Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
Book Description
SOU-CCJ230 Introduction to the American Criminal Justice System
Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
Book Description
The Limits of the Criminal Sanction
Author: Herbert Packer
Publisher: Stanford University Press
ISBN: 9780804780797
Category : Social Science
Languages : en
Pages : 404
Book Description
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Publisher: Stanford University Press
ISBN: 9780804780797
Category : Social Science
Languages : en
Pages : 404
Book Description
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
The Criminal Justice System
Author: George F. Cole
Publisher: Wadsworth Publishing Company
ISBN:
Category : Education
Languages : en
Pages : 516
Book Description
This text provides an in-depth look at policy issues related to policing, courts, and corrections. It gives students the opportunity to look at difficult issues related to important topics, through an interesting selection of readings. Flexible in its design, the book includes twenty-seven classic and contemporary articles that promote understanding of important issues in the field and encourage readers to think critically about the links between police, politics, law and the administration of justice. Students will explore everything from the crime policies that do or do not work to the latest hot topics.
Publisher: Wadsworth Publishing Company
ISBN:
Category : Education
Languages : en
Pages : 516
Book Description
This text provides an in-depth look at policy issues related to policing, courts, and corrections. It gives students the opportunity to look at difficult issues related to important topics, through an interesting selection of readings. Flexible in its design, the book includes twenty-seven classic and contemporary articles that promote understanding of important issues in the field and encourage readers to think critically about the links between police, politics, law and the administration of justice. Students will explore everything from the crime policies that do or do not work to the latest hot topics.
Model Codes for Post-conflict Criminal Justice
Author: Vivienne M. O'Connor
Publisher: US Institute of Peace Press
ISBN: 9781601270122
Category : Law
Languages : en
Pages : 544
Book Description
Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.
Publisher: US Institute of Peace Press
ISBN: 9781601270122
Category : Law
Languages : en
Pages : 544
Book Description
Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.
Crime, Law and Society
Author: MalcolmM. Feeley
Publisher: Routledge
ISBN: 1351570633
Category : History
Languages : en
Pages : 327
Book Description
Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
Publisher: Routledge
ISBN: 1351570633
Category : History
Languages : en
Pages : 327
Book Description
Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
An Introduction to Comparative Legal Models of Criminal Justice
Author: Cliff Roberson
Publisher: CRC Press
ISBN: 1498746292
Category : Law
Languages : en
Pages : 259
Book Description
Updated to reflect changes in the criminal justice systems in several countries, An Introduction to Comparative Legal Models of Criminal Justice, Second Edition explores and illustrates the idea that a country‘s legal model determines the character of its police, corrections, and legal system. It focuses on how law shapes policing, including how it
Publisher: CRC Press
ISBN: 1498746292
Category : Law
Languages : en
Pages : 259
Book Description
Updated to reflect changes in the criminal justice systems in several countries, An Introduction to Comparative Legal Models of Criminal Justice, Second Edition explores and illustrates the idea that a country‘s legal model determines the character of its police, corrections, and legal system. It focuses on how law shapes policing, including how it
Models of Criminal Procedure System
Author: Ruihua Chen
Publisher: Springer Nature
ISBN: 981193651X
Category : Law
Languages : en
Pages : 335
Book Description
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.
Publisher: Springer Nature
ISBN: 981193651X
Category : Law
Languages : en
Pages : 335
Book Description
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.
Third Parties
Author: Leslie Sebba
Publisher:
ISBN: 9780814206683
Category : History
Languages : en
Pages : 460
Book Description
Recent years have seen a heightened awareness of the plight of victims of crime and their neglect by the traditional criminal justice system. Many jurisdictions have adopted a "Bill of Rights" for the victim; public funds have been established to compensate victims; courts have been enjoined to order offenders to make restitution; welfare agencies have developed programs to provide victims with assistance; and courts are inviting victims to testify at the sentencing hearings of their offenders. These reforms have been accompanied by a growing body of literature. What has been lacking until now is an overview that looks at their philosophical underpinnings and considers how these different proposals are conceptually related to one another and to other prevailing criminal justice doctrines and ideologies. Leslie Sebba fills this gap in Third Parties. Sebba first establishes a set of criteria by which to evaluate reforms by identifying the parameters of an optimal criminal justice system. From this perspective, he then discusses individual victim-related reforms. What emerges most clearly from Sebba's timely and encyclopedic work is the need to rethink many of the issues involved. The first book-length study of its kind, this volume is recommended reading for policy makers in the field of victim reform and is essential for scholars and students in victimology, victims and the criminal justice system, the sociology of law, criminal justice policy, and law and social policy. Leslie Sebba is professor of criminology on the faculty of law at the Hebrew University of Jerusalem. He is the coauthor of "Rehabilitation as Punishment: The Treatment of Drug-Addict Offenders" and "Punishment under the "Service Work" Law: An Evaluation" and the co-editor of "Criminology in Perspective: Essays in Honor of Israel Drapkin." He is one of the founding editors of "The International Review of Victimology."
Publisher:
ISBN: 9780814206683
Category : History
Languages : en
Pages : 460
Book Description
Recent years have seen a heightened awareness of the plight of victims of crime and their neglect by the traditional criminal justice system. Many jurisdictions have adopted a "Bill of Rights" for the victim; public funds have been established to compensate victims; courts have been enjoined to order offenders to make restitution; welfare agencies have developed programs to provide victims with assistance; and courts are inviting victims to testify at the sentencing hearings of their offenders. These reforms have been accompanied by a growing body of literature. What has been lacking until now is an overview that looks at their philosophical underpinnings and considers how these different proposals are conceptually related to one another and to other prevailing criminal justice doctrines and ideologies. Leslie Sebba fills this gap in Third Parties. Sebba first establishes a set of criteria by which to evaluate reforms by identifying the parameters of an optimal criminal justice system. From this perspective, he then discusses individual victim-related reforms. What emerges most clearly from Sebba's timely and encyclopedic work is the need to rethink many of the issues involved. The first book-length study of its kind, this volume is recommended reading for policy makers in the field of victim reform and is essential for scholars and students in victimology, victims and the criminal justice system, the sociology of law, criminal justice policy, and law and social policy. Leslie Sebba is professor of criminology on the faculty of law at the Hebrew University of Jerusalem. He is the coauthor of "Rehabilitation as Punishment: The Treatment of Drug-Addict Offenders" and "Punishment under the "Service Work" Law: An Evaluation" and the co-editor of "Criminology in Perspective: Essays in Honor of Israel Drapkin." He is one of the founding editors of "The International Review of Victimology."
Performance Measures for the Criminal Justice System
Author: John J. DiIulio
Publisher:
ISBN:
Category : Criminal justice personnel
Languages : en
Pages : 182
Book Description
A Discussion paper from the BJS-Princeton Project.
Publisher:
ISBN:
Category : Criminal justice personnel
Languages : en
Pages : 182
Book Description
A Discussion paper from the BJS-Princeton Project.
The Machinery of Criminal Justice
Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 318
Book 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.
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 318
Book 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.