Author: Norman J. FINKEL
Publisher: Harvard University Press
ISBN: 0674036875
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
Norman J. Finkel explores the relationship between the law on the books, as set down in the Constitution and developed in cases and decisions, and what he calls commonsense justice, the ordinary citizen's notions of what is just and fair.
Author: Norman J. Finkel
Publisher: Harvard University Press
ISBN: 9780674005563
Category : Law
Languages : en
Pages : 404
Get Book Here
Book Description
In this timely book, Norman Finkel looks at the relationship between the “law on the books,” as set down in the Constitution and developed in cases and decisions, and what he calls “commonsense justice”: the ordinary citizen’s notions of what is just and fair.
Author: Kevin K. Kumashiro
Publisher: Routledge
ISBN: 1135198055
Category : Education
Languages : en
Pages : 164
Get Book Here
Book Description
Drawing on his own experience teaching diverse grades and subjects, Kevin Kumashiro examines aspects of teaching and learning toward social justice, and suggests concrete implications for K-12 teachers and teacher educators.
Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552324
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
Author: Bruce A. Arrigo
Publisher: SAGE Publications
ISBN: 1483389790
Category : Social Science
Languages : en
Pages : 1799
Get Book Here
Book Description
Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader′s Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader′s Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics. Key Themes: History of Criminal Justice Ethics General Criminal Justice Ethics Police Ethics Legal Ethics Correctional Ethics Criminal Justice Cases and Controversies Technology, Crime, and Ethics Ethics and Critical Criminology
Author: Amy Hill Hearth
Publisher: HarperCollins
ISBN: 0062675931
Category : Juvenile Nonfiction
Languages : en
Pages : 158
Get Book Here
Book Description
Starred reviews hail Streetcar to Justice as "a book that belongs in any civil rights library collection" (Publishers Weekly) and "completely fascinating and unique” (Kirkus). An ALA Notable Book and winner of a Septima Clark Book Award from the National Council for the Social Studies. Bestselling author and journalist Amy Hill Hearth uncovers the story of a little-known figure in U.S. history in this fascinating biography. In 1854, a young African American woman named Elizabeth Jennings won a major victory against a New York City streetcar company, a first step in the process of desegregating public transportation in Manhattan. This illuminating and important piece of the history of the fight for equal rights, illustrated with photographs and archival material from the period, will engage fans of Phillip Hoose’s Claudette Colvin and Steve Sheinkin’s Most Dangerous. One hundred years before Rosa Parks refused to give up her seat on a bus in Montgomery, Alabama, Elizabeth Jennings’s refusal to leave a segregated streetcar in the Five Points neighborhood of Manhattan set into motion a major court case in New York City. On her way to church one day in July 1854, Elizabeth Jennings was refused a seat on a streetcar. When she took her seat anyway, she was bodily removed by the conductor and a nearby police officer and returned home bruised and injured. With the support of her family, the African American abolitionist community of New York, and Frederick Douglass, Elizabeth Jennings took her case to court. Represented by a young lawyer named Chester A. Arthur (a future president of the United States) she was victorious, marking a major victory in the fight to desegregate New York City’s public transportation. Amy Hill Hearth, bestselling author of Having Our Say: The Delany Sisters’ First 100 Years, illuminates a lesser-known benchmark in the struggle for equality in the United States, while painting a vivid picture of the diverse Five Points neighborhood of Manhattan in the mid-1800s. Includes sidebars, extensive illustrative material, notes, and an index.
Author: John Kleinig
Publisher: Routledge
ISBN: 1317257138
Category : Social Science
Languages : en
Pages : 309
Get Book Here
Book Description
Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar
Author: Bruce A. Arrigo
Publisher: Oxford University Press
ISBN: 0199707162
Category : Psychology
Languages : en
Pages : 317
Get Book Here
Book Description
In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. The Ethics of Total Confinement is a thought-provoking and timely must-read for anyone interested in the ethical and legal issues regarding madness, citizenship, and social justice. "It has become clear that there is no criminological exit from embrace of degrading punishments and practices to which our increasingly distorted risk perception commits us. Instead, the path forward must run through a return to the ethical and psychological roots of security and justice. The Ethics of Total Confinement is a quantum step forward in defining and advancing that path."--Jonathan Simon , Adrian A. Kragen Professor of Law, Jurisprudence and Social Policy Program, UC Berkeley School of Law "This book boldly calls for a total transformation in the way the law deals with people who are confined because of their perceived depravity or dangerousness. It focuses on three outcast groups--juveniles tried as adults, people with mental illness subjected to hospitalization, and sex offenders committed as dangerous--and, based on an innovative analysis of the relevant caselaw and empirics, shows why current practices not only visit substantial harm on these people but also brutalize those who deprive them of liberty and damage the rest of us by feeding our basest, most uninformed fears. Relying on Aristotelian philosophy, therapeutic and restorative principles, and commonsense justice, the book persuasively argues that we must reorient the training and thinking of all major players in the system if our goal is to promote the maximum amount of human flourishing."--Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School "The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice deepens our understanding of how our legal system justifies its treatment of those it confines. By bridging gaps among relevant disciplines, the book clarifies to an interdisciplinary audience just how inadequate those justifications turn out to be when measured by psychological, ethical, or justice-based standards. The book's provocative conclusions and recommendations offer much food for thought and suggest potential directions for action."--Dennis Fox, Emeritus Associate Professor of Legal Studies and Psychology, University of Illinois at Springfield "The Ethics of Total Confinement shows how captivity diminishes the keepers and the kept. It is a book that synthesises in creative new ways reformist visions of justice, virtue and the cultivation of habits of character. This is profound work that opens new paths to dignity, healing and social justice."--John Braithwaite, Australian Research Council Federation Fellow, Australian National University "The Ethics of Total Confinement offers a useful and wide-ranging perspective grounded in psychological jurisprudence. With its emphasis on the harm done to those most vulnerable to extremes of risk-management, this volume makes a welcome addition to the literature on confinement."--Lorna Rhodes, Professor, Department of Anthropology, University of Washington "The provocative thesis of this book develops psychological jurisprudence to conceptualize the ethics of existing total confinement practices, aspiring to greater justice and human flourishing for all. A timely intervention of this kind is most welcome."--George Pavlich, Associate Vice-President (Research), Professor of Law and Sociology, University of Alberta
Author: Daniel A. Krauss
Publisher: Routledge
ISBN: 1317109961
Category : Psychology
Languages : en
Pages : 240
Get Book Here
Book Description
The first of a two-volume set on the Psychology of the Courtroom, Jury Psychology: Social Aspects of Trial Processes offers a definitive account of the influence of trial procedures on juror decision-making. A wide range of topics are covered including pre-trial publicity and inadmissible evidence, jury selection, jury instruction, and death penalty cases, as well as decision-making in civil trials. In addition, a number of global issues are discussed, including procedural justice issues and theoretical models of juror decision-making. Throughout the volume the authors make recommendations for improving trial procedures where jurors are involved, and they discuss how the problems and potential solutions are relevant to courts around the world.
Author: Legal Services Research Centre
Publisher: The Stationery Office
ISBN: 9780117067240
Category : Language Arts & Disciplines
Languages : en
Pages : 176
Get Book Here
Book Description
This edited collection brings together a selection of papers originally presented at the Legal Services Research Centre's seventh international research conference held at the Royal Naval Academy, Greenwich, London, 18 - 20 June 2008. The papers, drawn from three continents, shed light on how major legal aid jusrisdictions are facing the challenge of providing, shaping and extending the reach of legal aid in the face of increasing pressure on resources. The papers give an insight into the role of research in the development of legal aid and are linked in their focus on innovations: from schemes to encourage the next generation of legal aid lawyers, to services built around needs of users and communities, to methods for ensuring quality of services and mechanisms to deliver services for, and engage, "hard-to-reach" and disadvantaged groups.
