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The Presumption Of Guilt
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Book Synopsis The Presumption of Guilt by : Charles Ogletree
Download or read book The Presumption of Guilt written by Charles Ogletree and published by Macmillan + ORM. This book was released on 2010-06-20 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.
Download or read book Presumed Guilty written by Martin D. Yant and published by Prometheus Books. This book was released on 2009-12-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American judicial system is far too often a source of injustice for the innocent rather than justice for the guilty. Despite all the alleged protections built into the trial process, a person facing criminal charges is virtually presumed guilty until proven innocent - not the reverse. Presumed Guilty is about thousands of innocent Americans who each year are convicted of serious crimes they did not commit. Many are convicted of crimes that did not even occur. Journalist Martin Yant vividly and dramatically explains the process by which American justice is miscarried, providing carefully researched details about more than 100 wrongful convictions. Yant''s writing reveals both passion and frustration as he explains how most mistaken convictions could easily be avoided. "No criminal justice system is infallable," he writes, "but most errors aren''t the result of carefully considered decisions that happen to be wrong." He cites examples of outrageous carelessness, investigations that conform facts to predetermined theories, the use of long-discredited investigative techniques, rampant prejudice, and the desire of police and prosecutors to "win" convictions at any price - even if evidence is fabricated to do so. Yant goes on to propose achievable solutions that would not only prevent years of imprisonment for the wrongfully convicted but also save the lives of innocent individuals who face the increasingly used death penalty. Presumed Guilty reveals not only how often the American justice system goes awry, but how easily - and how quickly - it is possible to become its victim.
Book Synopsis Presumption of Innocence in Peril by : Anthony Gray
Download or read book Presumption of Innocence in Peril written by Anthony Gray and published by Lexington Books. This book was released on 2017-11-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Book Synopsis Taming the Presumption of Innocence by : Richard L. Lippke
Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Book Synopsis Presumption of Guilt by : Terri Blackstock
Download or read book Presumption of Guilt written by Terri Blackstock and published by Zondervan. This book was released on 2010-02-23 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just one person can save the children from a terrifying future. But to do so, she must master her past. Beth Wright, a newspaper reporter, is hot on the trail of a story that could expose something very ugly at the St. Clair Children’s Home. Someone else is hot on Beth Wright’s trail—someone who wants to make sure her story never sees the press. Between them stands Nick Hutchins, a social worker who finds his own gut hunches about the children’s home increasingly confirmed, first by Beth’s investigation . . . then by a high-speed attempt on her life . . . and finally, by an intruder’s startling confession. As the drama unfolds, a horrifying picture emerges of helpless children under the sway of a modern-day Fagin. Just one person holds the key that can save them: Beth herself. But using that key could cost Beth her reputation . . . if it doesn’t first cost her life. Presumption of Guilt is a gripping portrayal of the depths of human evil, the soul-twisting influence of lies . . . and of the liberating power of truth and the far-reaching freedom of God’s mercy and grace. Presumption of Guilt is book four in the Sun Coast Chronicles by award-winning author Terri Blackstock. From absorbing legal drama to lightning-paced action, the Sun Coast Chronicles offers suspense at its finest, tempered with remarkable realism and penetrating insights into the human heart.
Book Synopsis Presumption of Guilt by : Martin Schönteich
Download or read book Presumption of Guilt written by Martin Schönteich and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
Download or read book Presumed Guilty written by Todd H. Green and published by Fortress Press. This book was released on 2018-09-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: All of us should condemn terrorism--whether the perpetrators are Muslim extremists, white supremacists, Marxist revolutionaries, or our own government. But it's time for us to stop asking Muslims to condemn terrorism under the assumption they are guilty of harboring terrorist sympathies or promoting violence until they prove otherwise. Renowned expert on Islamophobia Todd Green shows us how this line of questioning is riddled with false assumptions that say much more about "us" than "them."Ê Green offers three compelling reasons why we should stop asking Muslims to condemn terrorism: 1) The question wrongly assumes Islam is the driving force behind terrorism 2) The question ignores the many ways Muslims already condemn terrorism. 3) The question diverts attention from unjust Western violence. This book is an invitation for self-examination when it comes to the questions we ask of Muslims and ourselves about violence. It will open the door to asking better questions of our Muslim neighbors, questions based not on the presumption of guilt but on the promise of friendship.
Book Synopsis The Bail Book by : Shima Baradaran Baughman
Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mental Disability, Violence, and Future Dangerousness by : John Weston Parry
Download or read book Mental Disability, Violence, and Future Dangerousness written by John Weston Parry and published by Rowman & Littlefield. This book was released on 2013-09-26 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: When horrific acts of violence take place, events such as massacres in Boston, Newtown, CT, and Aurora, CO, people want answers. Who would commit such a thoughtless act of violence? What in their backgrounds could make them so inhumane, cruel, and evil? Often, people assume immediately that the perpetrator must have a mental disorder, and in some cases that does prove to be the case. But the assumption that most people with mental disorders are violent, prone to act out, and a threat to others and themselves, is clearly erroneous. Mental Disability, Violence, and Future Dangerousness thoroughly documents and explains how and why persons with mental disabilities who are perceived to be a future danger to others, the community, or themselves have become the most stigmatized, abused, and mistreated group in America, and what should be done to correct the resulting injustices. Each year state and federal governments incarcerate, deny treatment to, and otherwise deprive hundreds of thousands of Americans with mental disabilities of their fundamental rights, liberties, and freedoms— including on occasion their lives—based on unreliable and misleading predictions that they are likely to be dangerous in the future. Yet, due to an exaggerated fear of violence in our society, almost no one seems concerned about these injustices, which exclusively affect Americans who have been impaired by mental disorders and the lack of treatment, especially after they have been abused as children or injured in combat. Instead, we appear to be oblivious to these injustices or comfortable in allowing them to become worse. Here, John Weston Parry carefully delineates the mishandling of persons with mental disabilities by the criminal and civil justice systems, and illustrates the ways in which we can identify and remedy those injustices.
Book Synopsis Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights by : Erwin Chemerinsky
Download or read book Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights written by Erwin Chemerinsky and published by Liveright Publishing. This book was released on 2021-08-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.
Book Synopsis Guilt by Accusation by : Alan Dershowitz
Download or read book Guilt by Accusation written by Alan Dershowitz and published by Simon and Schuster. This book was released on 2019-11-19 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.
Book Synopsis Policing the Black Man by : Angela J. Davis
Download or read book Policing the Black Man written by Angela J. Davis and published by Vintage. This book was released on 2017-07-11 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, readable analysis of the key issues of the Black Lives Matter movement, this thought-provoking and compelling anthology features essays by some of the nation’s most influential and respected criminal justice experts and legal scholars. “Somewhere among the anger, mourning and malice that Policing the Black Man documents lies the pursuit of justice. This powerful book demands our fierce attention.” —Toni Morrison Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process, from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The contributors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court’s failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.
Download or read book Presumed Guilty written by Matt Dalton and published by Simon and Schuster. This book was released on 2005-12-23 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one knows the story behind the sensational headlines of the Scott Peterson murder trial better than defense attorney Matt Dalton. For six straight months after Peterson's arrest, Dalton was the defense's only full-time investigative attorney on the case. During that time, he lived in Modesto and investigated every element of the case, interviewing scores of witnesses, reviewing more than 35,000 pages of police documents, and meeting almost daily with Scott Peterson in jail. What he has uncovered will astound even the most informed observers of the Laci Peterson murder case and challenge the most deeply held beliefs about what really happened to Laci Peterson on Christmas Eve, 2002. This is the first book to go inside the Peterson defense team, and the only book to detail all the evidence that the jury did not hear -- evidence that might have led to Scott Peterson's acquittal, and that will surely play a crucial part in his pending appeals. Among the revelations in Presumed Guilty: Reports from numerous witnesses who saw Laci Peterson alive and well the morning of December 24, after the police claim Scott Peterson had already killed her; none of them testified at trial The story of another woman, eight months pregnant, who was harassed by two men the morning of December 24 only five blocks from the Peterson home The burglary that reportedly occurred directly across the street from the Peterson home on the morning of December 24, and the confessed burglars' questionable claims that the burglary happened days later Previously unreported details of the autopsy reports on Laci Peterson and her son, which cast strong doubts on key elements of the prosecution's case The disappearances of six pregnant women, in addition to Laci, reported missing and presumed dead within eighty miles of Modesto between 1999 and 2002 Compelling, provocative, disturbing, Presumed Guilty is the fascinating story of one lawyer's relentless efforts to find the truth behind one of the most complex and notorious murder cases in American history.
Book Synopsis Presumption of Guilt by : Archer Mayor
Download or read book Presumption of Guilt written by Archer Mayor and published by Macmillan. This book was released on 2016-09-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A forty-year-old skeleton is found encased in a concrete slab at a recently decommissioned nuclear energy site. It becomes a case for the Vermont Bureau of Investigation (VBI) and its leader, Joe Gunther, since they have the resources and the ability to investigate an old, very cold, missing persons case that has now been reclassified as murder. The victim was Hank Mitchell, and Gunther must chase down old rumors and speculations—who benefited from his death and the disappearance of his body? And was his death somehow tied to New York City mafia money being laundered through the construction project? But what seems the coldest of cold cases roars back to life when one of the central figures in this mystery is shot to death, right after speaking with Gunther. And when a young police officer—the son of VBI investigator Lester Spinney—is kidnapped, is that meant to be a warning to the VBI team to drop the case? After all these many years, the truth behind the murder still has to the power to kill, and it’s up to Gunther and his team to capture the living and finally put the dead to rest.
Book Synopsis Presumption of Innocence in EU Anti-Cartel Enforcement by : Aistė Mickonytė
Download or read book Presumption of Innocence in EU Anti-Cartel Enforcement written by Aistė Mickonytė and published by BRILL. This book was released on 2018-11-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this monograph, Aistė Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.
Book Synopsis On the Courthouse Lawn by : Sherrilyn Ifill
Download or read book On the Courthouse Lawn written by Sherrilyn Ifill and published by Beacon Press. This book was released on 2007-02-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly 5,000 black Americans were lynched between 1890 and 1960. Over forty years later, Sherrilyn Ifill's On the Courthouse Lawn examines the numerous ways that this racial trauma still resounds across the United States. While the lynchings and their immediate aftermath were devastating, the little-known contemporary consequences, such as the marginalization of political and economic development for black Americans, are equally pernicious. On the Courthouse Lawn investigates how the lynchings implicated average white citizens, some of whom actively participated in the violence while many others witnessed the lynchings but did nothing to stop them. Ifill observes that this history of complicity has become embedded in the social and cultural fabric of local communities, who either supported, condoned, or ignored the violence. She traces the lingering effects of two lynchings in Maryland to illustrate how ubiquitous this history is and issues a clarion call for American communities with histories of racial violence to be proactive in facing this legacy today. Inspired by South Africa's Truth and Reconciliation Commission, as well as by techniques of restorative justice, Ifill provides concrete ideas to help communities heal, including placing gravestones on the unmarked burial sites of lynching victims, issuing public apologies, establishing mandatory school programs on the local history of lynching, financially compensating those whose family homes or businesses were destroyed in the aftermath of lynching, and creating commemorative public spaces. Because the contemporary effects of racial violence are experienced most intensely in local communities, Ifill argues that reconciliation and reparation efforts must also be locally based in order to bring both black and white Americans together in an efficacious dialogue. A landmark book, On the Courthouse Lawn is a much-needed and urgent road map for communities finally confronting lynching's long shadow by embracing pragmatic reconciliation and reparation efforts.
Book Synopsis Revisiting Procedural Human Rights by : Alan Uzelac
Download or read book Revisiting Procedural Human Rights written by Alan Uzelac and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of human rights as fundamental rights of every person is certainly one of the most powerful ideas of our modern age. Since the American and French revolutions, human rights have been the strongest link between law and democracy. They have played a crucial role when defining notions of constitutionalism and the rule of law. While some human rights have been made famous in national mottos such as the French libertU+fffde, U+fffdegalitU+fffde et fraternitU+fffde, other human rights have not attracted such attention. Generally, substantive human rights have been discussed and appreciated more than procedural human rights. Yet, without an effective and well-balanced set of procedural rights, the substantive rights and freedoms of almost any person or business would not enjoy effective protection before the courts of law. Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view. While some previous studies focused on Northern Europe, many of the authors in this book come from Southern and Eastern Europe, areas where a common understanding of procedural human rights may be an even more pressing necessity.
