115 books match the query 'Criminal Law' and 9 start with a

cover of A Century of Juvenile Justice

A Century of Juvenile Justice

Edited by Margaret K. Rosenheim, Franklin E. Zimring, David S. Tanenhaus, and Be

University of Chicago Press, 2002

Since its inception in Illinois in 1899, the juvenile court has become a remarkable legal and social institution all over the developed world, one that plays a singular role in modern government. At its founding, the juvenile court was intended to reverse longstanding legal traditions, and place the child's interests first in areas of law ranging from dependency to delinquency. Yet in recent years legal responses to youths' offences have undergone striking changes, as more juveniles are being transferred to adult courts and serving adult sentences.

A Century of Juvenile Justice is the first standard, comprehensive and comparative reference work to span the history and current state of juvenile justice. An extraordinary assemblage of leading authorities have produced a accessible, illustrated document, designed as a reference for everyone from probation personnel and police to students, educators, lawyers, and social workers.

Editors' introductions place into context each of the book's five sections, which consider the history of the ideas around which the system was organized and the institutions and practices that resulted; the ways in which this set of institutions and practices interacts with other aspects of government policy toward children in the U.S. and in other nations; and also the ways in which changing social and legal meanings of childhood and youth have continued to influence juvenile justice. The doctrine and institutions of juvenile justice in Europe, Japan, England, and Scotland are profiled in depth to show the range of modern responses to youth crime and child endangerment. This comparative material provides a fresh basis for judging the direction of policy in the U.S.

Margaret K. Rosenheim is the Helen Ross professor Emerita in the School of Social Service Administration of the University of Chicago. Franklin Zimring is Professor of Law and Director of the Earl Warren Legal Institute at the University of California, Berkeley. David S. Tanenhaus is Assistant Professor of History at the University of Nevada, Las Vegas. Bernardine Dohrn is Director of the Children and Family Justice Center of Northwestern University Law School.

Contributors:
Anthony Bottoms
Jaap Doek
Bernardine Dohrn
Peter Edelman
John Eekelaar
David Farrington
Frank Furstenberg
Michael Grossberg
John Laub
Paul Lerman
Rolf Loeber
Akira Morita
Margaret K. Rosenheim
Elizabeth Scott
David S. Tanenhaus
Lee Teitelbaum
Mark Testa
Franklin E. Zimring
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cover of A Courageous Fool: Marie Deans and Her Struggle against the Death Penalty

A Courageous Fool

Marie Deans and Her Struggle against the Death Penalty

Todd C. Peppers

Vanderbilt University Press, 2017

There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances--including the murder of her beloved mother-in-law--into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the "machinery of death."

Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
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cover of A Pound of Flesh: Monetary Sanctions as Punishment for the Poor

A Pound of Flesh

Monetary Sanctions as Punishment for the Poor

Alexes Harris

Russell Sage Foundation, 2016

Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality.

Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification.

A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time.

A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

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cover of Affective Justice: The International Criminal Court and the Pan-Africanist Pushback

Affective Justice

The International Criminal Court and the Pan-Africanist Pushback

Kamari Maxine Clarke

Duke University Press, 2019

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
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cover of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Against Prediction

Profiling, Policing, and Punishing in an Actuarial Age

Bernard E. Harcourt

University of Chicago Press, 2006

From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime.

In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.

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cover of Among the Lowest of the Dead: The Culture of Capital Punishment

Among the Lowest of the Dead

The Culture of Capital Punishment

David Von Drehle

University of Michigan Press, 2010

Thorough and unbiased, Among the Lowest of the Dead is a gripping narrative that provides an unprecedented journalistic look into the actual workings of the capital punishment system.

"Has all the tension of the best true crime stories . . . This is journalism at its best."
--Library Journal

"A compelling argument against capital punishment. . . . Examining politicians, judges (including Supreme Court Justices), prosecutors, defense attorneys and the condemned themselves, the author makes an effective case that, despite new laws, execution is no less a lottery than it has always been."
--Publishers Weekly

"In a fine and important book, Von Drehle writes elegantly and powerfully. . . . Anyone certain of their opinion about the death penalty ought to read this book."
-- Booklist

"An extremely well-informed and richly insightful book of great value to students of the death penalty as well as intelligent general readers with a serious interest in the subject, Among the Lowest of the Dead is also exciting reading. The book is an ideal guide for new generations of readers who want to form knowledgeable judgments in the continuing--and recently accelerating--controversies about capital punishment."
--Anthony Amsterdam, New York University

"Among the Lowest of the Dead is a powerfully written and meticulously researched book that makes an invaluable contribution to the growing public dialogue about capital punishment in America. It's one of those rare books that bridges the gap between mass audiences and scholarly disciplines, the latter including sociology, political science, criminology and journalism. The book is required reading in my Investigative Journalism classes--and my students love it!"
--David Protess, Northwestern University

"Among The Lowest of the Dead deserves a permanent place in the literature as literature, and is most relevant to today's death penalty debate as we moderate advocates and abolitionists search for common ground."
--Robert Blecker, New York Law School

David Von Drehle is Senior Writer, The Washington Post and author of Triangle: The Fire that Changed America.
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cover of An American Travesty: Legal Responses to Adolescent Sexual Offending

An American Travesty

Legal Responses to Adolescent Sexual Offending

Franklin E. Zimring

University of Chicago Press, 2004

An American Travesty is the first scholarly book in half a century to analyze the justice system’s response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.

“An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.”—Law and Politics Book Review

“One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.”—Barry Krisberg, President, National Council on Crime and Delinquency

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cover of Anatomy of a Trial: Public Loss, Lessons Learned from The People vs. O.J. Simpson

Anatomy of a Trial

Public Loss, Lessons Learned from The People vs. O.J. Simpson

Jerrianne Hayslett

University of Missouri Press, 2008

The People vs. O. J. Simpson ranks indisputably as the trial of the century. It featured a double murder, a celebrity defendant, a perjuring witness, and a glove that didn’t fit. The trial became a media circus of outrageous proportions that led the judge to sequester the jury, eject disruptive reporters, and fine the lawyers thousands of dollars. Now an insider at The People vs. O. J. Simpson reveals the untold story of the most widely followed trial in American history and the indelible impact it has had on the judiciary, the media, and the public.
 
            As the Los Angeles Superior Court’s media liaison, Jerrianne Hayslett had unprecedented access to the trial—and met with Judge Lance Ito daily—as she attempted, sometimes unsuccessfully, to mediate between the court and members of the media and to balance their interests. In Anatomy of a Trial, she takes readers behind the scenes to shed new light on people and proceedings and to show how the media and the trial participants changed the court-media landscape to the detriment of the public’s understanding of the judicial system.
 
            For those who think they’ve already read all there is to know about the Simpson trial, this book is an eye-opener. Hayslett kept a detailed journal during the proceedings in which she recorded anecdotes and commentary. She also shares previously undisclosed information to expose some of the myths and stereotypes perpetuated by the trial, while affirming other stories that emerged during that time. By examining this trial after more than a decade, she shows how it has produced a bunker mentality in the judicial system, shaping media and public access to courts with lasting impact on such factors as cameras in the courtroom, jury selection, admonishments from the bench, and fair-trial/free-press tensions.
 
The first account of the trial written with Judge Ito’s cooperation, Anatomy of a Trial is a page-turning narrative and features photographs that capture both the drama of the courtroom and the excesses of the media. It also includes perspectives of legal and journalism authorities and offers a blueprint for how the courts and media can better meet their responsibilities to the public.
 
Even today, judges, lawyers, and journalists across the country say the Simpson trial changed everything. This book finally tells us why.
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cover of Aquinas on Crime

Aquinas on Crime

Charles P. Nemeth

St. Augustine's Press, 2008

Not much escapes the intellect and imagination of the Angelic Doctor, St. Thomas Aquinas. Whether it be love, children, education, moral reasoning, happiness or the proper dispositions for human existence, St. Thomas seems an expert in all of it. Crime and criminal conduct are no exceptions to this general tendency with him. Not only does he have much to say about it, what he relates is perpetually fresh and surely the bedrock of what is now taken for granted. In this short treatise, the focus targets St. Thomas’s criminal codification – his law of crimes.

Indeed the magnanimity of his crimes code is a subject matter not yet treated in any detail in the scholarly literature. While parts and pieces are covered in many quarters, the literature has yet to develop a systematic, codified examination of Thomistic criminal law. The essence of the endeavor is threefold: first, how does St. Thomas factor the nature of the human person into the concept of criminal culpability and personal responsibility; second, what types of criminal conduct does St. Thomas specifically delineate and define; and lastly, what is Thomas’s view of mitigation and defense, as well as the corresponding punishment meted out for criminal conduct? This short commentary zeroes in on Thomistic Criminal Law – a project which will illuminate the root, the heritage and the foundation of modern criminal codification.

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