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75 books about Criminal justice, Administration of
Addressing Emerging Trends to Support the Future of Criminal Justice
Findings of the Criminal Justice Technology Forecasting Group
John S. Hollywood
RAND Corporation, 2018
The Criminal Justice Technology Forecasting Group (CJTFG) deliberated on the effects that major technology and social trends could have on criminal justice in the next two to five years and identified potential responses. This report captures the results of the group’s meetings and initiatives, presents the emerging trends and highlights of the group’s discussion, and presents the results of analyses to assess connections between the trends.
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All Our Trials
Prisons, Policing, and the Feminist Fight to End Violence
Emily L. Thuma
University of Illinois Press, 2019
During the 1970s, grassroots women activists in and outside of prisons forged a radical politics against gender violence and incarceration. Emily L. Thuma traces the making of this anticarceral feminism at the intersections of struggles for racial and economic justice, prisoners’ and psychiatric patients’ rights, and gender and sexual liberation.
All Our Trials explores the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations. This activism confronted a "tough on crime" political agenda and clashed with the mainstream women’s movement’s strategy of resorting to the criminal legal system as a solution to sexual and domestic violence. Drawing on extensive archival research and first-person narratives, Thuma weaves together the stories of mass defense campaigns, prisoner uprisings, broad-based local coalitions, national gatherings, and radical print cultures that cut through prison walls. In the process, she illuminates a crucial chapter in an unfinished struggle––one that continues in today’s movements against mass incarceration and in support of transformative justice.
All Our Trials explores the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations. This activism confronted a "tough on crime" political agenda and clashed with the mainstream women’s movement’s strategy of resorting to the criminal legal system as a solution to sexual and domestic violence. Drawing on extensive archival research and first-person narratives, Thuma weaves together the stories of mass defense campaigns, prisoner uprisings, broad-based local coalitions, national gatherings, and radical print cultures that cut through prison walls. In the process, she illuminates a crucial chapter in an unfinished struggle––one that continues in today’s movements against mass incarceration and in support of transformative justice.
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Arresting Citizenship
The Democratic Consequences of American Crime Control
Amy E. Lerman and Vesla M. Weaver
University of Chicago Press, 2014
The numbers are staggering: One-third of America’s adult population has passed through the criminal justice system and now has a criminal record. Many more were never convicted, but are nonetheless subject to surveillance by the state. Never before has the American government maintained so vast a network of institutions dedicated solely to the control and confinement of its citizens.
A provocative assessment of the contemporary carceral state for American democracy, Arresting Citizenship argues that the broad reach of the criminal justice system has fundamentally recast the relation between citizen and state, resulting in a sizable—and growing—group of second-class citizens. From police stops to court cases and incarceration, at each stage of the criminal justice system individuals belonging to this disempowered group come to experience a state-within-a-state that reflects few of the country’s core democratic values. Through scores of interviews, along with analyses of survey data, Amy E. Lerman and Vesla M. Weaver show how this contact with police, courts, and prisons decreases faith in the capacity of American political institutions to respond to citizens’ concerns and diminishes the sense of full and equal citizenship—even for those who have not been found guilty of any crime. The effects of this increasingly frequent contact with the criminal justice system are wide-ranging—and pernicious—and Lerman and Weaver go on to offer concrete proposals for reforms to reincorporate this large group of citizens as active participants in American civic and political life.
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The Art of Occupation
Crime and Governance in American-Controlled Germany, 1944–1949
Thomas J. Kehoe
Ohio University Press, 2001
The literature describing social conditions during the post–World War II Allied occupation of Germany has been divided between seemingly irreconcilable assertions of prolonged criminal chaos and narratives of strict martial rule that precluded crime. In The Art of Occupation, Thomas J. Kehoe takes a different view on this history, addressing this divergence through an extensive, interdisciplinary analysis of the interaction between military government and social order.
Focusing on the American Zone and using previously unexamined American and German military reports, court records, and case files, Kehoe assesses crime rates and the psychology surrounding criminality. He thereby offers the first comprehensive exploration of criminality, policing, and both German and American fears around the realities of conquest and potential resistance, social and societal integrity, national futures, and a looming threat from communism in an emergent Cold War. The Art of Occupation is the fullest study of crime and governance during the five years from the first Allied incursions into Germany from the West in September 1944 through the end of the military occupation in 1949. It is an important contribution to American and German social, military, and police histories, as well as historical criminology.
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Bad Boy from Rosebud
The Murderous Life of Kenneth Allen McDuff
Gary M. Lavergne
University of North Texas Press, 1999
Big Prisons, Big Dreams
Crime and the Failure of America's Penal System
Lynch, Michael
Rutgers University Press, 2007
The American prison system has grown tenfold since the 1970s, but crime rates in the United States have not decreased. This doesn't surprise Michael J. Lynch, a critical criminologist, who argues that our oversized prison system is a product of our consumer culture, the public's inaccurate beliefs about controlling crime, and the government's criminalizing of the poor.
While deterrence and incapacitation theories suggest that imprisoning more criminals and punishing them leads to a reduction in crime, case studies, such as one focusing on the New York City jail system between 1993 and 2003, show that a reduction in crime is unrelated to the size of jail populations. Although we are locking away more people, Lynch explains that we are not targeting the worst offenders. Prison populations are comprised of the poor, and many are incarcerated for relatively minor robberies and violence. America's prison expansion focused on this group to the exclusion of corporate and white collar offenders who create hazardous workplace and environmental conditions that lead to deaths and injuries, and enormous economic crimes. If America truly wants to reduce crime, Lynch urges readers to rethink cultural values that equate bigger with better.
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Building the Prison State
Race and the Politics of Mass Incarceration
Heather Schoenfeld
University of Chicago Press, 2018
The United States incarcerates more people per capita than any other industrialized nation in the world—about 1 in 100 adults, or more than 2 million people—while national spending on prisons has catapulted 400 percent. Given the vast racial disparities in incarceration, the prison system also reinforces race and class divisions. How and why did we become the world’s leading jailer? And what can we, as a society, do about it?
Reframing the story of mass incarceration, Heather Schoenfeld illustrates how the unfinished task of full equality for African Americans led to a series of policy choices that expanded the government’s power to punish, even as they were designed to protect individuals from arbitrary state violence. Examining civil rights protests, prison condition lawsuits, sentencing reforms, the War on Drugs, and the rise of conservative Tea Party politics, Schoenfeld explains why politicians veered from skepticism of prisons to an embrace of incarceration as the appropriate response to crime. To reduce the number of people behind bars, Schoenfeld argues that we must transform the political incentives for imprisonment and develop a new ideological basis for punishment.
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The Case for the Prosecution in the Ciceronian Era
Michael C. Alexander
University of Michigan Press, 2003
Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial.
Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials.
Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed.
The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history.
Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.
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The Collapse of American Criminal Justice
William J. Stuntz
Harvard University Press, 2011
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
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The Corrigible and the Incorrigible
Science, Medicine, and the Convict in Twentieth-Century Germany
Greg Eghigian
University of Michigan Press, 2015
The Corrigible and the Incorrigible explores the surprising history of efforts aimed at rehabilitating convicts in 20th-century Germany, efforts founded not out of an unbridled optimism about the capacity of people to change, but arising from a chronic anxiety about the potential threats posed by others. Since the 1970s, criminal justice systems on both sides of the Atlantic have increasingly emphasized security, surveillance, and atonement, an approach that contrasts with earlier efforts aimed at scientifically understanding, therapeutically correcting, and socially reintegrating convicts. And while a distinction is often drawn between American and European ways of punishment, the contrast reinforces the longstanding impression that modern punishment has played out as a choice between punitive retribution and correctional rehabilitation. Focusing on developments in Nazi, East, and West Germany, The Corrigible and the Incorrigible shows that rehabilitation was considered an extension of, rather than a counterweight to, the hardline emphasis on punishment and security by providing the means to divide those incarcerated into those capable of reform and the irredeemable.
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Crime and Justice, Volume 33
Crime and Punishment in Western Countries, 1980-1999
Edited by Michael Tonry and David P. Farrington
University of Chicago Press Journals, 2006
The eight essays in this volume provide comprehensive, up-to-date summaries of crossnational crime trends in Australia, Canada, England, Wales, the Netherlands, Scotland, Sweden, Switzerland, and the United States. This book is an essential resource for sociologists, psychologists, criminal lawyers, justice scholars, and political scientists who seek an interdisciplinary approach to crime, its causes, and its repercussions. The contributors to this volume are Marcelo F. Aebi, Catrien C. J. H. Bijleveld, Alfred Blumstein, Carlos Carcach, Philip J. Cook, Mark Irving, Darrick Jolliffe, Nataliya Khmilevska, Martin Killias, Philippe Lamon, Patrick A. Langan, Asheley Van Ness, Paul R. Smit, David J. Smith, and Brandon Welsh.
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Crime and Justice, Volume 35
Crime and Justice in the Netherlands
Edited by Michael Tonry and Catrien Bijleveld
University of Chicago Press Journals, 2008
Since 1979, the Crime and Justice series has presented international crime-related research to enrich the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The eleven essays in Volume 35 provide the first English-language survey of the Dutch criminal justice system, which has been the basis for many important international research initiatives, including many in the United States. Topics covered include Dutch tolerance of drugs, prostitution, and euthanasia; organized crime in the Netherlands; sex offenders and sex offending; and juvenile delinquency.
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Crime and Justice, Volume 36
Crime, Punishment, and Politics in Comparative Perspective
Edited by Michael Tonry
University of Chicago Press Journals, 2008
The goal of Crime and Justice, Volume 36 is to advance the understanding of the determinants of penal policies in developed countries. The contributors explore the distinctive national differences in policy in responses to rising crime rates, rapid social change, economic dislocation and increased ethnic diversity. Countries covered include Great Britain, the Netherlands, Belgium, Canada, Japan, France, Norway and the United States.
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Crime and Justice, Volume 40
Crime and Justice in Scandinavia
Edited by Michael Tonry and Tapio Lappi-Seppälä
University of Chicago Press Journals, 2012
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
Volume 40, Crime and Justice in Scandinavia, offers the most comprehensive and authoritative look ever available at criminal justice policies, practices, and research in the Nordic countries. Topics range from the history of violence through juvenile delinquency, juvenile justice, and sentencing to controversial contemporary policies on prostitution, victims, and organized crime. Contributors to this volume include Jon-Gunnar Bernburg, Ville Hinkkanen, Cecilie Høigård, Hanns von Hofer, Charlotta Holmström, Janne Kivivuori, Lars Korsell, Tapio Lappi-Seppälä, Paul Larsson, Martti Lehti, Torkild Hovde Lyngstad, Sven-Axel Månsson, Anita Rönneling, Lise-Lotte Rytterbro, Torbjørn Skardhamar, May-Len Skilbrei, and Henrik Tham.
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Crime and Justice, Volume 42
Crime and Justice in America: 1975-2025
Edited by Michael Tonry
University of Chicago Press Journals, 2012
For thirty-five years, the Crime and Justice series has provided a platform for the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists as it explores the full range of issues concerning crime, its causes, and it remedies.
For the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor and the partisan politics of “law and order” took over. Policymakers’ interest in science declined just as scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—in particular, sentencing, gun violence, drugs, and youth violence—became evidence-free zones. Crime and Justice in America: 1975-2025 tells the complicated relationship between policy and knowledge during this crucial time and charts prospects for the future. The contributors to this volume, the leading scholars in their fields, bring unsurpassed breadth and depth of knowledge to bear in answering these questions. They include Philip J. Cook, Francis T. Cullen, Jeffrey Fagan, David Farrington, Daniel S. Nagin, Peter Reuter, Lawrence W. Sherman, and Franklin E. Zimring.
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Crime and Justice, Volume 46
Reinventing American Criminal Justice
Edited by Michael Tonry
University of Chicago Press Journals, 2017
Justice Futures: Reinventing American Criminal Justice is the forty-sixth volume in the Crime and Justice series. Contributors include Francis Cullen and Daniel Mears on community corrections; Peter Reuter and Jonathan Caulkins on drug abuse policy; Harold Pollack on drug treatment; David Hemenway on guns and violence; Edward Mulvey on mental health and crime; Edward Rhine, Joan Petersilia, and Kevin Reitz on parole policies; Daniel Nagin and Cynthia Lum on policing; Craig Haney on prisons and incarceration; Ronald Wright on prosecution; and Michael Tonry on sentencing policies.
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Crime and Justice, Volume 9
Prediction and Classification in Criminal Justice Decision Making
Edited by Don M. Gottfredson and Michael Tonry
University of Chicago Press Journals, 1988
Prediction and Classification: Criminal Justice Decision Making, a collection of commissioned essays by distinguished international scholars, is the ninth volume in the Crime and Justice series. Like its predecessors, Prediction and Classification is essential reading for scholars and researchers seeking a unified source of knowledge about crime, its causes, and its cure.
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Crime and Social Justice in Indian Country
Edited by Marianne O. Nielsen and Karen Jarratt-Snider
University of Arizona Press, 2018
In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice.
Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination.
Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives.
Contributors
Alisse Ali-Joseph
William G. Archambeault
Cheryl Redhorse Bennett
Danielle V. Hiraldo
Lomayumptewa K. Ishii
Karen Jarratt-Snider
Eileen Luna-Firebaugh
Anne Luna-Gordinier
Marianne O. Nielsen
Linda M. Robyn
Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination.
Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives.
Contributors
Alisse Ali-Joseph
William G. Archambeault
Cheryl Redhorse Bennett
Danielle V. Hiraldo
Lomayumptewa K. Ishii
Karen Jarratt-Snider
Eileen Luna-Firebaugh
Anne Luna-Gordinier
Marianne O. Nielsen
Linda M. Robyn
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CRIMINAL CONVERSATIONS
VICTORIAN CRIMES, SOCIAL PANIC, & MORAL
JUDITH ROWBOTHAM
The Ohio State University Press, 2005
Criminal Justice in China
Klaus Mühlhahn
Harvard University Press, 2009
Criminal Justice in Native America
Edited by Marianne O. Nielsen and Robert A. Silverman
University of Arizona Press, 2009
Native Americans are disproportionately represented as offenders in the U.S. criminal justice system, particularly in the southwestern and north-central regions. However, until recently there was little investigation into the reasons for their over-representation. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system—in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law.
Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors—many of whom are Native Americans—rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.
The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies—among them, criminal justice and criminology, law, sociology, and anthropology—Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.
Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors—many of whom are Native Americans—rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.
The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies—among them, criminal justice and criminology, law, sociology, and anthropology—Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.
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Criminology and Public Policy
Putting Theory to Work
Scott H. Decker and Kevin A. Wright
Temple University Press, 2018
In the field of criminal justice, public policy is designed to address the problems brought on by criminal behavior and the response to that behavior. However, too often, the theories carefully developed in the academy fail to make their way into programs and policy. The editors and contributors to this second edition of Criminology and Public Policy highlight the recent development of “translational criminology” to address the growing movement in criminology to use the results of criminological research and theory to better inform policy and practice.
The essays in Criminology and Public Policy propose an in-depth look at both theory and practice and how they are integrated across a number of key criminal justice problems—from racial and environmental concerns to gun control and recidivism rates as well as police use of force and mass incarceration. The end result is an essential volume that blends both theory and practice in an effort to address the critical problems in explaining, preventing, responding to, and correcting criminal behavior.
Contributors include: Robert K. Ax, Michelle N. Block, Anthony A. Braga, Rod K. Brunson, Jennifer Carlson, Ronald V. Clarke, Shea Cronin, Megan Denver, Kevin M. Drakulich, Grant Duwe, Amy Farrell, Cheryl Jonson, Charis E. Kubrin, Justin Kurland, Megan Kurlychek, Shannon Magnuson, Daniel P. Mears, Robert D. Morgan, Kathleen Powell, Danielle Rudes, Cassia Spohn, Cody Telep, Natalie Todak, Glenn Trager, Jillian J. Turanovic, Sara Wakefield, Patricia Warren, David Weisburd, Michael D. White, Rob White, Lauren Wilson and the editors
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Criminology and Public Policy
Putting Theory to Work
Hugh Barlow
Temple University Press, 2009
Crime policy ought to be guided by science rather than ideology, argue Hugh Barlow and Scott Decker in this incisive and original collection of essays. Establishing the value and importance of linking theory and practice, the contributors to Criminology and Public Policy provide a comprehensive treatment of the major theories in criminology and their implications for criminal justice, crime control, and the larger realm of justice.
In applying theories to real world issues—such as reducing crime and violence, prisoner reentry policies, gang behavior, and treatment courts—the contributors take both a macro and micro level approach. They find, too, that it is often difficult to turn theory into practice. Still, the very attempt pushes the criminal justice system toward workable solutions rather than ideological approaches, an orientation the editors believe will lead to greater progress in combating one of our society’s greatest difficulties.
Contributors include: Robert Agnew, Ronald L. Akers, Gordon Bazemore, Ronald V. Clarke, J. Heith Copes, Frank Cullen, Marcus Felson, Marie Griffin, Scott Jacques, David Kauzlarich, Jean McGloin, Steven Messner, Alex Piquero, Nicole Leeper Piquero, Nancy Rodriguez, Richard B. Rosenfeld, Dawn Rothe, Andrea Schoepfer, Neal Shover, Cassia Spohn, Katherine Tellis, Charles Tittle, Richard Wright, and the editors.
In applying theories to real world issues—such as reducing crime and violence, prisoner reentry policies, gang behavior, and treatment courts—the contributors take both a macro and micro level approach. They find, too, that it is often difficult to turn theory into practice. Still, the very attempt pushes the criminal justice system toward workable solutions rather than ideological approaches, an orientation the editors believe will lead to greater progress in combating one of our society’s greatest difficulties.
Contributors include: Robert Agnew, Ronald L. Akers, Gordon Bazemore, Ronald V. Clarke, J. Heith Copes, Frank Cullen, Marcus Felson, Marie Griffin, Scott Jacques, David Kauzlarich, Jean McGloin, Steven Messner, Alex Piquero, Nicole Leeper Piquero, Nancy Rodriguez, Richard B. Rosenfeld, Dawn Rothe, Andrea Schoepfer, Neal Shover, Cassia Spohn, Katherine Tellis, Charles Tittle, Richard Wright, and the editors.
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The Culture of Control
Crime and Social Order in Contemporary Society
David Garland
University of Chicago Press, 2001
The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.
Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
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DEATH IN THE TIERGARTEN
Benjamin Carter Hett
Harvard University Press, 2004
From Alexanderplatz, the bustling Berlin square ringed by bleak slums, to Moabit, site of the city's most feared prison, Death in the Tiergarten illuminates the culture of criminal justice in late imperial Germany. In vivid prose, Benjamin Hett examines daily movement through the Berlin criminal courts and the lawyers, judges, jurors, thieves, pimps, and murderers who inhabited this world.
Drawing on previously untapped sources, including court records, pamphlet literature, and pulp novels, Hett examines how the law reflected the broader urban culture and politics of a rapidly changing city. In this book, German criminal law looks very different from conventional narratives of a rigid, static system with authoritarian continuities traceable from Bismarck to Hitler. From the murder trial of Anna and Hermann Heinze in 1891 to the surprising treatment of the notorious Captain of Koepenick in 1906, Hett illuminates a transformation in the criminal justice system that unleashed a culture war fought over issues of permissiveness versus discipline, the boundaries of public discussion of crime and sexuality, and the role of gender in the courts.
Trained in both the law and history, Hett offers a uniquely valuable perspective on the dynamic intersections of law and society, and presents an impressive new view of early twentieth-century German history.
Table of Contents:
Acknowledgments
Introduction
1. In Moabit
2. The Berlin of Surrogates
3. Honorable Men
4. Justice Is Blind
5. "Were People More Pitiless Fifteen Years Ago?"
Epilogue
Appendix: Regimes and Rulers
Abbreviations
Notes
Archival and Primary Sources
Index
Death in the Tiergarten is an impressive book. Written in a light and entertaining style, with elegance and wit, it is a rich source of thought-provoking insights. Hett offers his own distinct spin on some of the common themes of Berlin literature--crime, sex, sensation, mass media, and the dramatic character of life in the modern metropolis. This unusually successful and effective work of scholarship has the potential to reach a broad audience.
--Jonathan Sperber, University of Missouri at Columbia
An extremely rich and well-argued analysis of the culture of the criminal courtroom in Wilhelmine Germany. Using stories about love, lust, betrayal, and honor--crime stories and city stories--Benjamin Hett pries open Berlin's public life in brilliant, unexpected ways.
--Peter Fritzsche, author of Reading Berlin 1900
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The Dialectics of Legal Repression
Black Rebels Before the American Criminal Courts
Isaac D. Balbus
Russell Sage Foundation, 1973
Less than 2 percent of some 4000 adults prosecuted for participating in the bloodiest ghetto revolt of this generation served any time in jail as a result of their conviction and sentencing. Why? Why, in contrast, did the majority of those arrested following a brief and minor confrontation with police in a different city receive far harsher treatment than ordinarily meted out for comparable offenses in "normal" times? What do these incidents tell us about the nature of legal repression in the American state? No coherent theory of political repression in the liberal state exists today. Neither the liberal view of repression as "anomaly" nor the radical view of repression as "fascist core" appears to come to grips with the distinctive characteristics of legal repression in the liberal state. This book attempts to arrive at a more adequate understanding of these "distinctive characteristics" by means of a detailed analysis of the legal response to the most serious violent challenge to the existing political order since the Great Depression—the black ghetto revolts between 1964 and 1968. Using police and court records, and extensive interviews with judges, defense attorneys, prosecutors, and detention officials, Professor Balbus provides a complete reconstruction of the response of the criminal courts of Los Angeles, Detroit, and Chicago to the "civil disorders" that occurred in these cities. What emerges is a disturbing picture of the relationship between court systems and participants and the local political environments in which they operate.
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Doing Time on the Outside
Incarceration and Family Life in Urban America
Donald Braman
University of Michigan Press, 2004
"Stigma, shame and hardship---this is the lot shared by families whose young men have been swept into prison. Braman reveals the devastating toll mass incarceration takes on the parents, partners, and children left behind."
-Katherine S. Newman
"Doing Time on the Outside brings to life in a compelling way the human drama, and tragedy, of our incarceration policies. Donald Braman documents the profound economic and social consequences of the American policy of massive imprisonment of young African American males. He shows us the link between the broad-scale policy changes of recent decades and the isolation and stigma that these bring to family members who have a loved one in prison. If we want to understand fully the impact of current criminal justice policies, this book should be required reading."
-Mark Mauer, Assistant Director, The Sentencing Project
"Through compelling stories and thoughtful analysis, this book describes how our nation's punishment policies have caused incalculable damage to the fabric of family and community life. Anyone concerned about the future of urban America should read this book."
-Jeremy Travis, The Urban Institute
In the tradition of Elijah Anderson's Code of the Street and Katherine Newman's No Shame in My Game, this startling new ethnography by Donald Braman uncovers the other side of the incarceration saga: the little-told story of the effects of imprisonment on the prisoners' families.
Since 1970 the incarceration rate in the United States has more than tripled, and in many cities-urban centers such as Washington, D.C.-it has increased over five-fold. Today, one out of every ten adult black men in the District is in prison and three out of every four can expect to spend some time behind bars. But the numbers don't reveal what it's like for the children, wives, and parents of prisoners, or the subtle and not-so-subtle effects mass incarceration is having on life in the inner city.
Author Donald Braman shows that those doing time on the inside are having a ripple effect on the outside-reaching deep into the family and community life of urban America. Braman gives us the personal stories of what happens to the families and communities that prisoners are taken from and return to. Carefully documenting the effects of incarceration on the material and emotional lives of families, this groundbreaking ethnography reveals how criminal justice policies are furthering rather than abating the problem of social disorder. Braman also delivers a number of genuinely new arguments.
Among these is the compelling assertion that incarceration is holding offenders unaccountable to victims, communities, and families. The author gives the first detailed account of incarceration's corrosive effect on social capital in the inner city and describes in poignant detail how the stigma of prison pits family and community members against one another. Drawing on a series of powerful family portraits supported by extensive empirical data, Braman shines a light on the darker side of a system that is failing the very families and communities it seeks to protect.
-Katherine S. Newman
"Doing Time on the Outside brings to life in a compelling way the human drama, and tragedy, of our incarceration policies. Donald Braman documents the profound economic and social consequences of the American policy of massive imprisonment of young African American males. He shows us the link between the broad-scale policy changes of recent decades and the isolation and stigma that these bring to family members who have a loved one in prison. If we want to understand fully the impact of current criminal justice policies, this book should be required reading."
-Mark Mauer, Assistant Director, The Sentencing Project
"Through compelling stories and thoughtful analysis, this book describes how our nation's punishment policies have caused incalculable damage to the fabric of family and community life. Anyone concerned about the future of urban America should read this book."
-Jeremy Travis, The Urban Institute
In the tradition of Elijah Anderson's Code of the Street and Katherine Newman's No Shame in My Game, this startling new ethnography by Donald Braman uncovers the other side of the incarceration saga: the little-told story of the effects of imprisonment on the prisoners' families.
Since 1970 the incarceration rate in the United States has more than tripled, and in many cities-urban centers such as Washington, D.C.-it has increased over five-fold. Today, one out of every ten adult black men in the District is in prison and three out of every four can expect to spend some time behind bars. But the numbers don't reveal what it's like for the children, wives, and parents of prisoners, or the subtle and not-so-subtle effects mass incarceration is having on life in the inner city.
Author Donald Braman shows that those doing time on the inside are having a ripple effect on the outside-reaching deep into the family and community life of urban America. Braman gives us the personal stories of what happens to the families and communities that prisoners are taken from and return to. Carefully documenting the effects of incarceration on the material and emotional lives of families, this groundbreaking ethnography reveals how criminal justice policies are furthering rather than abating the problem of social disorder. Braman also delivers a number of genuinely new arguments.
Among these is the compelling assertion that incarceration is holding offenders unaccountable to victims, communities, and families. The author gives the first detailed account of incarceration's corrosive effect on social capital in the inner city and describes in poignant detail how the stigma of prison pits family and community members against one another. Drawing on a series of powerful family portraits supported by extensive empirical data, Braman shines a light on the darker side of a system that is failing the very families and communities it seeks to protect.
[more]
Erich Fromm and Critical Criminology
BEYOND THE PUNITIVE SOCIETY
Edited by Kevin Anderson and Richard Quinney
University of Illinois Press, 2000
From the War on Poverty to the War on Crime
The Making of Mass Incarceration in America
Elizabeth Hinton
Harvard University Press, 2016
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.
[more]
Getting Away with Murder
Susan ESTRICH
Harvard University Press, 1998
Habitual Offenders
A True Tale of Nuns, Prostitutes, and Murderers in Seventeenth-Century Italy
Craig A. Monson
University of Chicago Press, 2016
In April 1644, two nuns fled Bologna’s convent for reformed prostitutes. A perfunctory archiepiscopal investigation went nowhere, and the nuns were quickly forgotten. By June of the next year, however, an overwhelming stench drew a woman to the wine cellar of her Bolognese townhouse, reopened after a two-year absence—where to her horror she discovered the eerily intact, garroted corpses of the two missing women.
Drawing on over four thousand pages of primary sources, the intrepid Craig A. Monson reconstructs this fascinating history of crime and punishment in seventeenth-century Italy. Along the way, he explores Italy’s back streets and back stairs, giving us access to voices we rarely encounter in conventional histories: prostitutes and maidservants, mercenaries and bandits, along with other “dubious” figures negotiating the boundaries of polite society. Painstakingly researched and breathlessly told, Habitual Offenders will delight historians and true-crime fans alike.
Drawing on over four thousand pages of primary sources, the intrepid Craig A. Monson reconstructs this fascinating history of crime and punishment in seventeenth-century Italy. Along the way, he explores Italy’s back streets and back stairs, giving us access to voices we rarely encounter in conventional histories: prostitutes and maidservants, mercenaries and bandits, along with other “dubious” figures negotiating the boundaries of polite society. Painstakingly researched and breathlessly told, Habitual Offenders will delight historians and true-crime fans alike.
[more]
Hangin' Times in Fort Smith
A History of Executions in Judge Parker’s Court
Jerry Akins
Butler Center for Arkansas Studies, 2012
For twenty-one years, Judge Isaac C. Parker ruled in the federal court at Fort Smith, Arkansas, the gateway to the wild and lawless Western frontier. Parker, however, was not the "hangin' judge" that casual legend portrays. In most cases, the guilt or innocence of those tried in his court really was not in question once their stories were told. These horrible crimes would have screamed out for justice in any circumstance. Author Jerry Akins has finally arrived at the real story about Parker and his court by comparing newspaper accounts of the trials and executions to what has been written and popularized in other books.
[more]
Hard Bargains
The Coercive Power of Drug Laws in Federal Court
Mona Lynch
Russell Sage Foundation, 2016
The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts.
As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs.
Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.
As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs.
Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.
[more]
The History of the Death Penalty in Colorado
Michael Radelet
University Press of Colorado, 2017
In The History of the Death Penalty in Colorado, noted death penalty scholar Michael Radelet chronicles the details of each capital punishment trial and execution that has taken place in Colorado since 1859. The book describes the debates and struggles that Coloradans have had over the use of the death penalty, placing the cases of the 103 men whose sentences were carried out and 100 more who were never executed into the context of a gradual worldwide trend away from this form of punishment.
For more than 150 years, Coloradans have been deeply divided about the death penalty, with regular questions about whether it should be expanded, restricted, or eliminated. It has twice been abolished, but both times state lawmakers reinstated the contentious punitive measure. Prison administrators have contributed to this debate, with some refusing to participate in executions and some lending their voices to abolition efforts. Colorado has also had a rich history of experimenting with execution methods, first hanging prisoners in public and then, starting in 1890, using the "twitch-up gallows" for four decades. In 1933, Colorado began using a gas chamber and eventually moved to lethal injection in the 1990s.
Based on meticulous archival research in official state archives, library records, and multimedia sources, The History of the Death Penalty in Colorado, will inform the conversation on both sides of the issue anywhere the future of the death penalty is under debate.
[more]
Homicide, Race, and Justice in the American West, 1880-1920
Clare V. McKanna
University of Arizona Press, 1997
In a chilling scene in the film Unforgiven, Clint Eastwood as the gunman stands over a wounded Gene Hackman, the sheriff, aiming a rifle at his head. "I don't deserve this, to die like this," says Hackman. Eastwood replies, "Deserve's got nothing to do with it," cocks his rifle, and fires point blank at his helpless victim. This scenario dramatically brings home to the viewer what historians have long debated and hundreds of other films and books suggest: the turn-of-the-century West was a violent time and place. Ranchers, miners, deputy sheriffs, teenagers and old men, occasionally even housewives and mothers found themselves at the business end of a shotgun or a .38 revolver. Yet, since western historians tend to portray violence as essentially episodic--frontier gunfights, range wars, vigilante movements, and the like--solid data has been hard to come by. As a beginning point for actually measuring lethal violence and assessing the administration of justice, here at last is a detailed and well-documented study of homicide in the American West. Comparing data from representative areas--Douglas County, Nebraska; Las Animas County, Colorado; and Gila County, Arizona--this book reveals a level of violence far greater than many historians have believed, even surpassing eastern cities like New York and Boston. Clashing cultures and transient populations, a boomtown mentality, easy availability of alcohol and firearms: these and many other factors come under scrutiny as catalysts in the violence that permeated the region. By comparing homicide data, including coroner's inquests, indictments, plea bargains, and sentences across both racial and regional lines, the book also offers persuasive evidence that criminal justice systems of the Old West were weighted heavily in favor of defendants who were white and against those who were African American, Native American, or Mexican. Packed with information, this is a book for students and scholars of western history, social history, criminology, and justice studies. Western history buffs will be captivated by colorful anecdotes about the real West, where guns could and did blaze over anything from love trysts to vendettas to too much foam on the beer. From whatever perspective, all readers are sure to find here a well-constructed framework for understanding the West as it was and for interpreting the region as it moves into the future.
[more]
The Honest Politician's Guide to Crime Control
Norval Morris and Gordon J. Hawkins
University of Chicago Press, 1970
Norval Morris and Gordon Hawkins's first premise is that our criminal justice system is a moral busybody, unwisely extended beyond its proper role of protecting persons and property. But they go further and systematically cover the amount, costs, causes, and victims of crime: the reduction of violence; the police; corrections; juvenile delinquency; the function of psychiatry in crime control; organized crime; and the uses of criminological research. On each topic precise recommendations are made and carefully defended.
[more]
Hooligans in Khrushchev's Russia
Defining, Policing, and Producing Deviance during the Thaw
Brian LaPierre
University of Wisconsin Press, 2012
Swearing, drunkenness, promiscuity, playing loud music, brawling—in the Soviet Union these were not merely bad behavior, they were all forms of the crime of "hooliganism." Defined as "rudely violating public order and expressing clear disrespect for society," hooliganism was one of the most common and confusing crimes in the world's first socialist state. Under its shifting, ambiguous, and elastic terms, millions of Soviet citizens were arrested and incarcerated for periods ranging from three days to five years and for everything from swearing at a wife to stabbing a complete stranger.
Hooligans in Khrushchev's Russia offers the first comprehensive study of how Soviet police, prosecutors, judges, and ordinary citizens during the Khrushchev era (1953–64) understood, fought against, or embraced this catch-all category of criminality. Using a wide range of newly opened archival sources, it portrays the Khrushchev period—usually considered as a time of liberalizing reform and reduced repression—as an era of renewed harassment against a wide range of state-defined undesirables and as a time when policing and persecution were expanded to encompass the mundane aspects of everyday life. In an atmosphere of Cold War competition, foreign cultural penetration, and transatlantic anxiety over "rebels without a cause," hooliganism emerged as a vital tool that post-Stalinist elites used to civilize their uncultured working class, confirm their embattled cultural ideals, and create the right-thinking and right-acting socialist society of their dreams.
Hooligans in Khrushchev's Russia offers the first comprehensive study of how Soviet police, prosecutors, judges, and ordinary citizens during the Khrushchev era (1953–64) understood, fought against, or embraced this catch-all category of criminality. Using a wide range of newly opened archival sources, it portrays the Khrushchev period—usually considered as a time of liberalizing reform and reduced repression—as an era of renewed harassment against a wide range of state-defined undesirables and as a time when policing and persecution were expanded to encompass the mundane aspects of everyday life. In an atmosphere of Cold War competition, foreign cultural penetration, and transatlantic anxiety over "rebels without a cause," hooliganism emerged as a vital tool that post-Stalinist elites used to civilize their uncultured working class, confirm their embattled cultural ideals, and create the right-thinking and right-acting socialist society of their dreams.
[more]
Illusion of Order
Bernard E. HARCOURT
Harvard University Press, 2001
Imprisoning America
The Social Effects of Mass Incarceration
Mary Pattillo
Russell Sage Foundation, 2004
Over the last thirty years, the U.S. penal population increased from around 300,000 to more than two million, with more than half a million prisoners returning to their home communities each year. What are the social costs to the communities from which this vast incarcerated population comes? And what happens to these communities when former prisoners return as free men and women in need of social and economic support? In Imprisoning America, an interdisciplinary group of leading researchers in economics, criminal justice, psychology, sociology, and social work goes beyond a narrow focus on crime to examine the connections between incarceration and family formation, labor markets, political participation, and community well-being. The book opens with a consideration of the impact of incarceration on families. Using a national survey of young parents, Bruce Western and colleagues show the enduring corrosive effects of incarceration on marriage and cohabitation, even after a prison sentence has been served. Kathryn Edin, Timothy Nelson, and Rechelle Parnal use in-depth life histories of low-income men in Philadelphia and Charleston, to study how incarceration not only damages but sometimes strengthens relations between fathers and their children. Imprisoning America then turns to how mass incarceration affects local communities and society at large. Christopher Uggen and Jeff Manza use survey data and interviews with thirty former felons to explore the political ramifications of disenfranchising inmates and former felons. Harry Holzer, Stephen Raphael, and Michael Stoll examine how poor labor market opportunities for former prisoners are shaped by employers' (sometimes unreliable) background checks. Jeremy Travis concludes that corrections policy must extend beyond incarceration to help former prisoners reconnect with their families, communities, and the labor market. He recommends greater collaboration between prison officials and officials in child and family welfare services, educational and job training programs, and mental and public health agencies. Imprisoning America vividly illustrates that the experience of incarceration itself—and not just the criminal involvement of inmates—negatively affects diverse aspects of social membership. By contributing to the social exclusion of an already marginalized population, mass incarceration may actually increase crime rates, and threaten the public safety it was designed to secure. A rigorous portrayal of the pitfalls of getting tough on crime, Imprisoning America highlights the pressing need for new policies to support ex-prisoners and the families and communities to which they return.
[more]
In an Abusive State
How Neoliberalism Appropriated the Feminist Movement against Sexual Violence
Kristin Bumiller
Duke University Press, 2008
In an Abusive State puts forth a powerful argument: that the feminist campaign to stop sexual violence has entered into a problematic alliance with the neoliberal state. Kristin Bumiller chronicles the evolution of this alliance by examining the history of the anti-violence campaign, the production of cultural images about sexual violence, professional discourses on intimate violence, and the everyday lives of battered women. She also scrutinizes the rhetoric of high-profile rape trials and the expansion of feminist concerns about sexual violence into the international human-rights arena. In the process, Bumiller reveals how the feminist fight against sexual violence has been shaped over recent decades by dramatic shifts in welfare policies, incarceration rates, and the surveillance role of social-service bureaucracies.
Drawing on archival research, individual case studies, testimonies of rape victims, and interviews with battered women, Bumiller raises fundamental concerns about the construction of sexual violence as a social problem. She describes how placing the issue of sexual violence on the public agenda has polarized gender- and race-based interests. She contends that as the social welfare state has intensified regulation and control, the availability of services for battered women and rape victims has become increasingly linked to their status as victims and their ability to recognize their problems in medical and psychological terms. Bumiller suggests that to counteract these tendencies, sexual violence should primarily be addressed in the context of communities and in terms of its links to social disadvantage. In an Abusive State is an impassioned call for feminists to reflect on how the co-optation of their movement by the neoliberal state creates the potential to inadvertently harm impoverished women and support punitive and racially based crime control efforts.
[more]
In Doubt
Dan Simon
Harvard University Press, 2012
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
[more]
Incarceration and Race in Michigan
Grounding the National Debate in State Practice
Lynn O. Scott
Michigan State University Press, 2019
State and local policies are key to understanding how to reduce prison populations. This anthology of critical and personal essays about the need to reform criminal justice policies that have led to mass incarceration provides a national perspective while remaining grounded in Michigan. Major components in this volume include a focus on current research on the impact of incarceration on minority groups, youth, and the mentally ill; and a focus on research on Michigan’s leadership in the area of reentry. Changes in policy will require a change in the public’s problematic images of incarcerated people. In this volume, academic research is combined with first-person narratives and paintings from people who have been directly affected by incarceration to allow readers to form more personal connections with those who face incarceration. At a time when much of the push to reduce prison populations is focused on the financial cost to states and cities, this book emphasizes the broader social and human costs of mass incarceration.
[more]
Invisible Men
Mass Incarceration and the Myth of Black Progress
Becky Pettit
Russell Sage Foundation, 2012
For African American men without a high school diploma, being in prison or jail is more common than being employed—a sobering reality that calls into question post-Civil Rights era social gains. Nearly 70 percent of young black men will be imprisoned at some point in their lives, and poor black men with low levels of education make up a disproportionate share of incarcerated Americans. In Invisible Men, sociologist Becky Pettit demonstrates another vexing fact of mass incarceration: most national surveys do not account for prison inmates, a fact that results in a misrepresentation of U.S. political, economic, and social conditions in general and black progress in particular. Invisible Men provides an eye-opening examination of how mass incarceration has concealed decades of racial inequality. Pettit marshals a wealth of evidence correlating the explosion in prison growth with the disappearance of millions of black men into the American penal system. She shows that, because prison inmates are not included in most survey data, statistics that seemed to indicate a narrowing black-white racial gap—on educational attainment, work force participation, and earnings—instead fail to capture persistent racial, economic, and social disadvantage among African Americans. Federal statistical agencies, including the U.S. Census Bureau, collect surprisingly little information about the incarcerated, and inmates are not included in household samples in national surveys. As a result, these men are invisible to most mainstream social institutions, lawmakers, and nearly all social science research that isn't directly related to crime or criminal justice. Since merely being counted poses such a challenge, inmates' lives—including their family background, the communities they come from, or what happens to them after incarceration—are even more rarely examined. And since correctional budgets provide primarily for housing and monitoring inmates, with little left over for job training or rehabilitation, a large population of young men are not only invisible to society while in prison but also ill-equipped to participate upon release. Invisible Men provides a vital reality check for social researchers, lawmakers, and anyone who cares about racial equality. The book shows that more than a half century after the first civil rights legislation, the dismal fact of mass incarceration inflicts widespread and enduring damage by undermining the fair allocation of public resources and political representation, by depriving the children of inmates of their parents' economic and emotional participation, and, ultimately, by concealing African American disadvantage from public view.
[more]
Kafka's Law
"The Trial" and American Criminal Justice
Robert P. Burns
University of Chicago Press, 2014
The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this.” Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka’s vision of the “Law” in The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish?
With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.
With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.
[more]
Legitimacy and Criminal Justice
An International Perspective
Tom R. Tyler
Russell Sage Foundation, 2007
The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia's adoption of Western-style "community policing" during its transition to democracy. In the context of Slovenia's recent Communist past—when "community policing" entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin's Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law's representatives succeed—or fail—in winning citizens' hearts and minds. A Volume in the Russell Sage Foundation Series on Trust
[more]
The Logic of Women on Trial
Case Studies of Popular American Trials
Janice Schuetz
Southern Illinois University Press, 1994
Janice Schuetz investigates the felony trials of nine American women from colonial Salem to the present: Rebecca Nurse, tried for witchcraft in 1692; Mary E. Surratt, tried in 1865 for assisting John Wilkes Booth in the assassination of Abraham Lincoln; Lizzie Andrew Borden, tried in 1892 for the ax murder of her father and stepmother; Margaret Sanger, tried in 1915, 1917, and 1929 for her actions in support of birth control; Ethel Rosenberg, tried in 1951 for aiding the disclosure of secrets of the atom bomb to the Soviets; Yvonne Wanrow, tried in 1974 for killing a man who molested her neighbor’s daughter; Patricia Campbell Hearst, tried in 1975 for bank robbery as a member of the Symbionese Liberation Army; Jean Harris, tried in 1982 for killing Herman Tarnower, the Diet Doctor; and Darci Kayleen Pierce, tried in 1988 for kidnapping and brutally murdering a pregnant woman, then removing the baby from the woman’s womb.
In her analysis, Schuetz is careful to define these trials as popular trials. Characteristically, popular trials involve persons, issues, or crimes of social interest that attract extensive public interest and involvement. Such trials make a contribution to the ongoing historical dialogue about the meaning of justice and the legal system, while reflecting the values of the time and place in which they occur.
Schuetz examines the kinds of communication that transpired and the importance of gender in the trials by applying a different current rhetorical theory to each trial text. In every chapter, she explains her chosen interpretive theory, compares that framework with the discourse of the trial, and makes judgments about the meaning of the trial texts based on the interpretive theory.
[more]
The Montana Vigilantes 1863–1870
Gold,Guns and Gallows
Mark C. Dillon
Utah State University Press, 2016
Historians and novelists alike have described the vigilantism that took root in the gold-mining communities of Montana in the mid-1860s, but Mark C. Dillon is the first to examine the subject through the prism of American legal history, considering the state of criminal justice and law enforcement in the western territories and also trial procedures, gubernatorial politics, legislative enactments, and constitutional rights.
Using newspaper articles, diaries, letters, biographies, invoices, and books that speak to the compelling history of Montana’s vigilantism in the 1860s, Dillon examines the conduct of the vigilantes in the context of the due process norms of the time. He implicates the influence of lawyers and judges who, like their non-lawyer counterparts, shaped history during the rush to earn fortunes in gold.
Dillon’s perspective as a state Supreme Court justice and legal historian uniquely illuminates the intersection of territorial politics, constitutional issues, corrupt law enforcement, and the basic need of citizenry for social order. This readable and well-directed analysis of the social and legal context that contributed to the rise of Montana vigilante groups will be of interest to scholars and general readers interested in Western history, law, and criminal justice for years to come.
Using newspaper articles, diaries, letters, biographies, invoices, and books that speak to the compelling history of Montana’s vigilantism in the 1860s, Dillon examines the conduct of the vigilantes in the context of the due process norms of the time. He implicates the influence of lawyers and judges who, like their non-lawyer counterparts, shaped history during the rush to earn fortunes in gold.
Dillon’s perspective as a state Supreme Court justice and legal historian uniquely illuminates the intersection of territorial politics, constitutional issues, corrupt law enforcement, and the basic need of citizenry for social order. This readable and well-directed analysis of the social and legal context that contributed to the rise of Montana vigilante groups will be of interest to scholars and general readers interested in Western history, law, and criminal justice for years to come.
[more]
Music in American Crime Prevention and Punishment
Lily E. Hirsch
University of Michigan Press, 2012
Although the use of music for extramusical purposes has been a part of American culture for some time, the phenomenon remained largely unknown to the general public until revelations became widespread of startling military practices during the second Iraq War. In Music in American Crime Prevention and Punishment, Lily E. Hirsch explores the related terrain at the intersection of music and law, demonstrating the ways in which music has become a tool of law enforcement and justice through: police and community leaders’ use of classical music in crime deterrence and punishment; the use of rap lyrics as prosecutorial evidence; allegations of music as incitement to violence; and the role of music in U.S. prisons and in detention centers in Guantanamo, Iraq, and Afghanistan.
In the course of her study, Hirsch asks several questions: How does the law treat music? When and why does music participate in the law? How does music influence the legal process? How does the legal process influence music? And how do these appropriations affect the Romantic ideals underlying our view of music?
[more]
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.
[more]
No Bond but the Law
Punishment, Race, and Gender in Jamaican State Formation, 1780–1870
Diana Paton
Duke University Press, 2004
Investigating the cultural, social, and political histories of punishment during ninety years surrounding the 1838 abolition of slavery in Jamaica, Diana Paton challenges standard historiographies of slavery and discipline. The abolition of slavery in Jamaica, as elsewhere, entailed the termination of slaveholders’ legal right to use violence—which they defined as “punishment”—against those they had held as slaves. Paton argues that, while slave emancipation involved major changes in the organization and representation of punishment, there was no straightforward transition from corporal punishment to the prison or from privately inflicted to state-controlled punishment. Contesting the dichotomous understanding of pre-modern and modern modes of power that currently dominates the historiography of punishment, she offers critical readings of influential theories of power and resistance, including those of Michel Foucault, Pierre Bourdieu, and Ranajit Guha.
No Bond but the Law reveals the longstanding and intimate relationship between state formation and private punishment. The construction of a dense, state-organized system of prisons began not with emancipation but at the peak of slave-based wealth in Jamaica, in the 1780s. Jamaica provided the paradigmatic case for British observers imagining and evaluating the emancipation process. Paton’s analysis moves between imperial processes on the one hand and Jamaican specificities on the other, within a framework comparing developments regarding punishment in Jamaica with those in the U.S. South and elsewhere. Emphasizing the gendered nature of penal policy and practice throughout the emancipation period, Paton is attentive to the ways in which the actions of ordinary Jamaicans and, in particular, of women prisoners, shaped state decisions.
[more]
On the Run
Fugitive Life in an American City
Alice Goffman
University of Chicago Press, 2014
Forty years in, the War on Drugs has done almost nothing to prevent drugs from being sold or used, but it has nonetheless created a little-known surveillance state in America’s most disadvantaged neighborhoods. Arrest quotas and high-tech surveillance techniques criminalize entire blocks, and transform the very associations that should stabilize young lives—family, relationships, jobs—into liabilities, as the police use such relationships to track down suspects, demand information, and threaten consequences.
Alice Goffman spent six years living in one such neighborhood in Philadelphia, and her close observations and often harrowing stories reveal the pernicious effects of this pervasive policing. Goffman introduces us to an unforgettable cast of young African American men who are caught up in this web of warrants and surveillance—some of them small-time drug dealers, others just ordinary guys dealing with limited choices. All find the web of presumed criminality, built as it is on the very associations and friendships that make up a life, nearly impossible to escape. We watch as the pleasures of summer-evening stoop-sitting are shattered by the arrival of a carful of cops looking to serve a warrant; we watch—and can’t help but be shocked—as teenagers teach their younger siblings and cousins how to run from the police (and, crucially, to keep away from friends and family so they can stay hidden); and we see, over and over, the relentless toll that the presumption of criminality takes on families—and futures.
While not denying the problems of the drug trade, and the violence that often accompanies it, through her gripping accounts of daily life in the forgotten neighborhoods of America's cities, Goffman makes it impossible for us to ignore the very real human costs of our failed response—the blighting of entire neighborhoods, and the needless sacrifice of whole generations.
Alice Goffman spent six years living in one such neighborhood in Philadelphia, and her close observations and often harrowing stories reveal the pernicious effects of this pervasive policing. Goffman introduces us to an unforgettable cast of young African American men who are caught up in this web of warrants and surveillance—some of them small-time drug dealers, others just ordinary guys dealing with limited choices. All find the web of presumed criminality, built as it is on the very associations and friendships that make up a life, nearly impossible to escape. We watch as the pleasures of summer-evening stoop-sitting are shattered by the arrival of a carful of cops looking to serve a warrant; we watch—and can’t help but be shocked—as teenagers teach their younger siblings and cousins how to run from the police (and, crucially, to keep away from friends and family so they can stay hidden); and we see, over and over, the relentless toll that the presumption of criminality takes on families—and futures.
While not denying the problems of the drug trade, and the violence that often accompanies it, through her gripping accounts of daily life in the forgotten neighborhoods of America's cities, Goffman makes it impossible for us to ignore the very real human costs of our failed response—the blighting of entire neighborhoods, and the needless sacrifice of whole generations.
[more]
The Patent Crisis and How the Courts Can Solve It
Dan L. Burk and Mark A. Lemley
University of Chicago Press, 2009
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry.
Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
[more]
Poor Discipline
Jonathan Simon
University of Chicago Press, 1993
This powerful book reveals how modern strategies of punishment—and, by all accounts, their failure—relate to political and economic transformations in society at large. Jonathan Simon uses the practice of parole in California as a window to the changing historical understanding of what a corrections system does and how it works. Because California is representative of policies and practices on a national level, Simon explicitly presents his findings within a national framework.
When parole first emerged as a corrections strategy in the nineteenth century, work was supposed to keep ex-prisoners out of trouble. This strategy foundered in the changing economy after World War II. What followed was a rehabilitative strategy, where the clinical expertise of the parole agent replaced the discipline of the industrial labor market in defining and controlling criminal deviance. Today, Simon argues, as drastic changes in the economy have virtually locked out an entire class, rehabilitation has given way to mere management. The effect is isolation of the offender, either in jail or in an underclass community; the result is an escalating cycle of imprisonment, destabilization, and insecurity.
No significant improvement in the current penal crisis can be expected until we better understand the relationship between punishment and social order, a relationship which this book explores in theoretical, historical, and practical detail.
When parole first emerged as a corrections strategy in the nineteenth century, work was supposed to keep ex-prisoners out of trouble. This strategy foundered in the changing economy after World War II. What followed was a rehabilitative strategy, where the clinical expertise of the parole agent replaced the discipline of the industrial labor market in defining and controlling criminal deviance. Today, Simon argues, as drastic changes in the economy have virtually locked out an entire class, rehabilitation has given way to mere management. The effect is isolation of the offender, either in jail or in an underclass community; the result is an escalating cycle of imprisonment, destabilization, and insecurity.
No significant improvement in the current penal crisis can be expected until we better understand the relationship between punishment and social order, a relationship which this book explores in theoretical, historical, and practical detail.
[more]
Prisoners of Politics
Breaking the Cycle of Mass Incarceration
Rachel Elise Barkow
Harvard University Press, 2019
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.
[more]
Prisons of Poverty
Loïc Wacquant
University of Minnesota Press, 2009
Punishment and Inequality in America
Bruce Western
Russell Sage Foundation, 2006
Over the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting "tough on crime" with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.
[more]
RACE LABOR PUNISHMENT IN NEW SOUTH
MARTHA A. MYERS
The Ohio State University Press, 1998
A Rogue's Paradise
Crime and Punishment in Antebellum Florida, 1821-1861
James M. Denham
University of Alabama Press, 1997
Roots of Disorder
Race and Criminal Justice in the American South, 1817-80
Christopher Waldrep
University of Illinois Press, 1998
Every white southerner understood
what keeping African Americans "down" meant and what it did
not mean. It did not mean going to court; it did not mean relying on the
law. It meant vigilante violence and lynching.
Looking at Vicksburg, Mississippi,
Roots of Disorder traces the origins of these terrible attitudes
to the day-to-day operations of local courts. In Vicksburg, white exploitation
of black labor through slavery evolved into efforts to use the law to
define blacks' place in society, setting the stage for widespread tolerance
of brutal vigilantism. Fed by racism and economics, whites' extralegal
violence grew in a hothouse of more general hostility toward law and courts.
Roots of Disorder shows how the criminal justice system itself
plays a role in shaping the attitudes that encourage vigilantism.
"Delivers what no other
study has yet attempted. . . . Waldrep's book is one of the first systematically
to use local trial data to explore questions of society and culture."
-- Vernon Burton, author of "A Gentleman and an Officer":
A Social and Military History of James B. Griffin's Civil War
what keeping African Americans "down" meant and what it did
not mean. It did not mean going to court; it did not mean relying on the
law. It meant vigilante violence and lynching.
Looking at Vicksburg, Mississippi,
Roots of Disorder traces the origins of these terrible attitudes
to the day-to-day operations of local courts. In Vicksburg, white exploitation
of black labor through slavery evolved into efforts to use the law to
define blacks' place in society, setting the stage for widespread tolerance
of brutal vigilantism. Fed by racism and economics, whites' extralegal
violence grew in a hothouse of more general hostility toward law and courts.
Roots of Disorder shows how the criminal justice system itself
plays a role in shaping the attitudes that encourage vigilantism.
"Delivers what no other
study has yet attempted. . . . Waldrep's book is one of the first systematically
to use local trial data to explore questions of society and culture."
-- Vernon Burton, author of "A Gentleman and an Officer":
A Social and Military History of James B. Griffin's Civil War
[more]
Sentencing in Time
Linda Ross Meyer
Amherst College Press, 2017
Exactly how is it we think the ends of justice are accomplished by sentencing someone to a term in prison? How do we relate a quantitative measure of time—months and years—to the objectives of deterring crime, punishing wrongdoers, and accomplishing justice for those touched by a criminal act? Linda Ross Meyer investigates these questions, examining the disconnect between our two basic modes of thinking about time—chronologically (seconds, minutes, hours), or phenomenologically (observing, taking note of, or being aware of the passing of time). In Sentencing in Time, Meyer asks whether—in overlooking the irreconcilability of these two modes of thinking about time—we are failing to accomplish the ends we believe the criminal justice system is designed to serve. Drawing on work in philosophy, legal theory, jurisprudence, and the history of penology, Meyer explores how, rather than condemning prisoners to an experience of time bereft of meaning, we might instead make the experience of incarceration constructively meaningful—and thus better aligned with social objectives of deterring crime, reforming offenders, and restoring justice.
[more]
Sexual States
Governance and the Struggle over the Antisodomy Law in India
Jyoti Puri
Duke University Press, 2016
In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly.
[more]
Sins against Nature
Sex and Archives in Colonial New Spain
Zeb Tortorici
Duke University Press, 2019
In Sins against Nature Zeb Tortorici explores the prosecution of sex acts in colonial New Spain (present-day Mexico, Guatemala, the US Southwest, and the Philippines) to examine the multiple ways bodies and desires come to be textually recorded and archived. Drawing on the records from over three hundred criminal and Inquisition cases between 1530 and 1821, Tortorici shows how the secular and ecclesiastical courts deployed the term contra natura—against nature—to try those accused of sodomy, bestiality, masturbation, erotic religious visions, priestly solicitation of sex during confession, and other forms of "unnatural" sex. Archival traces of the visceral reactions of witnesses, the accused, colonial authorities, notaries, translators, and others in these records demonstrate the primacy of affect and its importance to the Spanish documentation and regulation of these sins against nature. In foregrounding the logic that dictated which crimes were recorded and how they are mediated through the colonial archive, Tortorici recasts Iberian Atlantic history through the prism of the unnatural while showing how archives destabilize the bodies, desires, and social categories on which the history of sexuality is based.
[more]
Speaking of Crime
The Language of Criminal Justice
Lawrence M. Solan and Peter M. Tiersma
University of Chicago Press, 2004
Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter?
Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved.
With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved.
With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
[more]
The Supreme Court on Trial
How the American Justice System Sacrifices Innocent Defendants
George C. Thomas III
University of Michigan Press, 2008
The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice.
Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice.
American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions.
"Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent."
— Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law
"Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice."
— Andrew E. Taslitz, Professor of Law, Howard University School of Law
"An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive."
— Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice.
American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions.
"Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent."
— Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law
"Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice."
— Andrew E. Taslitz, Professor of Law, Howard University School of Law
"An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive."
— Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
[more]
ThePrivatization of Policing
Two Views
Brian Forst
Georgetown University Press, 1999
The increasing reliance on private security services raises questions about the effects of privatization on the quality of public police forces, particularly in high-crime, low-income areas. In an effective pro-and-con format, two experts on policing offer two strikingly different perspectives on this trend towards privatization. In the process, they provide an unusually thoughtful discussion of the origins of both the public police and the private security sectors, the forces behind the recent growth of private security operations, and the risks to public safety posed by privatization.
In his critique of privatization, Peter K. Manning focuses on issues of free market theory and management practices such as Total Quality Management that he believes are harmful to the traditional police mandate to control crime. He questions the appropriateness of strategies that emphasize service to consumers. For Brian Forst, the free market paradigm and economic incentives do not carry the same stigma. He argues that neither public nor private policing should have a monopoly on law enforcement activities, and he predicts an even more varied mix of public and private police activities than are currently available.
Following the two main sections of the book, each author assesses the other's contribution, reflecting on not just their points of departure but also on the areas in which they agree. The breadth and depth of the discussion makes this book essential for both scholars and practitioners interested in policing generally and privatization in particular.
[more]
THIRD PARTIES
Victims and the Criminal Justice System
Leslie Sebba
The Ohio State University Press, 1996
Tortured Subjects
Pain, Truth, and the Body in Early Modern France
Lisa Silverman
University of Chicago Press, 2001
At one time in Europe, there was a point to pain: physical suffering could be a path to redemption. This religious notion suggested that truth was lodged in the body and could be achieved through torture. In Tortured Subjects, Lisa Silverman tells the haunting story of how this idea became a fixed part of the French legal system during the early modern period.
Looking closely at the theory and practice of judicial torture in France from 1600 to 1788, the year in which it was formally abolished, Silverman revisits dossiers compiled in criminal cases, including transcripts of interrogations conducted under torture, as well as the writings of physicians and surgeons concerned with the problem of pain, records of religious confraternities, diaries and letters of witnesses to public executions, and the writings of torture's abolitionists and apologists. She contends that torture was at the center of an epistemological crisis that forced French jurists and intellectuals to reconsider the relationship between coercion and sincerity, or between free will and evidence. As the philosophical consensus on which torture rested broke down, and definitions of truth and pain shifted, so too did the foundation of torture, until by the eighteenth century, it became an indefensible practice.
Looking closely at the theory and practice of judicial torture in France from 1600 to 1788, the year in which it was formally abolished, Silverman revisits dossiers compiled in criminal cases, including transcripts of interrogations conducted under torture, as well as the writings of physicians and surgeons concerned with the problem of pain, records of religious confraternities, diaries and letters of witnesses to public executions, and the writings of torture's abolitionists and apologists. She contends that torture was at the center of an epistemological crisis that forced French jurists and intellectuals to reconsider the relationship between coercion and sincerity, or between free will and evidence. As the philosophical consensus on which torture rested broke down, and definitions of truth and pain shifted, so too did the foundation of torture, until by the eighteenth century, it became an indefensible practice.
[more]
Tough on Crime
The Rise of Punitive Populism in Latin America
Michelle Bonner
University of Pittsburgh Press, 2019
Crime and insecurity are top public policy concerns in Latin America. Political leaders offer tough-on-crime solutions that include increased policing and punishments, and decreased civilian oversight. These solutions, while apparently supported by public opinion, sit in opposition to both criminological research on crime control and human rights commitments. Moreover, many political and civil society actors disagree with such rhetoric and policies. In Tough on Crime, Bonner explores why some voices and some constructions of public opinion come to dominate public debate. Drawing on a comparative analysis of Argentina and Chile, based on over 190 in-depth interviews, and engaging the Euro-American literature on punitive populism, this book argues that a neoliberal media system and the resulting everyday practices used by journalists, state, and civil actors are central to explaining the dominance of tough-on-crime discourse.
[more]
Trading Democracy for Justice
Criminal Convictions and the Decline of Neighborhood Political Participation
Traci Burch
University of Chicago Press, 2013
The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind.
For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system.
The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.
[more]
Transformation and Trouble
Crime, Justice and Participation in Democratic South Africa
Diana Gordon
University of Michigan Press, 2006
Crime is one of the major challenges to any new democracy. Violence often increases after the lifting of authoritarian control, or in the aftermath of regime change. But how can a fledgling democracy fight crime without violating the fragile rights of its citizens? In Transformation and Trouble, accomplished theorist and criminal justice scholar Diana Gordon critically examines South Africa's efforts to strike the perilous balance between democratic participation and social control.
South Africa has made great progress in pursuing the Western ideals of participatory justice and due process. Yet Gordon finds that popular concerns about crime have fostered the growth of a punitive criminal justice system that undermines the country's rights-oriented political culture. Transformation and Trouble calls for South Africa to reaffirm its commitment to public empowerment by reforming its criminal justice system-an approach, she argues, that would strengthen the country's new democracy.
"An eloquent, critical, but ultimately optimistic, analysis of the democratization of crime and justice in post-apartheid South Africa."
--Bill Dixon, School of Criminology, Education, Sociology and Social Work, Keele University
"A must read for understanding contemporary South Africa's agonizing dilemmas as it struggles to reconcile crime control with democratic values."
--Jerome H. Skolnick, New York University School of Law
"Gordon's vast experience with criminal justice illuminates her cautionary tale of the search for a new way in south Africa."
--Paul Chevigny, New York University
Diana Gordon is Professor Emerita of Political Science and Senior Research Scholar, City University of New York.
[more]
United States District Courts and Judges of Arkansas, 1836–1960
Frances Mitchell Ross
University of Arkansas Press, 2016
The essays in United States District Courts and Judges of Arkansas, 1836–1960—one each for a judge and his decisions—come together to form a chronological history of the Arkansas judicial system as it grew from its beginnings in a frontier state to a modern institution.
The book begins with statehood and continues with Congress’s decision to expand jurisdiction of the original 1836 District Court of Arkansas to include the vast Indian Territory to the west. The territory’s formidable size and rampant lawlessness brought in an overwhelming number of cases. The situation was only somewhat mitigated in 1851, when Congress split the state into eastern and western districts, which were still served by just one judge who travelled between the two courts.
A new judgeship for the Western District was created in 1871, and new seats for that court were established, but it wasn’t until 1896 that Congress finally ended all jurisdiction of Arkansas’s Western District Court over the Indian Territory.
Contributors to this collection include judges, practicing attorneys, academics, and thoughtful and informed family members who reveal how the judges made decisions on issues involving election laws, taxes, civil rights, railroads, liquor and prohibition, quack medicine, gangsters, bankruptcy, personal injury, the draft and Selective Service, school desegregation, prisons, and more. United States District Courts and Judges of Arkansas, 1836–1960 will be of value to anyone interested in Arkansas history—particularly Arkansas legal and judicial history as it relates to the local and national issues that came before these judges.
This project was supported in part by the United States District Court for the Eastern District of Arkansas and the United States District Court for the Western District of Arkansas.
The book begins with statehood and continues with Congress’s decision to expand jurisdiction of the original 1836 District Court of Arkansas to include the vast Indian Territory to the west. The territory’s formidable size and rampant lawlessness brought in an overwhelming number of cases. The situation was only somewhat mitigated in 1851, when Congress split the state into eastern and western districts, which were still served by just one judge who travelled between the two courts.
A new judgeship for the Western District was created in 1871, and new seats for that court were established, but it wasn’t until 1896 that Congress finally ended all jurisdiction of Arkansas’s Western District Court over the Indian Territory.
Contributors to this collection include judges, practicing attorneys, academics, and thoughtful and informed family members who reveal how the judges made decisions on issues involving election laws, taxes, civil rights, railroads, liquor and prohibition, quack medicine, gangsters, bankruptcy, personal injury, the draft and Selective Service, school desegregation, prisons, and more. United States District Courts and Judges of Arkansas, 1836–1960 will be of value to anyone interested in Arkansas history—particularly Arkansas legal and judicial history as it relates to the local and national issues that came before these judges.
This project was supported in part by the United States District Court for the Eastern District of Arkansas and the United States District Court for the Western District of Arkansas.
[more]
Utah's Lawless Fringe
Stories of True Crime
Stanford J. Layton
Signature Books, 2001
It was Sunday and worship service was in progress. One of the settlers who was not attending service eyed four known outlaws passing near town. He raced to church to spread the alarm, and parishioners leaped up, grabbed their guns, and galloped off in pursuit, joined by some neighboring cattlemen. Before it was over, one of the posse was dead.
So it went on the outskirts of Utah Territory. In this case it was the little town of Bluff where the Mormon bishop served for some ten years as de facto sheriff and his congregation as deputies. As elsewhere, law and order developed organically rather than by legislation.
In this anthology several aspects of the process are considered, including one of the worst manifestations of citizen action: vigilantism. Territorial Utah witnessed more lynchings than legal executions. Another citizen trait was an unexpected indifference to vice. In 1908 Salt Lake City had 148 registered prostitutes overseen by a madam who was recruited for the position by the mayor and city council. During Prohibition one of the largest distilleries in the West operated in a Salt Lake warehouse.
What is to be learned from this? The contributors to these fourteen articles leave moral considerations to the reader’s contemplation, while providing surprises along the way in an extremely engaging—dare we say arresting—read.
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Whose Rights?
Counterterrorism and the Dark Side of American Public Opinion
Clem Brooks
Russell Sage Foundation, 2013
In the wake of the September 11 attacks, the U.S. government adopted a series of counterterrorism policies that radically altered the prevailing balance between civil liberties and security. These changes allowed for warrantless domestic surveillance, military commissions at Guantanamo Bay and even extralegal assassinations. Now, more than a decade after 9/11, these sharply contested measures appear poised to become lasting features of American government. What do Americans think about these policies? Where do they draw the line on what the government is allowed to do in the name of fighting terrorism? Drawing from a wealth of survey and experimental data, Whose Rights? explores the underlying sources of public attitudes toward the war on terror in a more detailed and comprehensive manner than has ever been attempted. In an analysis that deftly deploys the tools of political science and psychology, Whose Rights? addresses a vexing puzzle: Why does the counterterrorism agenda persist even as 9/11 recedes in time and the threat from Al Qaeda wanes? Authors Clem Brooks and Jeff Manza provocatively argue that American opinion, despite traditionally showing strong support for civil liberties, exhibits a “dark side” that tolerates illiberal policies in the face of a threat. Surveillance of American citizens, heightened airport security, the Patriot Act and targeted assassinations enjoy broad support among Americans, and these preferences have remained largely stable over the past decade. There are, however, important variations: Waterboarding and torture receive notably low levels of support, and counterterrorism activities sanctioned by formal legislation, as opposed to covert operations, tend to draw more favor. To better evaluate these trends, Whose Rights? examines the concept of “threat-priming” and finds that getting people to think about the specter of terrorism bolsters anew their willingness to support coercive measures. A series of experimental surveys also yields fascinating insight into the impact of national identity cues. When respondents are primed to think that American citizens would be targeted by harsh counterterrorism policies, support declines significantly. On the other hand, groups such as Muslims, foreigners, and people of Middle Eastern background elicit particularly negative attitudes and increase support for counterterrorism measures. Under the right conditions, Brooks and Manza show, American support for counterterrorism activities can be propelled upward by simple reminders of past terrorism plots and communication about disliked external groups. Whose Rights? convincingly argues that mass opinion plays a central role in the politics of contemporary counterterrorism policy. With their clarity and compelling evidence, Brooks and Manza offer much-needed insight into the policy responses to the defining conflict of our age and the psychological impact of terrorism.
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Why Are So Many Americans in Prison?
Steven Raphael
Russell Sage Foundation, 2013
Between 1975 and 2007, the American incarceration rate increased nearly fivefold, a historic increase that puts the United States in a league of its own among advanced economies. We incarcerate more people today than we ever have, and we stand out as the nation that most frequently uses incarceration to punish those who break the law. What factors explain the dramatic rise in incarceration rates in such a short period of time? In Why Are So Many Americans in Prison? Steven Raphael and Michael A. Stoll analyze the shocking expansion of America’s prison system and illustrate the pressing need to rethink mass incarceration in this country. Raphael and Stoll carefully evaluate changes in crime patterns, enforcement practices and sentencing laws to reach a sobering conclusion: So many Americans are in prison today because we have chosen, through our public policies, to put them there. They dispel the notion that a rise in crime rates fueled the incarceration surge; in fact, crime rates have steadily declined to all-time lows. There is also little evidence for other factors commonly offered to explain the prison boom, such as the deinstitutionalization of the mentally ill since the 1950s, changing demographics, or the crack-cocaine epidemic. By contrast, Raphael and Stoll demonstrate that legislative changes to a relatively small set of sentencing policies explain nearly all prison growth since the 1980s. So-called tough on crime laws, including mandatory minimum penalties and repeat offender statutes, have increased the propensity to punish more offenders with lengthier prison sentences. Raphael and Stoll argue that the high-incarceration regime has inflicted broad social costs, particularly among minority communities, who form a disproportionate share of the incarcerated population. Why Are So Many Americans in Prison? ends with a powerful plea to consider alternative crime control strategies, such as expanded policing, drug court programs, and sentencing law reform, which together can end our addiction to incarceration and still preserve public safety. As states confront the budgetary and social costs of the incarceration boom, Why Are So Many Americans in Prison? provides a revealing and accessible guide to the policies that created the era of mass incarceration and what we can do now to end it.
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Wicked Takes the Witness Stand
A Tale of Murder and Twisted Deceit in Northern Michigan
Mardi Link
University of Michigan Press, 2014
On a bitterly cold afternoon in December 1986, a Michigan State trooper found the frozen body of Jerry Tobias in the bed of his pickup truck. The 31-year-old oil field worker and small-time drug dealer was curled up on his side on the truck’s bare metal, pressed against the tailgate, clad only in jeans, a checkered shirt, and cowboy boots. Inside the cab of the truck was a fresh package of expensive steaks from a local butcher shop—the first lead in a case that would be quickly lost in a thicket of bungled forensics, shady prosecution, and a psychopathic star witness out for revenge.
Award-winning author Mardi Link’s third book of Michigan true crime, Wicked Takes the Witness Stand, unravels this mysterious and still unsolved case that sucked state police and local officials into a morass of perjury and cover-up and ultimately led to the separate conviction and imprisonment of five innocent men. This unbelievable story will leave the reader shocked and aching for justice.
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