front cover of Bad Acts and Guilty Minds
Bad Acts and Guilty Minds
Conundrums of the Criminal Law
Leo Katz
University of Chicago Press, 1987
With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law.

"Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review
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front cover of Crime, Punishment, and Mental Illness
Crime, Punishment, and Mental Illness
Law and the Behavioral Sciences in Conflict
Erickson, Patricia
Rutgers University Press, 2008
Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures.

In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.
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Drinkers, Drivers, and Bartenders
Balancing Private Choices and Public Accountability
Frank A. Sloan, Emily M. Stout, Kathryn Whetten-Goldstein, and Lan Liang
University of Chicago Press, 2000
According to the United States Public Health Service, over 100,000 deaths a year are attributable to alcohol, including 20,000 highway fatalities. In response, legislatures have enacted various forms of regulation intended both to reduce alcohol consumption and to curb its harmful effects. This groundbreaking study focuses on one such form of regulation, the liability imposed on alcohol servers and social hosts by tort law. Basing their analysis on important new data from their extensive research and in-depth interviews with actors on all sides of the issue, the authors conclude that, despite their relative unpopularity, tort laws are very effective in reducing accidents—even more than criminal sanctions.

Extraordinary in scope and exacting in detail, Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability links alcohol problems, deterrence, and serving practices in a way no other work has been able to do and is certain to become a crucial reference point for researchers and policymakers alike.
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The Limits of Blame
Rethinking Punishment and Responsibility
Erin I. Kelly
Harvard University Press, 2018

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment.

Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

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More Than Victims
Battered Women, the Syndrome Society, and the Law
Donald Alexander Downs
University of Chicago Press, 1996
In More Than Victims, Donald Downs offers a sympathetic and powerful analysis of the problems attending the use of battered-woman syndrome as a legal defense, ultimately revealing how the syndrome's logic actually harms those it is trying to protect. A persuasive account of how constitutional freedom and individual justice can be threatened by current legal standards, this thorough yet accessible work presents a dramatic rethinking of the criminal justice system.

"More Than Victims is a powerful step in the right direction. Women as well as men need to be protected from violence, and women, in particular, require better understanding of their sometimes oppressive situations. But they also need to be able to participate fully in the discourse of politics and citizenship. Downs offers a solution that helps to make both possible."—Teresa Godwin Phelps, Review of Politics

"Downs has written an important book on a subject that deserves more of our attention."— Susan Mezey, Law and Politics Book Review

"Comprehensive and compelling. [Downs] demonstrates a masterful grasp of the complex legal and philosophical issues implicated in domestic violence cases."—Annette DeMichele, New York Law Journal
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front cover of Negotiating Responsibility in the Criminal Justice System
Negotiating Responsibility in the Criminal Justice System
Edited by Jack Kamerman. Foreword by Gilbert Geis
Southern Illinois University Press, 1998

With this collection of essays, Jack Kamerman presents the first sustained examination of one of the underpinnings of the operation of the criminal justice system: the issue of responsibility for actions and, as a consequence, the issue of accountability.

 

Unique in the breadth of its approach, this volume examines the issue of responsibility from the perspectives of criminal justice professionals, sociologists, philosophers, and public administrators from four countries. Attacking the problem on various levels, the essayists look first at the assumptions made by criminal justice institutions regarding offender responsibility, then turn to the views of offenders on the causes of their own actions and to the consequences of offenders either to accept or deny responsibility.

 

These scholars also examine the social and psychological circumstances under which people in general accept or deny responsibility for what they do, thus providing the basis for understanding the process of social distance as a major precondition for people to commit atrocities without seeing themselves as responsible. Understanding the circumstances under which people either distance themselves from or embrace responsibility enables criminologists to make grounded recommendations for reordering responsibility in the criminal justice system and, more generally, for restoring a sense of responsibility to organizations, occupations, and society.

 

Aside from Kamerman, the contributors are William C. Collins, Charles Fethe, Gilbert Geis, Robert J. Kelly, Alison Liebling, Jess Maghan, Mark Harrison Moore, Paul Neurath, John Rakis, William Rentzmann, and José E. Sánchez.

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front cover of Patty's Got a Gun
Patty's Got a Gun
Patricia Hearst in 1970s America
William Graebner
University of Chicago Press, 2008
It was a story so bizarre it defied belief: in April 1974, twenty-year-old newspaper heiress Patricia Hearst robbed a San Francisco bank in the company of members of the Symbionese Liberation Army—who had kidnapped her a mere nine weeks earlier. But the robbery—and the spectacular 1976 trial that ended with Hearst’s criminal conviction—seemed oddly appropriate to the troubled mood of the nation, an instant exemplar of a turbulent era.
 
With Patty’s Got a Gun, the first substantial reconsideration of Patty Hearst’s story in more than twenty-five years, William Graebner vividly re-creates the atmosphere of uncertainty and frustration of mid-1970s America. Drawing on copious media accounts of the robbery and trial—as well as cultural artifacts from glam rock to Invasion of the Body Snatchers—Graebner paints a compelling portrait of a nation confused and frightened by the upheavals of 1960s liberalism and beginning to tip over into what would become Reagan-era conservatism, with its invocations of individual responsibility and the heroic. Trapped in the middle of that shift, the affectless, zombielike, “brainwashed” Patty Hearst was a ready-made symbol of all that seemed to have gone wrong with the sixties—the inevitable result, some said, of rampant permissiveness, feckless elitism, the loss of moral clarity, and feminism run amok.
 
By offering a fresh look at Patty Hearst and her trial—for the first time free from the agendas of the day, yet set fully in their cultural context—Patty’s Got a Gun delivers a nuanced portrait of both an unforgettable moment and an entire era, one whose repercussions continue to be felt today.
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front cover of Youth on Trial
Youth on Trial
A Developmental Perspective on Juvenile Justice
Edited by Thomas Grisso and Robert G. Schwartz
University of Chicago Press, 2003
In Youth on Trial, a wide range of leaders in developmental psychology and law combine their expertise to investigate the limitations of our youth policy—including the problematic trend of trying alleged juvenile criminals as adults.
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