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Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
ISBN: 1107131367
Category : Law
Languages : en
Pages : 331
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Book Description
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
ISBN: 1107131367
Category : Law
Languages : en
Pages : 331
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Book Description
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Author: Zoe A Colley
Publisher: University Press of Florida
ISBN: 081304264X
Category : History
Languages : en
Pages : 172
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Book Description
Imprisonment became a badge of honor for many protestors during the civil rights movement. With the popularization of expressions such as "jail-no-bail" and "jail-in," civil rights activists sought to transform arrest and imprisonment from something to be feared to a platform for the cause. Beyond Dr. Martin Luther King Jr.'s "Letters from the Birmingham Jail," there has been little discussion on the incarceration experiences of civil rights activists. In her debut book, Zoe Colley does what no historian has done before by following civil rights activists inside the southern jails and prisons to explore their treatment and the different responses that civil rights organizations had to mass arrest and imprisonment. Colley focuses on the shift in philosophical and strategic responses of civil rights protestors from seeing jail as something to be avoided to seeing it as a way to further the cause. Imprisonment became a way to expose the evils of segregation, and highlighted to the rest of American society the injustice of southern racism. By drawing together the narratives of many individuals and organizations, Colley paints a clearer picture how the incarceration of civil rights activists helped shape the course of the movement. She places imprisonment at the forefront of civil rights history and shows how these new attitudes toward arrest continue to impact contemporary society and shape strategies for civil disobedience.
Author: Christine S. Scott-Hayward
Publisher: University of California Press
ISBN: 0520298314
Category : Social Science
Languages : en
Pages : 309
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Book Description
Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
Author: Deirdre Golash
Publisher:
ISBN:
Category : Bail
Languages : en
Pages : 68
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Book Description
Author: Adv. Naveen Rao
Publisher: Prowess Publishing
ISBN: 1545747652
Category : Law
Languages : en
Pages : 209
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Book Description
This book on BAIL OR JAIL setting forth a flash-light of critical thinking for every Magistrate, Judge and Lawyer who should be fully equipped with knowledge of Bail Proceedings and its relevant Stages since, Ignorance of above circumstances can cause Miscarriage of Justice. It is not the purpose of the Criminal Law to confine a person accused of an alleged offence before his conviction instead off it is intended to combine the administration of justice with the liberty and convenience of the person accused. To free on conditions of Bail rather to confine in Jail is a jurisprudential jurisdiction which has been evolved in view of the fact that Administration of Justice on the spot or immediately just after the commission of the alleged offence in accordance with the rudimentary principles of an advanced Legal System in not feasible. The question, whether the alleged accused should be kept in prison or should be kept free till pending of trial, therefore, through such Application of Bail before the Court calls for assistance of Magistrates and Judges for consideration on merit in view of impending and prevailing circumstances protecting the Fundamental and Constitutional Rights of the individual accused of and uphold belief and peace in the Society where Courts also act as ultimate Guardian of their Fundamental and Constitutional Rights. It is an inability of existing judicial machinery to try accused expeditiously. “Therefore, accused cannot be detained in Judicial Custody for a long time by refusal to grant Bail” Bail is Rule of Law not the Jail. Bail is allowed to prevent the punishment of innocent persons, and to enable an accused person to prepare his defence to the charge against him. “The principle underlying release on Bail is that an accused person is presumed in law to be innocent till his guilt is proved and such presumably innocent person, he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.”
Author: Human Rights Watch (Organization)
Publisher:
ISBN: 9781623134600
Category : Arrest
Languages : en
Pages : 120
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Book Description
Key recommendations -- Methodology -- I. Background -- II. Pretrial detention in California -- II. Bail leads to jailing people who are not guilty -- III. Bail and jail result in an unfair justice system -- IV. Bail devastates poor and middle-income defendants and households -- V. Does bail in California serve the legitimate purposes of pretrial detention? -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law.
Author:
Publisher: American Bar Association
ISBN: 9781590311783
Category : Law
Languages : en
Pages : 168
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Book Description
"Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.
Author: Richard G. Singer
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 542
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Book Description
Finally, there is a Criminal Law study aid that teachers can recommend to their students with complete confidence: Singer and LaFond's CRIMINAL LAW: Examples and Explanations . Carefully designed to facilitate effective study, and written in a crisp, clear style, this book takes a practical three-step approach: Thorough descriptions explore and explain the concepts under consideration Examples give students an opportunity to test their comprehension by applying the law to contemporary fact patterns Explanations help them measure their mastery of the material and provide suggested answers and feedback Engaging student interest through stimulating hypotheticals, Singer and LaFond make their sophisticated analysis of criminal law not just painless, but actually fun to read. Both comprehensive and contemporary, CRIMINAL LAW: Examples and Explanations, covers provocative and timely subjects in eight major areas: the purposes of punishment Actus Reus and Mens Rea homicide causation inchoate crimes: solicitation and attempt group criminality: conspiracy and complicity rape defenses and excuses
Author: Ernest Drucker
Publisher: The New Press
ISBN: 1620972794
Category : Law
Languages : en
Pages : 251
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Book Description
“A powerful call for reform.” —NPR An all-star team of criminal justice experts present timely, innovative, and humane ways to end mass incarceration Mass incarceration will end—there is an emerging consensus that we’ve been locking up too many people for too long. But with more than 2.2 million Americans behind bars right now, how do we go about bringing people home? Decarcerating America collects some of the leading thinkers in the criminal justice reform movement to strategize about how to cure America of its epidemic of mass punishment. With sections on front-end approaches, as well as improving prison conditions and re-entry, the book includes pieces by leaders across the criminal justice reform movement: Danielle Sered of Common Justice describes successful programs for youth with violent offenses; Robin Steinberg of the Bronx Defenders argues for more resources for defense attorneys to diminish plea bargains; Kathy Boudin suggests changes to the parole model; Jeannie Little offers an alternative for mental health and drug addiction issues; and Eric Lotke offers models of new industries to replace the prison economy. Editor Ernest Drucker applies the tools of epidemiology to help us cure what he calls "a plague of prisons." Decarcerating America will be an indispensable roadmap as the movement to challenge incarceration in America gains critical mass—it shows us how to get people out of prisons, and the more appropriate responses to crime. The ideas presented in this volume are what we are fighting for when we fight against the New Jim Crow.
Author: Govinda Pyakurel
Publisher: Independently Published
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This book is a work of fiction. However, this is based on a person's real experience in Rikers Island jail on the onset of the pandemic which is narrated by a protagonist named Himalman Copchay. This novel will illuminate the police and prosecutorial behavior in general and the person's subjective experience about the judge, ADA , the lawyers and the correctional personnel behavior during the pandemic. The inmate population of Rikers Island in April 2020 was like a large chicken farm where the chicken died by unknown flu. There was no way out and everyone was terrified. At this fretful time how the justice apparatus acted. Did the judge, ADA and the lawyers show mercy to the defendant? It was the middle of May and the pandemic was booming. There were no more court dates for detainees to appear in court and they hadn't started the video court scheduling either. With no court dates and no appearance in person at court, the danger of practicing obscurantism by the officials became higher leading them to have unilateral freedom to abuse it. The detainees could endlessly be incarcerated attributing everything outright to the pandemic. Among other allegations the ADA has charged Copchay that he had created and carried a fraudulent Green Card. Which was absolutely not true. Copchay's judge during these dystopian pandemic hours issued a unilateral decision, with no presence of an attorney, validating the police statement that Copchay's Green Card in fact was fraudulent. One can imagine how merciless this act was. Copchay's paid attorney, on the other hand, instead of filing an application to lower the bail and getting him out of jail, engaged in pressuring Copchay to accept a guilty plea. One can imagine how merciless this act was. After six months of suspension, on his first video court date from Rikers Island he confronted the judge, prosecutor and his own attorney. He asked the judge passionately to release him. The judge vehemently rejected saying "we are not going to release you". All the players at court were forcing him to accept the guilty plea while he was saying that he never committed the alleged crimes. Forcing defendant to plea deal makes everyone's job easier and they can stay at ease. The defense lawyer doesn't have to study for facts and law in the case and he doesn't have to labor for his client. The judge doesn't have to go through the hassle of organizing a trial and the prosecutor would add to their chart to be successful. No-one has to study or do effort to determine the truth. the defendant is the one who will carry the taboo for the rest of his life. Who cares? The justice system has been taken over by plea bargaining. Initially, the concept of Plea Bargaining was only for those who were truly guilty based on evidence. It has to be obvious without ambiguity about the criminal mind of the accused. Actus Reus is not enough to determine guilt, Mens Rea must concur with it. They say the trial is very expensive. What is cheaper is plea bargaining. At whose cost? Obviously at the cost of the defendant. There are hardcore criminals out there that is true and the justice system should take care of them, but 96% plea deal out of court room comprises a lot of innocents that is also true. Eventually, all parties acknowledged after a year in jail that Copchay's Green Card was genuine. They couldn't keep Copchay for more than a year for misdemeanor in jail. The judge reluctantly let him go, issuing five thousand bail. The case will not end here, it will continue. In addition to above mentioned facts, this novel will give a detailed picture of the inmate's everyday life. Jail food, healthcare, recreation, conflict, jail staff behavior, and several other components associated with jail life. This novel is keenly researched and documented.
