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Author: Charles Ogletree
Publisher: Macmillan + ORM
ISBN: 0230110134
Category : Social Science
Languages : en
Pages : 291
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Book Description
Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.
Author: Charles Ogletree
Publisher: Macmillan + ORM
ISBN: 0230110134
Category : Social Science
Languages : en
Pages : 291
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Book Description
Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.
Author: Martin D. Yant
Publisher: Prometheus Books
ISBN: 1615925686
Category : Law
Languages : en
Pages : 240
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Book Description
The American judicial system is far too often a source of injustice for the innocent rather than justice for the guilty. Despite all the alleged protections built into the trial process, a person facing criminal charges is virtually presumed guilty until proven innocent - not the reverse. Presumed Guilty is about thousands of innocent Americans who each year are convicted of serious crimes they did not commit. Many are convicted of crimes that did not even occur. Journalist Martin Yant vividly and dramatically explains the process by which American justice is miscarried, providing carefully researched details about more than 100 wrongful convictions. Yant''s writing reveals both passion and frustration as he explains how most mistaken convictions could easily be avoided. "No criminal justice system is infallable," he writes, "but most errors aren''t the result of carefully considered decisions that happen to be wrong." He cites examples of outrageous carelessness, investigations that conform facts to predetermined theories, the use of long-discredited investigative techniques, rampant prejudice, and the desire of police and prosecutors to "win" convictions at any price - even if evidence is fabricated to do so. Yant goes on to propose achievable solutions that would not only prevent years of imprisonment for the wrongfully convicted but also save the lives of innocent individuals who face the increasingly used death penalty. Presumed Guilty reveals not only how often the American justice system goes awry, but how easily - and how quickly - it is possible to become its victim.
Author: Richard L. Lippke
Publisher: Oxford University Press
ISBN: 0190469196
Category : Law
Languages : en
Pages : 289
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Book Description
Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Author: Anthony Gray
Publisher: Lexington Books
ISBN: 1498554113
Category : Political Science
Languages : en
Pages : 209
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Book Description
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Author: Martin Schönteich
Publisher:
ISBN: 9781936133840
Category : Political Science
Languages : en
Pages : 0
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Book Description
In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
Author: Matt Dalton
Publisher: Simon and Schuster
ISBN: 1416526927
Category : True Crime
Languages : en
Pages : 206
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Book Description
No one knows the story behind the sensational headlines of the Scott Peterson murder trial better than defense attorney Matt Dalton. For six straight months after Peterson's arrest, Dalton was the defense's only full-time investigative attorney on the case. During that time, he lived in Modesto and investigated every element of the case, interviewing scores of witnesses, reviewing more than 35,000 pages of police documents, and meeting almost daily with Scott Peterson in jail. What he has uncovered will astound even the most informed observers of the Laci Peterson murder case and challenge the most deeply held beliefs about what really happened to Laci Peterson on Christmas Eve, 2002. This is the first book to go inside the Peterson defense team, and the only book to detail all the evidence that the jury did not hear -- evidence that might have led to Scott Peterson's acquittal, and that will surely play a crucial part in his pending appeals. Among the revelations in Presumed Guilty: Reports from numerous witnesses who saw Laci Peterson alive and well the morning of December 24, after the police claim Scott Peterson had already killed her; none of them testified at trial The story of another woman, eight months pregnant, who was harassed by two men the morning of December 24 only five blocks from the Peterson home The burglary that reportedly occurred directly across the street from the Peterson home on the morning of December 24, and the confessed burglars' questionable claims that the burglary happened days later Previously unreported details of the autopsy reports on Laci Peterson and her son, which cast strong doubts on key elements of the prosecution's case The disappearances of six pregnant women, in addition to Laci, reported missing and presumed dead within eighty miles of Modesto between 1999 and 2002 Compelling, provocative, disturbing, Presumed Guilty is the fascinating story of one lawyer's relentless efforts to find the truth behind one of the most complex and notorious murder cases in American history.
Author: Alan Dershowitz
Publisher: Simon and Schuster
ISBN: 1510757562
Category : Law
Languages : en
Pages : 181
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Book Description
A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.
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: Todd H. Green
Publisher: Fortress Press
ISBN: 1506420605
Category : Religion
Languages : en
Pages : 222
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Book Description
All of us should condemn terrorism--whether the perpetrators are Muslim extremists, white supremacists, Marxist revolutionaries, or our own government. But it's time for us to stop asking Muslims to condemn terrorism under the assumption they are guilty of harboring terrorist sympathies or promoting violence until they prove otherwise. Renowned expert on Islamophobia Todd Green shows us how this line of questioning is riddled with false assumptions that say much more about "us" than "them."Ê Green offers three compelling reasons why we should stop asking Muslims to condemn terrorism: 1) The question wrongly assumes Islam is the driving force behind terrorism 2) The question ignores the many ways Muslims already condemn terrorism. 3) The question diverts attention from unjust Western violence. This book is an invitation for self-examination when it comes to the questions we ask of Muslims and ourselves about violence. It will open the door to asking better questions of our Muslim neighbors, questions based not on the presumption of guilt but on the promise of friendship.
Author: Angela J. Davis
Publisher: Vintage
ISBN: 1101871288
Category : Social Science
Languages : en
Pages : 353
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Book Description
A comprehensive, readable analysis of the key issues of the Black Lives Matter movement, this thought-provoking and compelling anthology features essays by some of the nation’s most influential and respected criminal justice experts and legal scholars. “Somewhere among the anger, mourning and malice that Policing the Black Man documents lies the pursuit of justice. This powerful book demands our fierce attention.” —Toni Morrison Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process, from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The contributors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court’s failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.
