Judicial Policy Making and the Modern State

How the Courts Reformed America's Prisons

Author: Malcolm M. Feeley,Edward L. Rubin

Publisher: Cambridge University Press

ISBN: 9780521777346

Category: Law

Page: 490

View: 1568

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Investigates the role of federal judges in prison reform, and policy making in general.

The Process is the Punishment

Handling Cases in a Lower Criminal Court

Author: Malcolm M. Feeley

Publisher: Russell Sage Foundation

ISBN: 1610442016

Category: Social Science

Page: 364

View: 9584

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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

Judicial Process: Law, Courts, and Politics in the United States

Author: David Neubauer,Stephen Meinhold

Publisher: Cengage Learning

ISBN: 1111357560

Category: Political Science

Page: 544

View: 7056

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Working within the framework of law and politics, JUDICIAL PROCESS combines detailed information about the major structures and processes of the American judiciary with an insider’s understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, the Sixth Edition explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule’s underlying assumptions, history, and goals, providing a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Crime Drop in America

Author: Alfred Blumstein,Joel Wallman

Publisher: Cambridge University Press

ISBN: 9780521681483

Category: Social Science

Page: 360

View: 4346

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Top criminologists explain the reasons for the drop in violent crime in America.

The Virtual Prison

Community Custody and the Evolution of Imprisonment

Author: Julian V. Roberts

Publisher: Cambridge University Press

ISBN: 9780521536448

Category: Political Science

Page: 219

View: 3576

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Analyses the effectiveness and implications of community custody for offenders and society as a whole.

Discipline & Punish

The Birth of the Prison

Author: Michel Foucault

Publisher: Vintage

ISBN: 0307819299

Category: Social Science

Page: 352

View: 6279

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In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.

Incarceration Nation

Author: Peter K. Enns

Publisher: Cambridge University Press

ISBN: 1107132886

Category: Political Science

Page: 184

View: 5731

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Incarceration Nation demonstrates that the US public played a critical role in the rise of mass incarceration in this country.

Imprisonment worldwide

The current situation and an alternative future

Author: Coyle, Andrew,Fair, Helen

Publisher: Policy Press

ISBN: 144733177X

Category: Social Science

Page: 180

View: 9896

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How many people are imprisoned across the globe? What factors can help explain variations in the use of imprisonment in different countries? What ethical considerations should apply to the way imprisonment is used? Providing a comprehensive account of prison populations worldwide, this new work links prison statistics from the last 15 years with considerations of how prisons and prison populations are managed. With commentary from its well-known, respected authors on what is meant by an ethical approach to the use of imprisonment, and how this can be sustained in ever more challenging social, economic and political environments, this book is a major contribution to the knowledge of those currently debating prisons and the use of imprisonment, whether from academic, policy, practitioner, activist or lay perspectives. Its accessible, informative infographics also make it an engaging read and a valuable teaching resource for undergraduate and postgraduate courses in criminology, law, political science and public policy.

Crime and Public Policy

Author: James Q. Wilson,Joan Petersilia

Publisher: Oxford University Press

ISBN: 0199315043

Category: Law

Page: 656

View: 920

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Crime in the United States has fluctuated considerably over the past thirty years, as have the policy approaches to deal with it. During this time criminologists and other scholars have helped to shed light on the role of incarceration, prevention, drugs, guns, policing, and numerous other aspects to crime control. Yet the latest research is rarely heard in public discussions and is often missing from the desks of policymakers. This book accessibly summarizes the latest scientific information on the causes of crime and evidence about what does and does not work to control it. Thoroughly revised and updated, this new version of Crime and Public Policy will include twenty chapters and five new substantial entries. As with previous editions, each essay reviews the existing literature, discusses the methodological rigor of the studies, identifies what policies and programs the studies suggest, and then points to policies now implemented that fail to reflect the evidence. The chapters cover the principle institutions of the criminal justice system (juvenile justice, police, prisons, probation and parole, sentencing), how broader aspects of social life inhibit or encourage crime (biology, schools, families, communities), and topics currently generating a great deal of attention (criminal activities of gangs, sex offenders, prisoner reentry, changing crime rates). With contributions from trusted, leading scholars, Crime and Public Policy offers the most comprehensive and balanced guide to how the latest and best social science research informs the understanding of crime and its control for policymakers, community leaders, and students of crime and criminal justice.

The Punisher's Brain

The Evolution of Judge and Jury

Author: Morris B. Hoffman

Publisher: Cambridge University Press

ISBN: 1107038065

Category: Law

Page: 368

View: 8237

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"Evolution built us to punish cheaters. Without that punishment instinct, we would never have been able to live in small groups, and would never have realized all the significant benefits that small-group living conferred, including mutual defense, cooperative hunting, property, divisions of labor and economies of scale. In fact, to a large extent our notions of right and wrong, of empathy and compassion, of fairness and justice, all come from the tensions of group living, and thus indirectly owe their very existence to punishment. It may sound strange that one key to civilization is our willingness to punish each other, but every parent knows it's true. Every parent also feels the irresistible pull not to punish too much, and in fact maybe not to punish at all - to forgive - and this, too, is a remnant of evolution. Our punishment instinct is not so much a sword ready to fall as it is a finely tuned balance, sometimes susceptible to the gentlest of breezes"--

From the War on Poverty to the War on Crime

Author: Elizabeth Hinton

Publisher: Harvard University Press

ISBN: 0674737237

Category: History

Page: 449

View: 4208

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How did the land of the free become the home of the world’s largest prison system? Elizabeth Hinton traces the rise of mass incarceration to an ironic source: not the War on Drugs of the Reagan administration but the War on Crime that began during Johnson’s Great Society at the height of the civil rights era.

American Criminal Justice Policy

An Evaluation Approach to Increasing Accountability and Effectiveness

Author: Daniel P. Mears

Publisher: Cambridge University Press

ISBN: 0521762464

Category: Social Science

Page: 321

View: 797

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Examines the most prominent criminal justice policies, finding that they fall short of achieving the effectiveness that policymakers have advocated.

Monitoring Penal Policy in Europe

Author: Gaëtan Cliquennois,Hugues de Suremain

Publisher: Routledge

ISBN: 1134887132

Category: Social Science

Page: 202

View: 1492

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The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.

Mass Incarceration on Trial

A Remarkable Court Decision and the Future of Prisons in America

Author: Jonathan Simon

Publisher: New Press, The

ISBN: 1595587926

Category: Law

Page: 224

View: 806

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For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading—relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions—culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court—that has opened an unexpected escape route from this trap of “tough on crime” politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence—moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional. Since the publication of Michelle Alexander’s The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration.

Crime, Punishment and Justice

Selected Articles from a Scholarly Career

Author: Ulla Bondeson

Publisher: Djoef Pub

ISBN: N.A

Category: Law

Page: 242

View: 7461

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This work contains a dozen articles written by Professor Ulla V. Bondeson. These articles have been selected to portray the many different research interests of Professor Bondeson's scholarly career in crime and justice. They reflect her long-standing involvement in evaluation of correctional treatment, variations in sentencing, victim costs and consequences, the interplay between criminological research and criminal policy, economic criminality, global trends in corrections, perceptions of criminal justice in Scandinavia, philosophical and public conceptions of social and legal justice, levels of punitiveness in Scandinavia, negative individual prevention, and the paradox of increasing rates of imprisonment. In addition, the book contains a curriculum vitae with a complete list of Professor Bondeson's publications.

Handbook on Prisons

Author: Yvonne Jewkes

Publisher: Routledge

ISBN: N.A

Category: Social Science

Page: 778

View: 5468

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This handbook provides a broad and wide-ranging account of prisons and imprisonment and represents one of the most ambitious books on the subject yet published. Through research conducted in the UK, the book conveys the reality of imprisonment, and reflects the main issues and debates surrounding prisons and prisoners, while providing new ways of thinking about familiar penal problems and enhancing our theoretical understanding of imprisonment. The book reveals the range and depth of prison scholarship, and includes research from an international comparative perspective. It includes chapters written not only by those who have established and developed prison research over the last half-century, but also by prison governors and ex-governors, prison inspectors, and others who have worked with prisoners in a wide range of professional capacities. Handbook on Prisons is a key text for students taking courses in prisons, criminal justice, penology, criminology, and related subjects, and is

America's Prisons

Opposing Viewpoints

Author: Roman Espejo

Publisher: Greenhaven Press, Incorporated

ISBN: 9780737707885

Category: Juvenile Nonfiction

Page: 202

View: 8247

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Explores various viewpoints on the state of American prisons, with sections on the problems of overcrowding, the issues of rehabilitation, and the debate over alternative punishments to imprisonment.

The least dangerous branch?

consequences of judicial activism

Author: Stephen Powers,Stanley Rothman,Smith College. Center for the Study of Social and Political Change

Publisher: Praeger Publishers

ISBN: 9780275975364

Category: Law

Page: 221

View: 3919

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Is the American judiciary still the "least dangerous branch," as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy. BLBusing BLAffirmative action BLPrison reform BLMental health reform BLProcedural reforms in law enforcement BLElectoral redistricting In each of these areas, the authors review significant cases that bear on the particular policy, exploring the social science evidence to assess the impact of the courts on policies--and the consequences of that intervention. Powers and Rothman conclude that judicial intervention in public policy has often brought about undesirable consequences, sometimes even for the intended beneficiaries of government intervention.

Criminologists on Terrorism and Homeland Security

Author: Brian Forst,Jack R. Greene,James P. Lynch

Publisher: Cambridge University Press

ISBN: 1139497065

Category: Social Science

Page: N.A

View: 1858

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This volume presents 19 original essays addressing what is widely regarded as the most serious problem confronting America today and for years to come – terrorism – from the unique perspective of criminology. The chapters collected here address such issues as the prevention of terrorism, the applicability of community policing and routine activities models of crime to the problem of terrorism, how to balance liberty and security, and how to think about and manage the fear of terrorism, as well as the coordination of federal and local efforts to prevent and counter terrorism. Criminologists on Terrorism and Homeland Security will be of interest to anyone concerned about violence prevention in general and terrorism in particular, policing, prosecution, adjudication, sentencing and restorative justice.