United States Supreme Court Cases and Comments

United States Supreme Court Cases and Comments PDF Author: William Hurt Erickson
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages :

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United States Supreme Court Cases and Comments

United States Supreme Court Cases and Comments PDF Author: William Hurt Erickson
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages :

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Book Description


The Supreme Court on Trial

The Supreme Court on Trial PDF Author: George C. Thomas
Publisher: University of Michigan Press
ISBN: 0472026089
Category : Law
Languages : en
Pages : 322

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Book Description
The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan

Criminal Procedure and the Supreme Court

Criminal Procedure and the Supreme Court PDF Author: Rolando V. del Carmen
Publisher: Rowman & Littlefield Publishers
ISBN: 1442201584
Category : Social Science
Languages : en
Pages : 383

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Book Description
In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.

Leading U.S. Supreme Court Cases in Criminal Justice

Leading U.S. Supreme Court Cases in Criminal Justice PDF Author: Dean J. Champion
Publisher: Prentice Hall
ISBN: 9780135131824
Category : Criminal justice, Administration of
Languages : en
Pages : 0

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Book Description
Leading U.S. Supreme Court Cases in Criminal Justice: Briefs and Key Terms is an indispensable reference for courses in criminal procedure, constitutional law and criminal law. The book is divided into two major sections. The first major section includes annotated briefs of over 1000 U.S. Supreme Court decisions that have impacted the criminal justice system. The second major section includes more than 6000 key terms and definitions across all areas of criminal justice and criminology. Features of the book include: U.S. Supreme Court cases indexed by over 160 categories Case annotations include case details, court holdings, reasons for such holdings and relevance of cases to criminal justice Explanation of citation protocol for U.S. Reports, Supreme Court Reporter, and regional state Supreme Court compilations and reporters, such as the Pacific Reporter and Southwestern Reporter. Addresses and contact information provided for most Ph.D. programs in criminology/criminal justice Comprehensive listing of acronyms for criminal justice organizations and agencies Up-to-date listing of Internet sites accessed by criminologists for research Contact information for all U.S. corrections agencies, including probation and parole

The Supreme Court’s Role in Mass Incarceration

The Supreme Court’s Role in Mass Incarceration PDF Author: William T. Pizzi
Publisher: Routledge
ISBN: 1000180468
Category : Fiction
Languages : en
Pages : 314

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Book Description
The Supreme Court’s Role in Mass Incarceration illuminates the role of the United States Supreme Court’s criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades—despite the substantial decline in the crime rate—the author posits that part of the explanation is the Court’s failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate—the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

Murder at the Supreme Court

Murder at the Supreme Court PDF Author: Martin Clancy
Publisher:
ISBN: 1616146486
Category : Law
Languages : en
Pages : 412

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Book Description
Offers a unique behind the scenes look at the capital punishment cases that made it to the highest court in the land.

Dictionary of American Criminal Justice

Dictionary of American Criminal Justice PDF Author: Dean J. Champion
Publisher: Routledge
ISBN: 1135928134
Category : Law
Languages : en
Pages : 364

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Book Description
First Published in 1999. The Dictionary of American Criminal Justice is divided into two extensive sections: Part One is a dictionary that applies an interdisciplinary approach to enhance its effectiveness as a one-stop resource in explaining the American criminal justice system. Terms are drawn from such disciplines as criminology, criminal justice, corrections, probation/parole, juvenile justice, and policing. Many definitions are accompanied by examples from the research literature, illustrating how the terms apply in particular contexts. Also included are listings of leading theorists of criminology, a synopsis of their major theoretical contributions, and extracts from their written works. Part Two, providing examples that demonstrate the concepts of the dictionary in action, includes the most recent and significant U.S. Supreme Court cases--an easy-to-read account of the events leading to each case, how the Supreme Court decided the case, and the rationale used in each decision. Students, researchers, and librarians can quickly and easily identify key cases across a broad spectrum of topics by using indexes that list by name and by category. For any researcher wishing to understand the American criminal justice system, the Dictionary of American Criminal Justice is a crucial reference text.

The New Criminal Justice Thinking

The New Criminal Justice Thinking PDF Author: Sharon Dolovich
Publisher: NYU Press
ISBN: 1479831549
Category : Law
Languages : en
Pages : 356

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Book Description
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

Tried and Convicted

Tried and Convicted PDF Author:
Publisher: Rowman & Littlefield
ISBN: 1442217189
Category : Civil rights
Languages : en
Pages : 179

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Book Description


The Rights of the Accused

The Rights of the Accused PDF Author: Kermit Hall
Publisher: Taylor & Francis
ISBN: 9780815334330
Category : Civil rights
Languages : en
Pages : 446

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Book Description
First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.