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Trial and Error in Criminal Justice Reform

Trial and Error in Criminal Justice Reform PDF Author: Greg Berman
Publisher: Rowman & Littlefield
ISBN: 1442268484
Category : Law
Languages : en
Pages : 167

Book Description
In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Trial and Error in Criminal Justice Reform

Trial and Error in Criminal Justice Reform PDF Author: Greg Berman
Publisher: Rowman & Littlefield
ISBN: 1442268484
Category : Law
Languages : en
Pages : 167

Book Description
In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Wrongful Conviction and Criminal Justice Reform

Wrongful Conviction and Criminal Justice Reform PDF Author: Marvin Zalman
Publisher: Routledge
ISBN: 1135077444
Category : Social Science
Languages : en
Pages : 334

Book Description
Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.

Reducing Crime, Reducing Incarceration

Reducing Crime, Reducing Incarceration PDF Author: Greg Berman
Publisher: Quid Pro Books
ISBN: 1610272129
Category : Social Science
Languages : en
Pages : 213

Book Description
A new collection of compelling and challenging essays from one of the nation's leading voices on criminal justice reform, Reducing Crime, Reducing Incarceration makes the argument that sometimes small changes on the ground can add up to big improvements in the criminal justice system. How do you launch a new criminal justice reform? How do you measure impact? Is it possible to spread new practices to resistant audiences? And what’s the point of small-bore experimentation anyway? Greg Berman answers these questions by telling the story of successful experiments like the Red Hook Community Justice Center in Brooklyn and by detailing the challenges of implementing new ideas within the criminal justice system. As Laurie Robinson, a professor at George Mason University, writes in her introduction: “Berman offers vivid testimony that—even in the face of opposition—it is, in fact, possible to push our criminal justice system closer to realizing its highest ideals. And that, indeed, is good news.” Other experts share their opinions: “The central insight of Reducing Crime, Reducing Incarceration is that small tweaks in practice within the criminal justice system can sometimes lead to big change on the streets. By telling the story of the Red Hook Community Justice Center and similar innovations, Greg Berman offers a hopeful message: criminal justice reform at the local level can make a difference.” — James B. Jacobs Warren E. Burger Professor of Law, New York University School of Law “Innovation is hard work.... Berman offers a look at how change happens at the local level—and how, sometimes, it doesn't. These well-written essays offer a compelling vision of both the challenges and opportunities of criminal justice reform.” — Nicholas Turner President, Vera Institute of Justice “The topic of criminal justice reform has challenged and bedeviled social thinkers for centuries. In this book, Berman offers a clear-eyed and inventive approach to the problem. Recognizing that change is best achieved at the local level with small, incremental steps using demonstration projects, Berman provides concrete examples of both successes and failures stemming from the work of the Center for Court Innovation over the last two decades. For anyone interested in the future of criminal justice, this book should be on the top of the 'must read' list.” — John H. Laub Distinguished University Professor, Department of Criminology and Criminal Justice, University of Maryland, College Park “Here you will find Berman's compelling case for community justice, along with classic readings on problem-solving courts. Berman writes like all the rest of us wish we did....” — Candace McCoy The Graduate Center and John Jay College< City University of New York Presented in print and digital formats in the Contemporary Society Series by Quid Pro Books, the ebook edition uses proper formatting, linked notes, active URLS in notes, and active Contents.

Court Reform on Trial

Court Reform on Trial PDF Author: Malcolm M. Feeley
Publisher: Quid Pro Books
ISBN: 161027203X
Category : Law
Languages : en
Pages : 224

Book Description
COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.

The Law's Flaws

The Law's Flaws PDF Author: Larry Laudan
Publisher:
ISBN: 9781848901995
Category : Law
Languages : en
Pages : 228

Book Description
This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.

Miscarriages of Justice

Miscarriages of Justice PDF Author: Clive Walker
Publisher: OUP Oxford
ISBN: 1854316877
Category : Law
Languages : en
Pages : 438

Book Description
The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

Errors of Justice

Errors of Justice PDF Author: Brian Forst
Publisher: Cambridge University Press
ISBN: 9780521528825
Category : Law
Languages : en
Pages : 276

Book Description
In this book, Brian Forst takes a fresh new perspective on the assessment of criminal justice policy, examining the prospect of assessing policies based on their impact on errors of justice: the error of failing to bring offenders to justice, on the one hand, and the error of imposing costs on innocent people and excessive costs on offenders, on the other. Noting that we have sophisticated systems for managing errors in statistical inference and quality control processes and no parallel system for managing errors of a more socially costly variety - on matters of guilt and innocence - the author lays the foundation for a common sense approach to the management of errors in the criminal justice system, from policing and prosecution to sentencing and corrections. He examines the sources of error in each sector, the harms they impose on society, and frameworks for analyzing and reducing them.

Truth, Error, and Criminal Law

Truth, Error, and Criminal Law PDF Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category : Philosophy
Languages : en
Pages : 235

Book Description
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Research on Sentencing

Research on Sentencing PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309033470
Category : Law
Languages : en
Pages : 332

Book Description


Punishment Without Trial

Punishment Without Trial PDF Author: Carissa Byrne Hessick
Publisher: Abrams
ISBN: 164700103X
Category : Law
Languages : en
Pages : 248

Book Description
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.