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The Political Heart Of Criminal Procedure
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Book Synopsis The Political Heart of Criminal Procedure by : Michael Klarman
Download or read book The Political Heart of Criminal Procedure written by Michael Klarman and published by Cambridge University Press. This book was released on 2011-12-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Political Heart of Criminal Procedure by : Professor of Law Michael Klarman
Download or read book The Political Heart of Criminal Procedure written by Professor of Law Michael Klarman and published by . This book was released on 2014-05-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work"--
Book Synopsis Criminal Procedure by : Marvin Zalman
Download or read book Criminal Procedure written by Marvin Zalman and published by . This book was released on 2002 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Procedure by : Marvin Zalman
Download or read book Criminal Procedure written by Marvin Zalman and published by Wadsworth Publishing Company. This book was released on 1997 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminalization written by Antony Duff and published by . This book was released on 2014 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing 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.
Book Synopsis The Structures of the Criminal Law by : R. A. Duff
Download or read book The Structures of the Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2011-12-08 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role? Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.
Book Synopsis Criminal Procedure Law by : Simeneh Kiros Assefa
Download or read book Criminal Procedure Law written by Simeneh Kiros Assefa and published by Xlibris Corporation. This book was released on 2010-02 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: The divergence of the law and the practice has never been as visible in other areas of law as it is in the area of Criminal Procedure. Hence, the title Criminal Procedure: Principles, Rules and Practices. In the first part, the book gives a succinct summary of the ideal procedure should the law be strictly complied with and the (political and economic) challenges in the administration of the criminal justice. For the main part, reproducing the relevant provisions of the law the book discuses the principles and the law on Criminal Procedure comprehensively. Court decisions are reproduced and discussed in order to show the practice and trends in the interpretation and application of the law. The only binding decisions in our legal system are decisions of the House of Federation on matters of constitutional interpretation and the Federal Supreme Court Cassation Division decisions by at least five judges, of which there are very few to refer to. The book approaches Criminal Procedure as a process; thus, it chronologically discusses the steps from crime reporting to the police to prosecution, trial and post judgment remedies. The comments on the law are intertwined with the discussion on the application of the law by the police, the prosecution office and the courts.
Book Synopsis Conscience of Prosecutors in International Criminal Law by : Farhad Malekian
Download or read book Conscience of Prosecutors in International Criminal Law written by Farhad Malekian and published by Nova Science Publishers. This book was released on 2021-11-04 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Criminal Justice in Divided America by : David A. Sklansky
Download or read book Criminal Justice in Divided America written by David A. Sklansky and published by Harvard University Press. This book was released on 2025-01-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How a broken criminal justice system has fueled the crisis of American democracy, and how we can address both problems together. American criminal justice is in crisis. Prisons are swollen, confidence in police has plummeted, and race- and class-based biases distort every aspect of the system. American democracy is in crisis, too, as the chasm of loathing and incomprehension that divides political factions grows ever wider and deeper. Legal scholar and former prosecutor David A. Sklansky argues that these crises are deeply intertwined. And if the failures of American criminal justice are near the heart of our political divides, then reforming the system is essential for repairing our democracy. Criminal Justice in Divided America shows how police, courts, and prisons helped to break American democracy and how better approaches to public safety and criminal accountability can help to repair it. Engaging critically with concerns from both the left and the right, Sklansky lays out a clear and deeply researched agenda for reforming police departments, prosecutors’ offices, criminal trials, and punishment. Sklansky seeks pragmatic solutions that take account of political realities: the lofty ideal of empowering “the people” or “the community” can mean little when members of the public or the community disagree. While efforts to “defund” the police have exacerbated political conflicts without addressing the underlying problem of how and when force should be used to protect public safety, reforms aimed at improving police accountability, restraining prosecutorial power, and expanding the role of juries can bring together warring parties who share a concern for justice. Ultimately, Sklansky argues, reform must be rooted in a strong commitment to pluralism—bridging political divides rather than worsening them, strengthening democracy, and securing the broad support that enables durable change.
Book Synopsis American Criminal Law by : Paul H. Robinson
Download or read book American Criminal Law written by Paul H. Robinson and published by Routledge. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This coursebook offers an exciting new approach to teaching criminal law to graduate and undergraduate students, and indeed to the general public. Each well-organized and student-friendly chapter offers historical context, tells the story of a principal historic case, provides a modern case that contrasts with the historic, explains the legal issue at the heart of both cases, includes a unique mapping feature describing the range of positions on the issue among the states today, examines a key policy question on the topic, and provides an aftermath that reports the final chapter to the historic and modern case stories. By embedding sophisticated legal doctrine and analysis in real-world storytelling, the book provides a uniquely effective approach to teaching American criminal law in programs on criminal justice, political science, public policy, history, philosophy, and a range of other fields"--
Book Synopsis The Political Heart of Criminal Procedure by : Michael Klarman
Download or read book The Political Heart of Criminal Procedure written by Michael Klarman and published by Cambridge University Press. This book was released on 2012 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Collapse of American Criminal Justice by : William J. Stuntz
Download or read book The Collapse of American Criminal Justice written by William J. Stuntz and published by Harvard University Press. This book was released on 2011-09-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Trading Democracy for Justice by : Traci Burch
Download or read book Trading Democracy for Justice written by Traci Burch and published by University of Chicago Press. This book was released on 2013-08-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Illusion of Order by : Bernard E. Harcourt
Download or read book Illusion of Order written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2005-02-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Political Roots of Racial Tracking in American Criminal Justice by : Nina M. Moore
Download or read book The Political Roots of Racial Tracking in American Criminal Justice written by Nina M. Moore and published by Cambridge University Press. This book was released on 2015-01-26 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the public and policy makers in enabling the race problem in the American criminal justice system.
Book Synopsis The Good Citizen by : David Batstone
Download or read book The Good Citizen written by David Batstone and published by Routledge. This book was released on 2014-02-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Good Citizen, some of the most eminent contemporary thinkers take up the question of the future of American democracy in an age of globalization, growing civic apathy, corporate unaccountability, and purported fragmentation of the American common identity by identity politics.
Book Synopsis Governing Through Crime by : Jonathan Simon
Download or read book Governing Through Crime written by Jonathan Simon and published by Oxford University Press. This book was released on 2007-02-03 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal?In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime.This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.
