarceration have the contagious and self-perpetuating features of the plagues of previous centuries. Sure to provoke debate and shift the paradigm of how we think about punishment, A Plague of Prisons offers a novel perspective on criminal justice in twenty-first-century America. “How did America’s addiction to prisons and mass incarceration get its start and how did it spread from state to state? Of the many attempts to answer this question, none make as much sense as the explanation found in [this] book.” —The Philadelphia Inquirer


Author : Stephanos Bibas
Publisher : Oxford University Press
Release : 2012-02-28
Page : 320
Category : Law
ISBN 13 : 0190236760
Description :


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.


Author : James Q. Whitman
Publisher : Oxford University Press
Release : 2005-04-14
Page : 336
Category : Social Science
ISBN 13 : 9780198035312
Description :


Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.


Author : Marie Gottschalk
Publisher : Princeton University Press
Release : 2016-02-16
Page : 504
Category : Political Science
ISBN 13 : 0691170835
Description :


The huge prison buildup of the past four decades has few defenders, yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.


Author : Henry Ruth
Publisher : Harvard University Press
Release : 2006-03-31
Page : 384
Category : Social Science
ISBN 13 : 0674266943
Description :


The development of crime policy in the United States for many generations has been hampered by a drastic shortage of knowledge and data, an excess of partisanship and instinctual responses, and a one-way tendency to expand the criminal justice system. Even if a three-decade pattern of prison growth came to a full stop in the early 2000s, the current decade will be by far the most punitive in U.S. history, hitting some minority communities particularly hard. The book examines the history, scope, and effects of the revolution in America's response to crime since 1970. Henry Ruth and Kevin Reitz offer a comprehensive, long-term, pragmatic approach to increase public understanding of and find improvements in the nation's response to crime. Concentrating on meaningful areas for change in policing, sentencing, guns, drugs, and juvenile crime, they discuss such topics as new priorities for the use of incarceration; aggressive policing; the war on drugs; the need to switch the gun control debate to a focus on crime gun regulation; a new focus on offenders' transition from confinement to freedom; and the role of private enterprise. A book that rejects traditional liberal and conservative outlooks, The Challenge of Crime takes a major step in offering new approaches for the nation's responses to crime.


Author : Jeffrey Ian Ross
Larry Gould
Publisher : Routledge
Release : 2015-12-22
Page : 290
Category : Social Science
ISBN 13 : 1317255658
Description :


'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.


Author : Adam Benforado
Publisher : Crown
Release : 2015
Page : 379
Category : LAW
ISBN 13 : 0770437761
Description :


"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--


Author : Michael Boudreau
Publisher : UBC Press
Release : 2012-05-15
Page : 352
Category : Social Science
ISBN 13 : 0774822074
Description :


Interwar Halifax was a city in flux, a place where citizens debated adopting new ideas and technologies but agreed on one thing: modernity was corrupting public morality and unleashing untold social problems on their fair city. To create a bulwark against further social dislocation, citizens, policy makers, and officials modernized the city's machinery of order � courts, prisons, and the police force � and placed greater emphasis on crime control. These tough-on-crime measures, Boudreau argues, did not resolve problems but rather singled out ethnic minorities, working-class men, and female and juvenile offenders as problem figures in the eternal quest for order.


Author : Alec Karakatsanis
Publisher : The New Press
Release : 2019-10-29
Page : 231
Category : Law
ISBN 13 : 1620975289
Description :


From an award-winning civil rights lawyer, a profound challenge to our society’s normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It’s perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He’s so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn’t think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American “injustice system” by someone who is actively, wildly successfully, challenging it.


Author : Isabel Wilkerson
Publisher : Penguin Random House
Release : 2020
Page : 496
Category : Social Science
ISBN 13 : 0593230256
Description :


NEW YORK TIMES BESTSELLER - OPRAH'S BOOK CLUB PICK - The Pulitzer Prize-winning, bestselling author of The Warmth of Other Suns examines the unspoken caste system that has shaped America and shows how our lives today are still defined by a hierarchy of human divisions. "An instant American classic."--Dwight Garner, The New York Times "As we go about our daily lives, caste is the wordless usher in a darkened theater, flashlight cast down in the aisles, guiding us to our assigned seats for a performance. The hierarchy of caste is not about feelings or morality. It is about power--which groups have it and which do not." In this brilliant book, Isabel Wilkerson gives us a masterful portrait of an unseen phenomenon in America as she explores, through an immersive, deeply researched narrative and stories about real people, how America today and throughout its history has been shaped by a hidden caste system, a rigid hierarchy of human rankings. Beyond race, class, or other factors, there is a powerful caste system that influences people's lives and behavior and the nation's fate. Linking the caste systems of America, India, and Nazi Germany, Wilkerson explores eight pillars that underlie caste systems across civilizations, including divine will, bloodlines, stigma, and more. Using riveting stories about people--including Martin Luther King, Jr., baseball's Satchel Paige, a single father and his toddler son, Wilkerson herself, and many others--she shows the ways that the insidious undertow of caste is experienced every day. She documents how the Nazis studied the racial systems in America to plan their out-cast of the Jews; she discusses why the cruel logic of caste requires that there be a bottom rung for those in the middle to measure themselves against; she writes about the surprising health costs of caste, in depression and life expectancy, and the effects of this hierarchy on our culture and politics. Finally, she points forward to ways America can move beyond the artificial and destructive separations of human divisions, toward hope in our common humanity. Beautifully written, original, and revealing, Caste: The Origins of Our Discontents is an eye-opening story of people and history, and a reexamination of what lies under the surface of ordinary lives and of American life today.


Author : Jonathan Simon
Publisher : Oxford University Press
Release : 2007-02-03
Page : 344
Category : History
ISBN 13 : 9780198040026
Description :


Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal? In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime. This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.


Author : Anthony B. Bradley
Publisher : Cambridge University Press
Release : 2018-07-31
Page : 225
Category : Law
ISBN 13 : 1108427545
Description :


Personalism points to reforming criminal justice from the person up by changing criminal law and enlisting civil society institutions.


Author : Vicky Osterweil
Publisher : Bold Type Books
Release : 2020-08-25
Page : 288
Category : History
ISBN 13 : 1645036677
Description :


A fresh argument for rioting and looting as our most powerful tools for dismantling white supremacy Looting--a crowd of people publicly, openly, and directly seizing goods--is one of the more extreme actions that can take place in the midst of social unrest. Even self-identified radicals distance themselves from looters, fearing that violent tactics reflect badly on the broader movement. But Vicky Osterweil argues that stealing goods and destroying property are direct, pragmatic strategies of wealth redistribution and improving life for the working class--not to mention the brazen messages these methods send to the police and the state. All our beliefs about the innate righteousness of property and ownership, Osterweil explains, are built on the history of anti-Black, anti-Indigenous oppression. From slave revolts to labor strikes to the modern-day movements for climate change, Black lives, and police abolition, Osterweil makes a convincing case for rioting and looting as weapons that bludgeon the status quo while uplifting the poor and marginalized. In Defense of Looting is a history of violent protest sparking social change, a compelling reframing of revolutionary activism, and a practical vision for a dramatically restructured society.


Author : Bruce Western
Publisher : Russell Sage Foundation
Release : 2006-05-25
Page : 264
Category : Social Science
ISBN 13 : 1610445554
Description :


Over the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting "tough on crime" with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.