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Author: Allen Steinberg
Publisher: Univ of North Carolina Press
ISBN: 0807864757
Category : Law
Languages : en
Pages : 337
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Book Description
Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system -- dominated by the police and public prosecutor -- that replaced it. He offers a major reinterpretation of criminal justice in nineteenth-century America by examining this transformation from private to state prosecution and analyzing the discontinuity between the two systems. Steinberg first establishes why the courts were the sources of law enforcement, authority, and criminal justice before the advent of the police. He shows how the city's system of private prosecution worked, adapted to massive social change, and came to dominate the culture of criminal justice even during the first decades following the introduction of the police. He then considers the dilemmas that prompted reform, beginning with the establishment of a professional police force and culminating in the restructuring of primary justice. Making extensive use of court dockets, state and municipal government publications, public speeches, personal memoirs, newspapers, and other contemporary records, Steinberg explains the intimate connections between private prosecution, the everyday lives of ordinary people, and the conduct of urban politics. He ties the history of Philadelphia's criminal courts closely to related developments in the city's social and political evolution, making a contribution not only to the study of criminal justice but also to the larger literature on urban, social, and legal history. Originally published in 1989. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Allen Steinberg
Publisher: Univ of North Carolina Press
ISBN: 0807864757
Category : Law
Languages : en
Pages : 337
Get Book Here
Book Description
Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system -- dominated by the police and public prosecutor -- that replaced it. He offers a major reinterpretation of criminal justice in nineteenth-century America by examining this transformation from private to state prosecution and analyzing the discontinuity between the two systems. Steinberg first establishes why the courts were the sources of law enforcement, authority, and criminal justice before the advent of the police. He shows how the city's system of private prosecution worked, adapted to massive social change, and came to dominate the culture of criminal justice even during the first decades following the introduction of the police. He then considers the dilemmas that prompted reform, beginning with the establishment of a professional police force and culminating in the restructuring of primary justice. Making extensive use of court dockets, state and municipal government publications, public speeches, personal memoirs, newspapers, and other contemporary records, Steinberg explains the intimate connections between private prosecution, the everyday lives of ordinary people, and the conduct of urban politics. He ties the history of Philadelphia's criminal courts closely to related developments in the city's social and political evolution, making a contribution not only to the study of criminal justice but also to the larger literature on urban, social, and legal history. Originally published in 1989. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: James M. Donovan
Publisher: Univ of North Carolina Press
ISBN: 0807895776
Category : Law
Languages : en
Pages : 273
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Book Description
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 320
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Book Description
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Author: Greg Berman
Publisher: The New Press
ISBN: 1620972247
Category : Law
Languages : en
Pages : 128
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Book Description
As heard on NPR's Fresh Air Recommended by The New York Times' Sam Roberts “Start Here is an urgent and timely primer on the approaches that are working and don’t require federal approval or political revolution to end one of the most pressing justice issues the country faces today.” —Brooklyn Daily Eagle A bold agenda for criminal justice reform based on equal parts pragmatism and idealism, from the visionary director of the Center for Court Innovation, a leader of the reform movement Everyone knows that the United States leads the world in incarceration, and that our political process is gridlocked. What can be done right now to reduce the number of people sent to jail and prison? This essential book offers a concrete roadmap for both professionals and general readers who want to move from analysis to action. In this forward-looking, next-generation criminal justice reform book, Greg Berman and Julian Adler of the Center for Court Innovation highlight the key lessons from these programs—engaging the public in preventing crime, treating all defendants with dignity and respect, and linking people to effective community-based interventions rather than locking them up. Along the way, they tell a series of gripping stories, highlighting gang members who have gotten their lives back on track, judges who are transforming their courtrooms, and reformers around the country who are rethinking what justice looks like. While Start Here offers no silver bullets, it does put forth a suite of proven reforms—from alternatives to bail to diversion programs for mentally ill defendants—that will improve the lives of thousands of people right now. Start Here is a must-read for everyone who wants to start dismantling mass incarceration without waiting for a revolution or permission. Proceeds from the book will support the Center for Court Innovation's reform efforts.
Author: Matthew Epperson
Publisher: Oxford University Press
ISBN: 0190653094
Category : Law
Languages : en
Pages : 305
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Book Description
Smart Decarceration is a forward-thinking, practical volume that provides concrete strategies for an era of decarceration. This timely work consists of chapters written from multiple perspectives and disciplines including scholars, practitioners, and persons with incarceration histories. The text grapples with tough questions and builds a foundation for the decarceration field.
Author: Leila Sadat
Publisher: BRILL
ISBN: 9004479732
Category : Law
Languages : en
Pages : 584
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Book Description
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
Author: Sharon Dolovich
Publisher: NYU Press
ISBN: 1479831549
Category : Law
Languages : en
Pages : 356
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Book Description
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
Author: Rafael A. Mangual
Publisher:
ISBN: 9781546001522
Category : Political Science
Languages : en
Pages : 0
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Book Description
In his impassioned-yet-measured book, Rafael A. Mangual offers an incisive critique of America's increasingly radical criminal justice reform movement, and makes a convincing case against the pursuit of "justice" through mass-decarceration and depolicing. After a summer of violent protests in 2020--sparked by the deaths of George Floyd, Breonna Taylor, and Rayshard Brooks--a dangerously false narrative gained mainstream acceptance: Criminal justice in the United States is overly punitive and racially oppressive. But, the harshest and loudest condemnations of incarceration, policing, and prosecution are often shallow and at odds with the available data. And the significant harms caused by this false narrative are borne by those who can least afford them: black and brown people who are disproportionately the victims of serious crimes. In Criminal (In)Justice, Rafael A. Mangual offers a more balanced understanding of American criminal justice, and cautions against discarding traditional crime control measures. A powerful combination of research, data-driven policy journalism, and the author's lived experiences, this book explains what many reform advocates get wrong, and illustrates how the misguided commitment to leniency places America's most vulnerable communities at risk. The stakes of this moment are incredibly high. Ongoing debates over criminal justice reform have the potential to transform our society for a generation--for better or for worse. Grappling with the data--and the sometimes harsh realities they reflect--is the surest way to minimize the all-too-common injustices plaguing neighborhoods that can least afford them.
Author: Philip Russell Goodman
Publisher: Oxford University Press
ISBN: 0199976066
Category : Law
Languages : en
Pages : 241
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Book Description
In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps debunk the pendulum model of American criminal justice, arguing that it distorts how and why punishment changes. From the birth of the penitentiary through recent reforms, the authors show how the struggle of players in the penal field shapes punishment.
Author: Philip Alston
Publisher: Oxford University Press
ISBN: 0190239492
Category : Law
Languages : en
Pages : 577
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Book Description
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
