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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.
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.
Author: Alexandra Natapoff Publisher: Basic Books ISBN: 0465093809 Category : Law Languages : en Pages : 320
Book Description
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Author: Lawrence M. Friedman Publisher: Cambridge University Press ISBN: 1108588816 Category : Law Languages : en Pages : 155
Book Description
In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.
Author: Prof. Mark Osler Publisher: Abingdon Press ISBN: 1426722893 Category : Religion Languages : en Pages : 210
Book Description
What does the most infamous criminal proceeding in history--the trial of Jesus of Nazareth--have to tell us about capital punishment in the United States? Jesus Christ was a prisoner on death row. If that statement surprises you, consider this fact: of all the roles that Jesus played--preacher, teacher, healer, mentor, friend--none features as prominently in the gospels as this one, a criminal indicted and convicted of a capital offense. Now consider another fact: the arrest, trial, and execution of Jesus bear remarkable similarities to the American criminal justice system, especially in capital cases. From the use of paid informants to the conflicting testimony of witnesses to the denial of clemency, the elements in the story of Jesus' trial mirror the most common components in capital cases today. Finally, consider a question: How might we see capital punishment in this country differently if we realized that the system used to condemn the Son of God to death so closely resembles the system we use in capital cases today? Should the experience of Jesus' trial, conviction, and execution give us pause as we take similar steps to place individuals on death row today? These are the questions posed by this surprising, challenging, and enlightening book
Author: Dan Canon Publisher: Hachette UK ISBN: 1541674685 Category : Law Languages : en Pages : 280
Book Description
A blistering critique of America’s assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider’s perspective, Pleading Out exposes the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.
Author: Rachel Elise Barkow Publisher: Harvard University Press ISBN: 0674919238 Category : Law Languages : en Pages : 305
Book Description
America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.
Author: Tony Messenger Publisher: St. Martin's Press ISBN: 1250274656 Category : Social Science Languages : en Pages : 172
Book Description
In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.
Author: Daniel S. Medwed Publisher: Basic Books ISBN: 1541675908 Category : Law Languages : en Pages : 276
Book Description
A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.
Author: Michael Ponsor Publisher: Open Road Media ISBN: 1480441902 Category : Fiction Languages : en Pages : 434
Book Description
From the author of The One-Eyed Judge: A New York Times–bestselling novel about a federal death penalty trial from the perspective of the presiding judge. When a drive-by shooting in Holyoke, Massachusetts, claims the lives of a drug dealer and a hockey mom volunteering at an inner-city clinic, the police arrest a rival gang member. With no death penalty in Massachusetts, the US attorney shifts the double homicide out of state jurisdiction into federal court so he can seek a death sentence. The Honorable David S. Norcross, a federal judge with only two years on the bench, now presides over the first death penalty case in the state in decades. He must referee the clash between an ambitious female prosecutor and a brilliant veteran defense attorney in a high-stress environment of community outrage, media pressure, vengeful gang members, and a romantic entanglement that threatens to capsize his trial—not to mention the most dangerous force of all: the unexpected. Written by judge Michael Ponsor, who presided over Massachusetts’s first capital case in over fifty years, The Hanging Judge explores the controversial issue of capital punishment in a dramatic and thought-provoking way that will keep you on the edge of your seat. It is “a crackling court procedural” (Anita Shreve) and “gripping legal thriller” (Booklist) perfect for fans of Scott Turow.
Author: Diana Paton Publisher: Duke University Press ISBN: 9780822333982 Category : History Languages : en Pages : 316
Book Description
DIVThe author analyzes punishment as a way to explore the dynamic of state formation in a colonial society making the transition from slavery to freedom./div
Author: Carissa Byrne Hessick
Author: Carissa Byrne Hessick
Author: Alexandra Natapoff
Author: Lawrence M. Friedman
Author: Prof. Mark Osler
Author: Dan Canon
Author: Rachel Elise Barkow
Author: Tony Messenger
Author: Daniel S. Medwed
Author: Michael Ponsor
Author: Diana Paton