The Political Heart of Criminal Procedure

The Political Heart of Criminal Procedure
Author: Michael Klarman
Publisher: Cambridge University Press
Total Pages:
Release: 2011-12-30
Genre: Law
ISBN: 1139505580

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The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.

The Political Heart of Criminal Procedure

The Political Heart of Criminal Procedure
Author: Professor of Law Michael Klarman
Publisher:
Total Pages: 247
Release: 2014-05-14
Genre: LAW
ISBN: 9781139224956

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"This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work"--

Criminal Procedure

Criminal Procedure
Author: Marvin Zalman
Publisher:
Total Pages: 536
Release: 2002
Genre: Law
ISBN:

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The Collapse of American Criminal Justice

The Collapse of American Criminal Justice
Author: William J. Stuntz
Publisher: Harvard University Press
Total Pages: 425
Release: 2011-09-30
Genre: History
ISBN: 0674051750

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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Criminal Procedure

Criminal Procedure
Author: Marvin Zalman
Publisher: Wadsworth Publishing Company
Total Pages: 796
Release: 1997
Genre: Law
ISBN:

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Upper-level criminal procedure text uses a conceptual approach that focuses on the social, political, and historical evolution of criminal procedure. Unique case and comment format achieves a sophisticated blend of edited cases and explanatory text. Substantial edited case excerpts and dissenting opinions give students an appreciation of the judicial philosophy behind decisions. Law in Society sections show how laws and legal institutions function in todays society. Justices of the Court sections profile Supreme Court Justices and humanize the legal process by showing how the law has been shaped by people with strong ideas about the nature of the American constitutional system.

The Political Heart of Criminal Procedure

The Political Heart of Criminal Procedure
Author: Michael Klarman
Publisher: Cambridge University Press
Total Pages: 247
Release: 2012
Genre: Law
ISBN: 1107019419

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This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work. Both as a tribute to Stuntz's work and as a source of profound new insights, this book examines his role in the renaissance of criminal procedure as a cutting-edge discipline, and as inseparably linked to substantive criminal law.

Criminalization

Criminalization
Author: R A Duff
Publisher: OUP Oxford
Total Pages: 337
Release: 2014-12-04
Genre: Law
ISBN: 0191040983

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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

Illusion of Order

Illusion of Order
Author: Bernard E. Harcourt
Publisher: Harvard University Press
Total Pages: 310
Release: 2005-02-15
Genre: Social Science
ISBN: 9780674038318

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This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.

Trading Democracy for Justice

Trading Democracy for Justice
Author: Traci Burch
Publisher: University of Chicago Press
Total Pages: 266
Release: 2013-08-21
Genre: Political Science
ISBN: 022606509X

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The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind. For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system. The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.

Conscience of Prosecutors in International Criminal Law

Conscience of Prosecutors in International Criminal Law
Author: Farhad Malekian
Publisher: Nova Science Publishers
Total Pages: 244
Release: 2021-11-04
Genre: Criminal justice, Administration of
ISBN: 9781685072995

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This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by using evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The visual perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represents the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which the prosecutor can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of criminal justice and its efficacy.