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If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
By focusing on key ideas in both criminology and criminal justice, this book brings a new and unique perspective to understanding critical research in criminology and criminal justice -- heretofore, the practice has been to separate criminology and criminal justice. However, given their interconnected nature, this book brings both together cohesively. In going beyond simply identifying and discussing key contributions and their effects by giving students a broader socio-political context for each key idea, this book concretely conceptualizes the key ideas in ways that students will remember and understand.
"Prisons are hard places to get into and harder yet to get out of," writes Robert Ellis Gordon as he takes you on a remarkable eight-year journey into the Washington State corrections system. As a writing teacher in the state¿s prisons from 1989 until 1998, Gordon had the unique experience of gaining access to the system¿s darkest realms while still being free to walk away from penitentiary confines at the end of the day. His account is aided by essays and stories contributed by six extraordinary inmates--works that give this book an unforgettable edge. Together, Gordon and his students provide revealing glimpses of this vast secret-laden subculture of incarcerated individuals, which nationwide comprises more than two million U.S. citizens. Here is a gallery of portraits of prison life, from the female guard who tantalizes male inmates with her sexuality to the terrified young fish trying to stave off other prisoners. The stories are jarring, harsh, compelling. A surprising--and frequently searing--examination of the prison experience, seen from both inside and out¿ memorable and gripping."--Kirkus Reviews
This is a collection of daring chapters on the state of the discipline. Each chapter considers a specific criminal justice or criminological problem ... new or persistent ... with fresh eyes. The contributors pull no punches: their insights are novel, salient, and sometimes controversial. A Closer Look at Criminal Justice is thematically divided into three parts. Part 1: Criminal Justice and Criminology in Education, discusses how we teach our undergraduate students about race, the way we treat our graduate students, and inmate education. We wanted to highlight criminal justice education at the university level in the first part of the book in large part because this book is best suited in the classroom, but especially because as educators, we live and breathe the importance of education. The book progresses in Part 2, Theory and Praxis, with a discussion of applicable criminological theory and research methodology in criminal justice where the goal is to highlight the importance of using theory and research as the foundation for policy positions, support, and understanding. The remaining part of the book, Persistent Issues in Criminal Justice, provides fresh insights on "old" subjects and problems in the administration of justice, such as community policing, the aging prison population, and marijuana use in the United States of America. This book is best suited in senior seminars, capstone, or contemporary issues courses; master's level classes on the criminal justice system; and is also important for faculty members and doctoral students with a vested interest in the current tempo of criminal justice practice, research, education, and thought. Reading this book, students and scholars should have a better idea of the current issues facing our discipline, particularly those issues that do not get as much exposure as others.
"Private Prosecution in America is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how "private prosecutors" were once a mainstay of early American criminal procedure. Private prosecutors-acting on their own behalf, as next of kin, or though retained counsel-initiated prosecutions, presented evidence in court, and sought the punishment of offenders. Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed"--