The Lower Criminal Courts

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The Lower Criminal Courts

Author : Alisa Smith
Publisher : Routledge
ISBN 13 : 1000006905
Total Pages : 166 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Lower Criminal Courts by : Alisa Smith

Download or read book The Lower Criminal Courts written by Alisa Smith and published by Routledge. This book was released on 2019-05-22 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores misdemeanor courts in the United States by focusing on the processing of misdemeanor crimes and the resultant consequences of conviction, such as loss of employment and housing, the imposition of significant fines, and loss of liberty—all amounting to the criminalization of poverty that happens in many U.S. misdemeanor courts. A major concern is the lack of due process employed in lower courts. Although the seminal case of Gideon v. Wainwright required the appointment of counsel to individuals too poor to hire counsel in felony cases, it was not until 1967, when the President’s Commission on Law Enforcement and Administration of Justice found a crisis in the lower courts, that the Supreme Court extended the right to counsel to some (though not all) prosecutions of misdemeanor offenses. The first step to improving our understanding of the lower courts is a concerted effort by scholars to focus on the processing and outcomes of misdemeanor cases. This collection begins to fill the void by providing a comprehensive review of the scholarly work on the lower courts in the United States. Collecting analysis from key academics engaged in work in this area today, the book reviews the varying specialized lower criminal courts, including specialty courts that have emerged in just the last couple of decades, along with discussions of the history, legal challenges, operation, primary actors (judges, prosecutors, defense counsel, and defendants), and current research on these courts. The book explores the profound consequences misdemeanor processing has for defendants and discusses the future of the lower criminal courts and offers best practices to improve them. The Lower Criminal Courts is essential for scholars and undergraduate and graduate students in criminology, sociology, justice studies, pre-law/legal studies, political science, and social work, and it is also useful as a resource providing legal practitioners with important information, highlighting the significance of consequences of misdemeanor arrests, detentions, and adjudications.

The Process is the Punishment

Author : Malcolm M. Feeley
Publisher : Russell Sage Foundation
ISBN 13 : 1610442016
Total Pages : 365 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis The Process is the Punishment by : Malcolm M. Feeley

Download or read book The Process is the Punishment written by Malcolm M. Feeley and published by Russell Sage Foundation. This book was released on 1979-10-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

Boston's Lower Criminal Courts, 1814-1850

Author : Theodore N. Ferdinand
Publisher : University of Delaware Press
ISBN 13 : 9780874134223
Total Pages : 254 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Boston's Lower Criminal Courts, 1814-1850 by : Theodore N. Ferdinand

Download or read book Boston's Lower Criminal Courts, 1814-1850 written by Theodore N. Ferdinand and published by University of Delaware Press. This book was released on 1992 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Boston's antebellum period was a historical watershed in every way. The city's economy was growing dramatically, compulsory education was well underway, the Irish were coming, crime was soaring, and the lower criminal courts were expanding sharply." "A resurgent bar association struggled to professionalize by shifting from the time-honored method of training lawyers via apprenticeships to requiring formal education in law schools. The Municipal Court redefined its mission by adding regulatory disputes to the docket and diverting minor cases into extra-legal channels. As it adopted a proactive stance, the court became a dispute resolution center, the prosecutor learned to manage caseflow closely and to set punishments via plea bargaining, and the court's docket grew tenfold by 1850. Minor regulatory disputes and minor vice were quietly transferred to the Police Court, and its cases more than doubled by 1850. All this took place between 1830 and 1850." "Crime also took several interesting turns. Youthful criminals and wayward children roamed the streets with impunity during the 1830s, and by 1850 they accounted for the major portion of Boston's property losses. Prohibition was a divisive issue, and liquor laws and their violations proliferated. Expanding commerce brought many opportunities for fraud, and it too became a common charge. Public drunkenness and prostitution mounted, and though the much-maligned Irish aggravated many of these problems, they by no means caused Boston's first crime wave." "Antebellum Boston witnessed the birth of the modern criminal court--a high-volume, multipurposed, criminal court using plea bargaining to dispose of the bulk of its cases. As Boston's courts moved to plea bargaining, the court's officers also became more professional, and its formal procedures grew more intricate. These contrary tendencies were unrelated in Boston." "Some might draw from the rapid expansion of Boston's criminal justice system that the community was mounting a puritanical repression of vice and the dangerous classes, but it was not simply a matter of putting immorality down. It was a calling to account of all classes by means of a just legal system that assigned punishment according to guilt. Though the Irish were assailed on all sides, they were treated fairly in the city's legal institutions. Boston's lower criminal courts were a worthy example for the nation as a whole during the antebellum years."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

The Process is the Punishment

Author : Malcolm M. Feeley
Publisher : Russell Sage Foundation
ISBN 13 : 9780871542557
Total Pages : 364 pages
Book Rating : 4.5/5 (425 download)

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Book Synopsis The Process is the Punishment by : Malcolm M. Feeley

Download or read book The Process is the Punishment written by Malcolm M. Feeley and published by Russell Sage Foundation. This book was released on 1992-07-14 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

Crime, Law and Society

Author : MalcolmM. Feeley
Publisher : Routledge
ISBN 13 : 1351570641
Total Pages : 556 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Crime, Law and Society by : MalcolmM. Feeley

Download or read book Crime, Law and Society written by MalcolmM. Feeley and published by Routledge. This book was released on 2017-07-05 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.

Transforming Summary Justice

Author : Jenni Ward
Publisher : Routledge
ISBN 13 : 1317539451
Total Pages : 195 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Transforming Summary Justice by : Jenni Ward

Download or read book Transforming Summary Justice written by Jenni Ward and published by Routledge. This book was released on 2016-11-10 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sweeping changes are being introduced into the lower-tier magistrates’ courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of ‘lay justice’. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.

Criminal Courts

Author : Jonathan D. Casper
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Criminal Courts by : Jonathan D. Casper

Download or read book Criminal Courts written by Jonathan D. Casper and published by . This book was released on 1978 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Felonies in three cities--Phoenix, Baltimore, and Detroit."--Abstract.

Criminal Courts

Author : Richard Hartley
Publisher :
ISBN 13 : 9780133779745
Total Pages : 0 pages
Book Rating : 4.7/5 (797 download)

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Book Synopsis Criminal Courts by : Richard Hartley

Download or read book Criminal Courts written by Richard Hartley and published by . This book was released on 2017-03-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For courses in Criminal Courts, Court Process and Sentencing, and Courts and Sentencing Issues A comprehensive examination of the criminal court system and the processing of defendants From the actors in the system, including judges, prosecutors, and defense attorneys, through the sentencing and appeals process, Criminal Courts provides comprehensive coverage of the United States Criminal Court systems in a succinct, readable approach. It examines issues confronting the system from historical, philosophical, sociological, and psychological perspectives, and throughout there are comparisons of court ideals with what actually happens in the courts. Comprehensive coverage of the processing of offenders from when they are arrested and charged with crimes, to when they are convicted and sentenced is presented, and throughout the text, practical, real-life applications of the topics and issues give the material meaning. Included to enhance learning are: evidence-based chapter openings that provide context to the chapter's material, boxes that discuss relevant case law, chapter summaries to reiterate the chapter learning objectives, and policy-oriented critical thinking exercises based on current issues facing the system.

Rough Justice: Perspectives on Lower Criminal Courts

Author : John Ancona Robertson
Publisher :
ISBN 13 :
Total Pages : 568 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rough Justice: Perspectives on Lower Criminal Courts by : John Ancona Robertson

Download or read book Rough Justice: Perspectives on Lower Criminal Courts written by John Ancona Robertson and published by . This book was released on 1974 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Over-Efficiency in the Lower Criminal Courts

Author : Shaun S. Yates
Publisher : Policy Press
ISBN 13 : 1529236401
Total Pages : 148 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Over-Efficiency in the Lower Criminal Courts by : Shaun S. Yates

Download or read book Over-Efficiency in the Lower Criminal Courts written by Shaun S. Yates and published by Policy Press. This book was released on 2024-06-11 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our pursuit of efficiency in the lower criminal courts, have we lost sight of quality justice? Through the critical examination of original stenographic data, this book demonstrates how an English Magistrates' courthouse often pursued managerial efficiency to the detriment of social justice and procedural due process values. Given that these courts process more than 95% of all criminal cases, this ‘over-efficiency’ problem has the capacity to cause significant social harm. Yates’ work concludes by providing socio-legal and criminological readers with ways to fix this over-efficiency problem. This accessible work is of value to policy makers and post-graduate students alike.

America's Courts and the Criminal Justice System

Author : David W. Neubauer
Publisher : Wadsworth Publishing Company
ISBN 13 : 9780538738293
Total Pages : 0 pages
Book Rating : 4.7/5 (382 download)

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Book Synopsis America's Courts and the Criminal Justice System by : David W. Neubauer

Download or read book America's Courts and the Criminal Justice System written by David W. Neubauer and published by Wadsworth Publishing Company. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely used and widely respected, "America's Courts and the Criminal Justice System", Tenth Edition, offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp, clear writing style, characterized by careful chunking of material into small sections within chapters, ensures that readers gain a firm handle on the material, while the text's innovative "courtroom workhouse" model, which focuses on the interrelationships among the judge, prosecutor, and defense attorney, brings the courtroom to life. This popular text is known for the way it gives students a true glimpse what it is like to work within the American criminal justice system, and the tenth edition is no exception. This modern edition offers coverage that reflects recent policy shaping and headline-making developments as well as incorporation of additional student-learning and review tools.

Criminal Courts

Author : Craig Hemmens
Publisher : SAGE
ISBN 13 : 1412979560
Total Pages : 521 pages
Book Rating : 4.4/5 (129 download)

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Book Synopsis Criminal Courts by : Craig Hemmens

Download or read book Criminal Courts written by Craig Hemmens and published by SAGE. This book was released on 2009-11-05 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook covers court structure, courtroom actors, and the trial and appeal process. In addition, it also covers related areas often not covered, or inadequately covered, in many courts textbooks. These include judicial decision-making, specialized courts, and comparative court systems.

Over-Efficiency in the Lower Criminal Courts

Author : Shaun Yates
Publisher : Policy Press
ISBN 13 : 1529236398
Total Pages : 148 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Over-Efficiency in the Lower Criminal Courts by : Shaun Yates

Download or read book Over-Efficiency in the Lower Criminal Courts written by Shaun Yates and published by Policy Press. This book was released on 2024-06-11 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using real world cases, this book reveals the tendency of magistrates’ courts to prioritise efficiency over substantive justice. Yates offers insights into the ways criminal courts can increase their speediness and cost-effectiveness, whilst upholding social justice and procedural due process.

Criminal Courts

Author : Craig Hemmens
Publisher : SAGE Publications
ISBN 13 : 1544338953
Total Pages : 458 pages
Book Rating : 4.5/5 (443 download)

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Book Synopsis Criminal Courts by : Craig Hemmens

Download or read book Criminal Courts written by Craig Hemmens and published by SAGE Publications. This book was released on 2019-02-04 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by three nationally recognized experts in the field, Criminal Courts: A Contemporary Perspective explores all the fundamental topics (court structure, courtroom actors, and the trial and appeals process) as well as other ground-breaking topics, such as specialty courts and comparative court systems. This bestseller provides you with a foundation for understanding key concepts by reviewing the judicial function, the role and purpose of law, sources of law, the various types of law, and the American court system’s structure and operations. You will build on this foundation by learning about participants in the system and the pretrial, trial, and post-trial processes. Packed with contemporary examples and new pedagogical tools, the Fourth Edition has been thoroughly revised with the most up-to-date content and resources to give you a more comprehensive understanding of the criminal courts system.

Misdemeanorland

Author : Issa Kohler-Hausmann
Publisher : Princeton University Press
ISBN 13 : 0691196117
Total Pages : 324 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Misdemeanorland by : Issa Kohler-Hausmann

Download or read book Misdemeanorland written by Issa Kohler-Hausmann and published by Princeton University Press. This book was released on 2019-08-27 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A criminal defense attorney, sociologist, and legal scholar takes readers inside New York City's lower criminal courts.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Criminal Courts for the 21st Century

Author :
Publisher :
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Criminal Courts for the 21st Century by :

Download or read book Criminal Courts for the 21st Century written by and published by . This book was released on 1999 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together 20 articles, drawn from a variety of sources, which address several of the most important and contentious issues that currently face our criminal courts. The readings were chosen to be timely, to represent a wide range of salient topics and to be easily accessible.