Punishment Without Crime

Punishment Without Crime
Author: Alexandra Natapoff
Publisher: Basic Books
Total Pages: 320
Release: 2018-12-31
Genre: Law
ISBN: 0465093809

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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

Crime without Punishment

Crime without Punishment
Author: Lawrence M. Friedman
Publisher: Cambridge University Press
Total Pages: 155
Release: 2018-05-31
Genre: Law
ISBN: 1108588816

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In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.

Barred

Barred
Author: Daniel S. Medwed
Publisher: Basic Books
Total Pages: 276
Release: 2022-09-20
Genre: Law
ISBN: 1541675908

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A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.

An Essay on Crimes and Punishments

An Essay on Crimes and Punishments
Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 274
Release: 2006
Genre: Criminal justice, Administration of
ISBN: 1584776382

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Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.

Snitching

Snitching
Author: Alexandra Natapoff
Publisher: NYU Press
Total Pages: 361
Release: 2022-11-15
Genre: Law
ISBN: 1479807710

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Reveals the secretive, inaccurate, and often violent ways that the American criminal system really works Curtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police. Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color. First published over ten years ago, Snitching has become known as the “informant bible,” a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff’s own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

Punishment Without Crime

Punishment Without Crime
Author: Solomon Andhil Fineberg
Publisher: Garden City, N.Y., Doubleday
Total Pages: 366
Release: 1949
Genre: Minorities
ISBN:

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Punishment Without Crime, subtitled What You Can Do About Prejudice, is intended to be a handbook in the struggle against intolerance. Dr. Fineberg does not waste time in denouncing bias and discrimination, but assumes that the reader is a person of good will who knows they are evil and wants to do something about them. What the reader can do, both by himself and in cooperation with others, is the book's theme. One section discusses discrimination in employment, education, public accommodation, and housing. Another, called Guises and Disguises of the Enemy, is concerned with hate organizations, rabble-rousers, hate writers, ruffians, tricksters, etc. A third, Allies and How You Can Help Them, lists specific ways in which clergymen, teachers, parents, writers, police, researchers, and others can work for tolerance.

The Enterprise of Law

The Enterprise of Law
Author: Bruce L. Benson
Publisher: Independent Institute
Total Pages: 384
Release: 2013-03-01
Genre: Law
ISBN: 1598130692

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In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

When Brute Force Fails

When Brute Force Fails
Author: Mark A. R. Kleiman
Publisher: Princeton University Press
Total Pages: 256
Release: 2009-08-17
Genre: Political Science
ISBN: 9781400831265

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Since the crime explosion of the 1960s, the prison population in the United States has multiplied fivefold, to one prisoner for every hundred adults--a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade. Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken. Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.

Profit and Punishment

Profit and Punishment
Author: Tony Messenger
Publisher: St. Martin's Press
Total Pages: 172
Release: 2021-12-07
Genre: Social Science
ISBN: 1250274656

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In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.

Usual Cruelty

Usual Cruelty
Author: Alec Karakatsanis
Publisher: The New Press
Total Pages: 130
Release: 2019-10-29
Genre: Law
ISBN: 1620975289

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From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.