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Author: Joseph F. Zimmerman
Publisher: Lexington Books
ISBN: 0739198076
Category : Political Science
Languages : en
Pages : 177
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Book Description
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Author: Joseph F. Zimmerman
Publisher: Lexington Books
ISBN: 0739198076
Category : Political Science
Languages : en
Pages : 177
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Book Description
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Author: American Bar Association. Task Force on the Federalization of Criminal Law
Publisher: American Bar Association
ISBN:
Category : Law
Languages : en
Pages : 290
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Book Description
Author: Paul H. Robinson
Publisher: Rowman & Littlefield
ISBN: 1538102021
Category : Social Science
Languages : en
Pages : 405
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Book Description
Can crime make our world safer? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes “trigger” improvement in our lives. Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it. Sometimes reform comes as a society wrestles with a new and intolerable problem. Sometimes it comes because an old problem from which we have long suffered suddenly has an apparent solution provided by technology or some other social or economic advance. Or, sometimes the engine of reform kicks into gear simply because we decide as a society that we are no longer willing to tolerate a long-standing problem and are now willing to do something about it. As the amazing and often touching stories that the Robinsons present make clear, the path of progress is not just a long series of course corrections; sometimes it is a quick turn or an unexpected lurch. In a flash we can suddenly feel different about present circumstances, seeing a need for change and can often, just as suddenly, do something about it. Every trigger crime that appears in Crimes That Changed Our World highlights a societal problem that America has chosen to deal with, each in a unique way. But what these extraordinary, and sometime unexpected, cases have in common is that all of them describe crimes that changed our world.
Author: Jim McGee
Publisher: Simon and Schuster
ISBN: 0684832712
Category : Law
Languages : en
Pages : 404
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Book Description
Award-winning investigative reporters journey inside the Criminal Division of the Department of Justice to see how the powerful law enforcement agency fights America's war on crime. This perceptive examination reveals how the Justice Department operates--from its role in history to critical evaluations of its wars against the Cali cocaine cartel, violent gangs in Shreveport and Chicago, high-level government espionage, and international terrorism.
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: Ted Gest
Publisher: Oxford University Press
ISBN: 0190290137
Category : Political Science
Languages : en
Pages : 304
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Book Description
Why has America experienced an explosion in crime rates since 1960? Why has the crime rate dropped in recent years? Though politicians are always ready both to take the credit for crime reduction and to exploit grisly headlines for short-term political gain, these questions remain among the most important-and most difficult to answer-in America today. In Crime & Politics, award-winning journalist Ted Gest gives readers the inside story of how crime policy is formulated inside the Washington beltway and state capitols, why we've had cycle after cycle of ineffective federal legislation, and where promising reforms might lead us in the future. Gest examines how politicians first made crime a national rather than a local issue, beginning with Lyndon Johnson's crime commission and the landmark anti-crime law of 1968 and continuing right up to such present-day measures as "three strikes" laws, mandatory sentencing, and community policing. Gest exposes a lack of consistent leadership, backroom partisan politics, and the rush to embrace simplistic solutions as the main causes for why Federal and state crime programs have failed to make our streets safe. But he also explores how the media aid and abet this trend by featuring lurid crimes that simultaneously frighten the public and encourage candidates to offer another round of quick-fix solutions. Drawing on extensive research and including interviews with Edwin Meese, Janet Reno, Joseph Biden, Ted Kennedy, and William Webster, Crime & Politics uncovers the real reasons why America continues to struggle with the crime problem and shows how we do a better job in the future.
Author: Lisa Lynn Miller
Publisher: Oxford University Press
ISBN: 0195331680
Category : Political Science
Languages : en
Pages : 265
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Book Description
In the past dozen years, a number of American cities plagued by gun violence have tried to enact local laws to stem gun-related crime. Yet policymakers at the state and federal levels have very frequently stymied their efforts. This is not an atypical phenomenon. In fact, for a whole range of pressing social problems, state and federal policymakers ignore the demands of local communities that suffer from such ills the most. Lisa L. Miller asks, how does America's multi-tiered political system shape crime policy in ways that empower the higher levels of government yet demobilize and disempower local communities? After all, crime has a disproportionate impact on poor and minority communities, which typically connect crime and violence to broader social and economic inequities at the local level. As The Perils of Federalism powerfully demonstrates, though, the real control to set policy lies with the state and federal governments, and at these levels single-issue advocates--gun rights groups as well as prison, prosecutorial and law enforcement agencies--are able to shape policy over the heads of the people most affected by the issue. There is a tragic irony in this. The conventional wisdom that emerged from the Civil Rights era was that the higher levels of government--and the federal level in particular--best served the disadvantaged, while localities were most likely to ignore the social problems resulting from racial and economic inequality. Crime policy, Miller argues, teaches us an opposite lesson: as policy control migrates to higher levels, the priorities of low-income minority communities are ignored, the realities of racial and economic inequality are marginalized, and citizens lose their voices. Taking readers from the streets of Philadelphia to the halls of Congress, she details how and why our system operates in the way that it does. Ultimately, the book not only challenges what we think about the advantages of relying of federal power for sensible and fair solutions to longstanding social problems. It also highlights the deep disconnect between the structure of the American political system and the ideals of democratic accountability.
Author: Shahid M. Shahidullah
Publisher: University Press of America
ISBN: 9780761840985
Category : Law
Languages : en
Pages : 330
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Book Description
This book is a systematic examination of the nature of America's crime and criminal justice system as defined by its policy-makers at different times and in disparate contexts of social and political realities. By examining legislative documents and court cases and analyzing federal and state policy developments in such areas as drug crimes, juvenile crimes, sex crimes, and cyber crimes, this book provides a historically embedded and policy relevant understanding of how America's system of criminal justice was born, how it has grown, and where it is going. Book jacket.
Author: Paul Craig Roberts
Publisher: Crown
ISBN: 0307410153
Category : Political Science
Languages : en
Pages : 290
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Book Description
A thousand years of legal protections against tyranny are being stolen right before our eyes. Under the guise of good intentions, personal liberties as old as the Magna Carta have become casualties in the wars being waged on pollution, drugs, white-collar crime, and all of the other real and imagined social ills. The result: innocent people caught up in a bureaucratic web that destroys lives and livelihoods; businesses shuttered because of victimless infractions; a justice system that values coerced pleas over the search for truth; bullying police agencies empowered to confiscate property without due process. "A devastating indictment of our current system of justice." — Milton Friedman In this provocative book, Paul Craig Roberts and Lawrence M. Stratton show how the law, which once shielded us from the government, has now become a powerful weapon in the hands of overzealous prosecutors and bureaucrats. Lost is the foundation upon which our freedom rest—the intricate framework of Constitutional limits that protect our property, our liberty, and our lives. Roberts and Stratton convincingly argue that this abuse of government power doesn't have ideological boundaries. Indeed, conservatives and liberals alike use prosecutors, regulators, and courts to chase after their own favorite "devils," to seek punishment over justice and expediency over freedom. The authors present harrowing accounts of people both rich and poor, of CEOs and blue-collar workers who have fallen victim to the tyranny of good intentions, who have lost possessions, careers, loved ones, and sometimes even their lives. This book is a sobering wake-up call to reclaim that which is rightly ours—liberty protected by the rule of law.
Author: Harvey Silverglate
Publisher: Encounter Books
ISBN: 1594035229
Category : Law
Languages : en
Pages : 390
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Book Description
"The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner and then goes to sleep, unaware that he or she has likely committted several federal crimes that day ... Why?" This book explores the answer to the question, reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and the law's expectations and surprises the reader with its insight.
