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Author: Gene Healy
Publisher: Cato Institute
ISBN: 9781930865631
Category : Law
Languages : en
Pages : 200
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Book Description
The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.
Author: Gene Healy
Publisher: Cato Institute
ISBN: 9781930865631
Category : Law
Languages : en
Pages : 200
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Book Description
The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.
Author: Tera Eva Agyepong
Publisher: UNC Press Books
ISBN: 1469638665
Category : Social Science
Languages : en
Pages : 197
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Book Description
In the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different treatment, reformers founded the nation's first juvenile court in Chicago in 1899. Yet amid an influx of new African American arrivals to the city during the Great Migration, notions of inherent childhood innocence and juvenile justice were circumscribed by race. In documenting how blackness became a marker of criminality that overrode the potential protections the status of "child" could have bestowed, Tera Eva Agyepong shows the entanglements between race and the state's transition to a more punitive form of juvenile justice. In this important study, Agyepong expands the narrative of racialized criminalization in America, revealing that these patterns became embedded in a justice system originally intended to protect children. In doing so, she also complicates our understanding of the nature of migration and what it meant to be black and living in Chicago in the early twentieth century.
Author: Peter Edelman
Publisher: The New Press
ISBN: 162097553X
Category : Political Science
Languages : en
Pages : 208
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Book Description
Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."
Author: Thomas Søbirk Petersen
Publisher: Springer Nature
ISBN: 3030346900
Category : Law
Languages : en
Pages : 157
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Book Description
The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.
Author: Risdon N. Slate
Publisher:
ISBN: 9781531004422
Category : Insanity (Law)
Languages : en
Pages : 560
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Book Description
"For a myriad of reasons the criminal justice system has become the de facto mental health system in the United States. The third edition of The Criminalization of Mental Illness thoroughly explains these reasons, and describes in detail specialized law enforcement responses to people with mental illness (PWMI), mental health courts, jails and prison conditions, and discharge planning for this group. The third edition also includes examples of crises involving PWMI that end up driving policy, examines how therapeutic jurisprudence can be utilized to improve responses to PWMI and to ameliorate the inhumane and costly recycling of PWMI through the criminal justice system, and provides insight from criminal justice practitioners, in their own words, about the challenges both PWMI and practitioners face in the system and efforts to overcome them. This edition also examines the tension throughout the system when attempting to balance public safety and civil liberties. The concept of defunding the police and the impact of the Affordable Care Act on PWMI are considered as well"--
Author: J. Schonsheck
Publisher: Springer Science & Business Media
ISBN: 9401581002
Category : Philosophy
Languages : en
Pages : 338
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Book Description
I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.
Author: Wolfgang P. Müller
Publisher: Cornell University Press
ISBN: 0801464625
Category : History
Languages : en
Pages : 279
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Book Description
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller’s book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.
Author: Alissa Ackerman
Publisher:
ISBN: 9781611633566
Category : Illegal aliens
Languages : en
Pages : 0
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Book Description
Immigration has become an increasingly popular topic often leading to passionate and powerful debate. The visceral emotions that stem from such debates transcends fact and paves the way for value conflicts over what it means to be an American. For most of our history, one of our most important narratives has been that we are a country that was built by and for immigrants. Indeed, the inscription on the Statue of Liberty reads, in part, "Give me your tired, your poor, your huddled masses yearning to breathe free." For many generations we welcomed new generations of immigrants who added new levels of richness and possibility to our nation. This certainly influenced U.S. policy on the handling of immigrants, refugees, and asylum seekers. Yet, at the same time, a coexisting argument threatened this discourse. In this story, America is a country for Americans, and is threatened by "others". While this part of the story is certainly not new, it has resurfaced in the wake of September 11th and, even more recently, has become a political tool utilized to serve the interests of those in power. \ The Criminalization of Immigration: Contexts and Consequences explores these competing narratives and the consequences of criminalizing immigration in the United States and abroad. It examines the impact of national, state, and local legislation on the psychosocial well being of immigrants. The book explores key ways in which immigration is criminalized, and examines how the problematization of immigration becomes a political tool. The first chapters of the book explore the criminalization of immigration through the lens of pacification and the theater of cruelty. In both chapters, the authors seek to understand the process of "othering" members of the immigrant population to exact social control and to mollify the public. These front chapters set the tone for remainder of the book. They provide the impetus for why states have enacted, or have attempted to enact state level immigration laws that make it nearly impossible for the undocumented to live within the boundaries of these states. In section two, three U.S. states are highlighted: Arizona, Alabama, and Indiana. While the chapters on Arizona and Alabama summarize key aspects of state laws, author Sujey Vega highlights the life of one undocumented immigrant as she navigates life in the Heartland. The book then turns its focus to the criminalization of immigration in a socio-political context. Here, four chapters provide explorations of the criminalization of immigration on labor standards enforcement, immigrant detention, the right wing perspective in the United States and in Europe, and white supremacy. Labor standards impact the rate by which undocumented immigrants are paid, which in turn impacts their health and safety within and outside the workplace, protections from workplace discrimination, and collective activity protections. The criminalization of immigration erodes many of the workplace and labor protections that we have come to view as essential. Similarly, the privatization of corrections has influenced the incarceration and detention of many undocumented immigrants and has even influenced the very laws described in section two of this book. If not for the possibility of profiting off of the detention of the undocumented, many of immigration related laws would not have come to fruition. The next section of the book provides a transnational and international context to the criminalization of immigration. With chapters focusing on human rights violations, the transnational dimensions of Mexican migration, the making of the Maras, and the criminalization of immigration in the United Kingdom, these chapters ask the reader to examine the criminalization of immigration from a broader perspective. The reader learns how national issues become international and, likewise how international immigration issues influence national policy. The final chapters of the book put the human face on the criminalization of immigration. Each chapter represents a case study of a specific aspect of the criminalization of immigration. They approach the issue from the viewpoint of a day laborer, an undocumented woman who has become a victim of domestic violence, a child whose parents are undocumented, and a detention officer who wrestles with his decisions to continue his job. Regardless of which chapters one reads, the raw emotion felt by placing oneself in each context is overwhelming. Overall, The Criminalization of Immigration: Contexts and Consequences provides a complete examination of an issue that cuts through emotional value conflicts. It provides the facts and knowledge essential for a fair and balanced debate. PowerPoint slides are available upon adoption. Sample slides from the full 107-slide presentation are available to view here. Email
[email protected] for more information.
Author: R. A. Duff
Publisher: Oxford University Press
ISBN: 0199644314
Category : Law
Languages : en
Pages : 244
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Book Description
This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.
Author: Monique W. Morris
Publisher: New Press, The
ISBN: 1620971208
Category : Education
Languages : en
Pages : 289
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Book Description
Fifteen-year-old Diamond stopped going to school the day she was expelled for lashing out at peers who constantly harassed and teased her for something everyone on the staff had missed: she was being trafficked for sex. After months on the run, she was arrested and sent to a detention center for violating a court order to attend school. Just 16 percent of female students, Black girls make up more than one-third of all girls with a school-related arrest. The first trade book to tell these untold stories, Pushout exposes a world of confined potential and supports the growing movement to address the policies, practices, and cultural illiteracy that push countless students out of school and into unhealthy, unstable, and often unsafe futures. For four years Monique W. Morris, author of Black Stats, chronicled the experiences of black girls across the country whose intricate lives are misunderstood, highly judged—by teachers, administrators, and the justice system—and degraded by the very institutions charged with helping them flourish. Morris shows how, despite obstacles, stigmas, stereotypes, and despair, black girls still find ways to breathe remarkable dignity into their lives in classrooms, juvenile facilities, and beyond.
