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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.
"This comprehensive, engaging, and highly-illustrative book bridges the gap between the theoretical presentations of criminal procedure and the practical realities of working in the field. Appreciating that, for many readers, the text will be their first formal introduction to the subject, the text provides students with a thorough, yet very readable, introduction to the essential and most-relevant terms, doctrines, cases, and procedures that govern many procedures of today's criminal justice system"--
Bringing criminal law to life. Criminal Law Today, Fifth Edition, brings criminal law to life by relating it to real stories from today's headlines. The text's approach is strongly influenced by the belief that the law has always been, and remains, a vital policy-making tool. As a topic for study and discussion, the nature and life of the law is more important today than ever before. The text highlights the challenges that face the law as it continues to adapt to the needs of a complex and rapidly changing society and features a balanced text/casebook approach that provides a lively introduction to criminal law. Effective in-text learning tools give students the resources they need to master the material presented in the text. MyCJLab was designed to meet the needs of today's instructors and students. MyCJLab provides instructors with a rich and flexible set of course materials, along with course management tools that make it easy to deliver all or a portion of your course online. MyCJLab provides students with a personalized interactive learning environment, where they can learn at their own pace and measure their progress.
American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts
Distributive principles of criminal law -- Habitual offender statutes -- Death penalty -- Legality requirement -- Provocation/extreme emotional disturbance -- Felony murder -- Causation -- Transferred intent -- Consent to injury -- Mental illness negating an offense element (MINOE) -- Attempt -- Complicity -- Complicity liability of co-conspirators -- Lesser evils/necessity defense -- Self-defense -- Law enforcement authority -- Insanity defense -- Immaturity defense -- Statute of limitations -- Exclusionary rule -- Entrapment defense -- Criminalizing risk creation -- Statutory rape -- Domestic violence, spousal rape exemption -- Stalking and harassment -- Child neglect -- Deceptive business practices -- Extortion -- Adultery -- Criminal obscenity -- Child pornography -- Drug offenses -- Firearms possession offenses -- Antitrust predatory pricing -- Organized crime -- Fixing sporting events -- Extradition -- Jurisdiction
This contemporary, comprehensive, case-driven book from award-winning teacher Matthew Lippman covers the constitutional foundation of criminal procedure and includes numerous cases selected for their appeal to today’s students. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Fourth Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts. Fully updated throughout, the Fourth Edition includes today’s most recent legal developments and decisions. Features and Benefits A chapter-opening vignette drawn from a case in the chapter gets students immediately involved in the content that follows. Test Your Knowledge questions at the beginning of each chapter help students activate prior knowledge read with purpose for topics they don't yet know. Edited cases introduced by clear and accessible descriptions provide students with concrete examples and illustrations and expose them to the actual documents that have shaped the American criminal justice system. Additional edited cases are available on the student study website. Legal Equations offer visual overviews of the laws and concepts discussed in the text. Questions after each case reinforce learning and help students uncover the key points. Criminal Procedure in the News excerpts expose students to contemporary developments in the law through current events. Chapter Summaries and Chapter Review Questions help students prepare for exams. A chapter-ending Legal Terminology section with corresponding Glossary helps students master the vocabulary of the criminal justice system. New to this Edition A number of significant, new U.S. Supreme Court decisions are now cases discussed in the book, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination, and effective assistance of counsel, search and seizure, juries, plea bargaining, the exclusionary rule, pretrial motions, and habeas corpus. Features. The content includes a new Test Your Knowledge feature and a number of new You Decide and Criminal Procedure in the News features that explore crucial topics such as police use of deadly force, the second amendment and gun control, a defendant’s right to a bail, racial bias in jury deliberations, searches of electronic devices, and much more. Topics. Several new topics have been added or expanded to reflect their growing impact on criminal procedure. These topics include technology and the home, police use of cell-site location information and body cameras, patterns and trends of Terry stops in major cities across the US, individuals being arrested for “Walking While Black,” racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and the continued operation of the detention facilities at Guantanamo.
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process.