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Author: Walter P. Signorelli
Publisher: Taylor & Francis
ISBN: 1000959236
Category : Law
Languages : en
Pages : 396
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Book Description
Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Author: Walter P. Signorelli
Publisher: Taylor & Francis
ISBN: 1000959236
Category : Law
Languages : en
Pages : 396
Get Book Here
Book Description
Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Author: David Alan Sklansky
Publisher: Harvard University Press
ISBN: 0674259696
Category : Law
Languages : en
Pages : 337
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Book Description
A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
Author: Antony Duff
Publisher: Oxford University Press on Demand
ISBN: 9780199269228
Category : Law
Languages : en
Pages : 247
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Book Description
This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be definedas a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis.
Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191655279
Category : Law
Languages : en
Pages : 250
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Book Description
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Author: Kevin C. McMunigal
Publisher: Ingram
ISBN: 9781531004019
Category : Criminal law
Languages : en
Pages : 0
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Book Description
Criminal Law: Problems, Statutes, and Cases combines effective, innovative teaching methods, such as the use of problems and visual materials, with cases, including recent opinions on bias intimidation, possession of child pornography, threatening speech on social media, and theft of computer code. Key features include: A problem methodology. The book incorporates problem methodology with extensive use of problems, many based on recent cases. A statutory approach. A primary goal of the book is teaching skills in interpreting and, to a lesser degree, writing statutes. Visual materials. Visual materials include: (1) diagrammed crimes; (2) graphic exercises, such as having students create a timeline to compare and contrast various tests for the conduct element in attempt; and (3) video clip recommendations from a wide range of movies and TV shows such as The Wire and Breaking Bad.
Author: William Lawrence Clark
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 956
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Book Description
Author: Randall Kennedy
Publisher: Vintage
ISBN: 0307814653
Category : Social Science
Languages : en
Pages : 559
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Book Description
An "admirable, courageous, and meticulously fair and honest book” (New York Times Book Review) in which “one of our most important and perceptive writers on race" (The Washington Post) takes on a highly complex issue in a way that no one has before. "This book should be a standard for all law students."—Boston Globe In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.
Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 0198043996
Category : Philosophy
Languages : en
Pages : 244
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Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author: Vincenzo Ruggiero
Publisher: Routledge
ISBN: 1317647394
Category : Business & Economics
Languages : en
Pages : 182
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Book Description
This book provides an analysis of the two concepts of power and crime and posits that criminologists can learn more about these concepts by incorporating ideas from disciplines outside of criminology. Although arguably a 'rendezvous' discipline, Vincenzo Ruggiero argues that criminology can gain much insight from other fields such as the political sciences, ethics, social theory, critical legal studies, economic theory, and classical literature. In this book Ruggiero offers an authoritative synthesis of a range of intellectual conceptions of crime and power, drawing on the works and theories of classical, as well as contemporary thinkers, in the above fields of knowledge, arguing that criminology can ‘humbly’ renounce claims to intellectual independence and adopt notions and perspectives from other disciplines. The theories presented locate the crimes of the powerful in different disciplinary contexts and make the book essential reading for academics and students involved in the study of criminology, sociology, law, politics and philosophy.
Author: Gerry Johnstone
Publisher: SAGE
ISBN: 1446206173
Category : Social Science
Languages : en
Pages : 233
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Book Description
What is the definition of ′crime′? Law and Crime helps the criminologist to understand how the law constructs crime and how one might engage in critical analysis of such legal constructions. It uses a thematic approach to comprehensively explore the relationship between criminal conduct, criminal justice and the law. The book introduces key topics in criminal law scholarship for criminologists, including: criminalization fault and criminal responsibility corporate liability the production of criminal guilt the nature of judicial punishment. Aimed at students with no prior knowledge of law, the book includes many useful features to enhance understanding, from chapter overviews and key terms to study questions and suggestions for further reading. The Key Approaches to Criminology series celebrates the removal of traditional barriers between disciplines and, specifically, reflects criminology’s interdisciplinary nature and focus. It brings together some of the leading scholars working at the intersections of criminology and related subjects. Each book in the series helps readers to make intellectual connections between criminology and other discourses, and to understand the importance of studying crime and criminal justice within the context of broader debates. The series is intended to have appeal across the entire range of undergraduate and postgraduate studies and beyond, comprising books which offer introductions to the fields as well as advancing ideas and knowledge in their subject areas.
