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Author: George Fisher
Publisher: Stanford University Press
ISBN: 9780804751353
Category : Law
Languages : en
Pages : 424
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Book Description
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Author: George Fisher
Publisher: Stanford University Press
ISBN: 9780804751353
Category : Law
Languages : en
Pages : 424
Get Book Here
Book Description
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Author: Aaron Kupchik
Publisher: Routledge
ISBN: 1351160745
Category : Law
Languages : en
Pages : 306
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Book Description
The social organization of criminal courts is the theme of this collection of articles. The volume provides contributions to three levels of social organization in criminal courts: (1) the macro-level involving external economic, political and social forces (Joachim J. Savelsberg; Raymond Michalowski; Mary E. Vogel; John Hagan and Ron Levi); (2) the meso-level consisting of formal structures, informal cultural norms and supporting agencies in an interlocking organizational network (Malcolm M. Feeley; Lawrence Mohr; Jo Dixon; Jeffrey T. Ulmer and John H. Kramer), and (3) the micro-level consisting of interactional orders that emerge from the social discourses and categorizations in multiple layers of bargaining and negotiation processes (Lisa Frohmann; Aaron Kupchik; Michael McConville and Chester Mirsky; Bankole A. Cole). An editorial introduction ties these levels together, relating them to a Weberian sociology of law.
Author: Mike McConville
Publisher: Hart Publishing
ISBN: 184113516X
Category : Law
Languages : en
Pages : 388
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Book Description
"The study is based upon detailed empirical analysis of original prosecution case files, court reports and statistical data in the leading criminal trial court in New York City between 1800 and 1865"--Preface.
Author: Cassia Spohn
Publisher: SAGE
ISBN: 1412940648
Category : Courts
Languages : en
Pages : 753
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Book Description
"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." "This unique Text/Reader is primarily intended for undergraduate and graduate courses on the criminal court system and/or judicial processes."--BOOK JACKET.
Author: Mark Pogrebin
Publisher: SAGE
ISBN: 9780761926030
Category : Law
Languages : en
Pages : 426
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Book Description
The growth in popularity of qualitative research in the social sciences over the last two decades has been nothing short of amazing. Qualitative Approaches to Criminal Justice: Perspectives from the Field reveals some of the reasons for the success and stature of this unique methodological approach. Exploring the real life experiences of criminal justice professionals, this anthology is the first book to focus solely on the use of qualitative research in various components of the criminal justice system. The collection is organized from two criminal justice perspectives: one qualitatively oriented and the other system oriented, including overviews of each qualitative method and commentaries that analyze the research techniques. Case studies illustrating actual fieldwork practices bring theory vividly to life. Qualitative Approaches to Criminal Justice: Perspectives from the Field is multi-faceted in both its content and application. Through its investigative techniques, which rely mainly on observations, participant observation, and open-ended interviews, qualitative research reveals parts of the social world that remain hidden to more traditional methodological techniques. Recommended as a companion to an administration of criminal justice course as well as courses in qualitative research in criminal justice. Also recommended as a supplemental text for any research methods course in a criminal justice degree program including sociology, political science, and legal studies.
Author: Paul B. Wice
Publisher: Bloomsbury Publishing USA
ISBN: 0313049041
Category : Law
Languages : en
Pages : 224
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Book Description
Eighty to ninety percent of the nation's urban criminal defendants are defended in court by public defenders. Thus, understanding how these defender programs operate, their effectiveness and the quality of professional life for these beleaguered and often underpaid attorneys, is a critical factor in improving local criminal justice systems. What is it like to practice law in such an inhospitable environment, where clients often revile their counsel and prosecutors hold defenders in contempt? How does a public defender maintain self-esteem and dignity? What are the particular problems and obstacles of public defender offices? And how might such departments overcome these obstacles so that defendants and defenders, as well as the public, benefit? In vivid prose, and with vignettes and quotes from the lawyers themselves, Wice answers these questions and paints a truer picture of the state of public defenders offices than most of us have from television and the media. Through a colorful profile of a reform-minded public defender's office Newark, N.J., one of the nation's most crime-ridden smaller cities, Wice examines the public defender system and shows how even the smallest reforms, especially those that address quality of life and work for public defenders, can make a big difference. Comparing the smaller defender's office to larger ones in such cities as New York and Chicago, which have not instituted significant reforms, the author illustrates the successes that can be found when change is implemented. Flaws remain, but with improved services and work environments, this important component of the overburdened criminal justice system can function more effectively, creating a system that benefits lawyers, defendants, and the community alike.
Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 067425693X
Category : History
Languages : en
Pages : 425
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Book Description
The rule of law has vanished in America’s criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems—and for their solutions. The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime—bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court’s emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective. What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.
Author: Kermit L. Hall
Publisher:
ISBN: 9780195309171
Category : Law
Languages : en
Pages : 630
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Book Description
Presents a collection of essays that provide an examination of the judicial branch of the American government, including its history, its imapct, and its future.
Author: Karen Houppert
Publisher: New Press, The
ISBN: 1595588698
Category : Law
Languages : en
Pages : 290
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Book Description
On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.
Author: Ronald J. Allen
Publisher: Aspen Publishing
ISBN: 1543817548
Category : Law
Languages : en
Pages : 1794
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Book Description
Criminal Procedure: Adjudication and Right to Counsel, Third Edition is designed for the criminal procedure course focused on the pretrial, trial, and post-trial processes. It covers prosecutorial decision making, pretrial release, grand juries, speedy trial rights, venue, joinder and severance, discovery, guilty pleas and plea bargains, trials, sentencing, appeals, and postconviction challenges. The book is designed to be used with the annual supplement that contains the statutes and rules covered in the course. This split is derived from the successful casebook Comprehensive Criminal Procedure by the same experienced author team. New to the Third Edition: The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures An increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law
