Why the Innocent Plead Guilty and the Guilty Go Free

Why the Innocent Plead Guilty and the Guilty Go Free PDF Author: Michael Leon Cook
Publisher: Lulu.com
ISBN: 9781411643925
Category : Law
Languages : en
Pages : 342

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Book Description
Deals with the effective brutality and injustice of the plea bargain system when many effective safeguards of criminal defense have been disabled or circumvented.

Why the Innocent Plead Guilty and the Guilty Go Free

Why the Innocent Plead Guilty and the Guilty Go Free PDF Author: Michael Leon Cook
Publisher: Lulu.com
ISBN: 9781411643925
Category : Law
Languages : en
Pages : 342

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Book Description
Deals with the effective brutality and injustice of the plea bargain system when many effective safeguards of criminal defense have been disabled or circumvented.

Why the Innocent Plead Guilty and the Guilty Go Free

Why the Innocent Plead Guilty and the Guilty Go Free PDF Author: Judge Jed S. Rakoff
Publisher: Farrar, Straus and Giroux
ISBN: 0374722064
Category : Law
Languages : en
Pages : 208

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Book Description
A senior federal judge’s incisive, unsettling exploration of some of the paradoxes that define the judiciary today, Why the Innocent Plead Guilty and the Guilty Go Free features essays examining why innocent people plead guilty, why high-level executives aren’t prosecuted, why you won’t get your day in court, and why the judiciary is curtailing its own constitutionally mandated power. How can we be proud of a system of justice that often pressures the innocent to plead guilty? How can we claim that justice is equal when we imprison thousands of poor Black men for relatively modest crimes but rarely prosecute rich white executives who commit crimes having far greater impact? How can we applaud the Supreme Court’s ever-more-limited view of its duty to combat excesses by the president? The federal judge Jed S. Rakoff, a leading authority on white-collar crime, explores these and other puzzles in Why the Innocent Plead Guilty and the Guilty Go Free, a startling account of our broken legal system. Grounded in Rakoff’s twenty-four years as a federal trial judge in New York in addition to the many years he worked as a federal prosecutor and criminal defense lawyer, Rakoff ’s assessment of our justice system illuminates some of our most urgent legal, social, and political issues: plea deals and class-action lawsuits, corporate impunity and the death penalty, the perils of eyewitness testimony and forensic science, the war on terror and the expanding reach of the executive branch. A fundamental problem, he reveals, is that the judiciary is constraining its own constitutional powers. Like few others, Rakoff understands the values that animate the best aspects of our legal system—and has a close-up view of our failure to live up to these ideals. But he sees within this gap great opportunities for practical reform, and a public mandate to make our justice system truly just.

The Puzzle of Prison Order

The Puzzle of Prison Order PDF Author: David Skarbek
Publisher: Oxford University Press, USA
ISBN: 0190672498
Category : Political Science
Languages : en
Pages : 241

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Book Description
Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order, David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars.

Punishment Without Crime

Punishment Without Crime PDF Author: Alexandra Natapoff
Publisher: Basic Books
ISBN: 0465093809
Category : Law
Languages : en
Pages : 320

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Book Description
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

The Bail Book

The Bail Book PDF 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.

When Should Law Forgive?

When Should Law Forgive? PDF Author: Martha Minow
Publisher: W. W. Norton & Company
ISBN: 0393651827
Category : Law
Languages : en
Pages : 256

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Book Description
“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.

Too Big to Jail

Too Big to Jail PDF Author: Brandon L. Garrett
Publisher: Harvard University Press
ISBN: 0674744616
Category : Law
Languages : en
Pages : 380

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Book Description
American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.

You Have the Right to Remain Innocent

You Have the Right to Remain Innocent PDF Author: James J. Duane
Publisher: Little a
ISBN: 9781503933392
Category : POLITICAL SCIENCE
Languages : en
Pages : 0

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Book Description
An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.

The Chickenshit Club

The Chickenshit Club PDF Author: Jesse Eisinger
Publisher: Simon and Schuster
ISBN: 1501121383
Category : Business & Economics
Languages : en
Pages : 434

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Book Description
Winner of the 2018 Excellence in Financial Journalism Award From Pulitzer Prize–winning journalist Jesse Eisinger, “a fast moving, fly-on-the-wall, disheartening look at the deterioration of the Justice Department and the Securities and Exchange Commission…It is a book of superheroes” (San Francisco Review of Books). Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond. The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek). Jesse Eisinger begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives. “Brave and elegant…a fearless reporter…Eisinger’s important and profound book takes no prisoners” (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).

Smoke But No Fire

Smoke But No Fire PDF Author: Jessica S. Henry
Publisher: Univ of California Press
ISBN: 0520385802
Category : Law
Languages : en
Pages : 264

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Book Description
2020 Foreword INDIES Book of the Year Awards Winner, Silver (Political and Social Sciences) Winner of the Montaigne Medal, awarded to "the most thought-provoking books" The first book to explore a shocking yet all-too-common type of wrongful conviction—one that locks away innocent people for crimes that never actually happened. Rodricus Crawford was convicted and sentenced to die for the murder by suffocation of his beautiful baby boy. After years on death row, evidence confirmed what Crawford had claimed all along: he was innocent, and his son had died from an undiagnosed illness. Crawford is not alone. A full one-third of all known exonerations stem from no-crime wrongful convictions. The first book to explore this common but previously undocumented type of wrongful conviction, Smoke but No Fire tells the heartbreaking stories of innocent people convicted of crimes that simply never happened. A suicide is mislabeled a homicide. An accidental fire is mislabeled an arson. Corrupt police plant drugs on an innocent suspect. A false allegation of assault is invented to resolve a custody dispute. With this book, former New York City public defender Jessica S. Henry sheds essential light on a deeply flawed criminal justice system that allows—even encourages—these convictions to regularly occur. Smoke but No Fire promises to be eye-opening reading for legal professionals, students, activists, and the general public alike as it grapples with the chilling reality that far too many innocent people spend real years behind bars for fictional crimes.