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This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant
The vice president and former San Francisco district attorney presents her vision for smart criminal justice and public safety. Before she became the vice president of the United States, Kamala Harris was committed to fighting crime as a prosecutor in San Francisco’s Hall of Justice. Originally published in 2009, Smart on Crime shares her insight and offers a new approach designed to end the cycle of repeat offenders. Harris shatters the old distinctions rooted in false choices and myths. She presents practical solutions for making the criminal justice system truly—not just rhetorically—tough. Smart on Crime spells out the policy shifts required to increase public safety, reduce costs, and strengthen our communities.
With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. »» Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together,as police have traditionally done—produces a significant number of incorrect identifications. »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.Justice demands no less.
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.
The #1 New York Times bestseller From Vice President Kamala Harris, one of America's most inspiring political leaders, comes a book about the core truths that unite us and how best to act upon them. "A life story that genuinely entrances." —Los Angeles Times “An engaging read that provides insights into the influences of [Harris’s] life...Revealing and even endearing.” —San Francisco Chronicle The daughter of immigrants and civil rights activists, Vice President Kamala Harris was raised in an Oakland, California, community that cared deeply about social justice. As she rose to prominence as one of the political leaders of our time, her experiences would become her guiding light as she grappled with an array of complex issues and learned to bring a voice to the voiceless. In The Truths We Hold, she reckons with the big challenges we face together. Drawing on the hard-won wisdom and insight from her own career and the work of those who have most inspired her, she communicates a vision of shared struggle, shared purpose, and shared values as we confront the great work of our day.
Argues that racial profiling by police officers, highway troopers, and customs officials is morally reprehensible and does not help catch criminals, but rather contributes to the moral decay of American society.
Unlike other textbooks on the subject, Criminal Justice Policy and Planning: Planned Change, Fifth Edition, presents a comprehensive and structured account of the process of administering planned change in the criminal justice system. Welsh and Harris detail a simple yet sophisticated seven-stage model, which offers students and practitioners a full account of program and policy development from beginning to end. The authors thoughtfully discuss the steps: analyzing a problem; setting goals and objectives; designing the program or policy; action planning; implementing and monitoring; evaluating outcomes; and reassessing and reviewing. Within these steps, students focus on performing essential procedures, such as conducting a systems analysis, specifying an impact model, identifying target populations, making cost projections, collecting monitoring data, and performing evaluations. In reviewing these steps and procedures, students can develop a full appreciation for the challenges inherent in the process and understand the tools that they require to meet those challenges. To provide for a greater understanding of the material, the text uses a wide array of real-life case studies and examples of programs and policies. Examples include policies such as Restorative Justice, Justice Reinvestment, Stop-and-Frisk, and the Brady Act, and programs such as drug courts, community-based violence prevention, and halfway houses. By examining the successes and failures of various innovations, the authors demonstrate both the ability of rational planning to make successful improvements and the tendency of unplanned change to result in undesirable outcomes. The result is a powerful argument for the use of logic, deliberation, and collaboration in criminal justice innovations.
Police departments across the country have begun to embrace a new approach to law enforcement based on accountability to citizens, better leadership, and collaboration with the communities they serve. Standing in marked contrast to “Ashcroft policing,” these new strategies are exactly what police need both to make the streets of our cities and towns safer, and to prevent terrorism. David Harris, law professor and nationally known expert on police profiling, has spent the last five years visiting police forces across the country, collecting examples of smart, progressive law enforcement. Drawing on successful strategies currently in use in Detroit, Boston, San Diego, and other cities and towns all over the country, all of which have reduced crime without infringing on civil rights, Harris here unveils the concept of “preventive policing,” a term he has coined to meld these strategies into a new vision for good cops. From preventive policing’s founding principles to its real-world applications, Harris shows that the solutions to reducing crime, fighting terror, and preserving civil liberties are within reach—if only the Department of Justice will listen.
Three years into the investigation of a horrific homicide case, a suburban home invasion murder of a wife and mother and point-blank shootings of her infant, husband, and father-in-law, the prosecutor slowly realizes that he and the police have been totally wrong about one of his capital murder defendants and reverses course. A former New York City cop whose exploits inspired TV's Kojak has come out of retirement to solve a baffling murder mystery. Super-sleuth Thomas Cavanagh, 79, cleared the prime suspect in the case -- and fingered the real suspect. Cavanagh was sunning himself by the pool at his Florida home when his son Brian, a prosecutor in Fort Lauderdale, called. "Dad, I have a problem with this case," Brian said. "What should I do?" --Globe Magazine UNTIL PROVEN INNOCENT begins with a night 911 call from a woman gasping her last breaths. When police arrived at the house they found her dead, stabbed, and her husband, infant, and father-in-law all shot point-blank. They would survive. Minutes later, a man also called 911, a gunman had released him from a robbery at the same house. He said he knew of no violence before he left. Yet he was the only one who the gunman hadn't tried to kill. Police instantly suspected him. That night and long after, police tried to shake the man, Chuck Panoyan, who insisted he didn't know who the gunman was. Police guessed right. A tip led them to the gunman, and that led to a cross-country trip Panoyan took to see him. Both were arrested, and prosecutor Brian Cavanagh won a death penalty indictment against them both. But in pretrial, Panoyan's attorneys unraveled Cavanagh's case against their client. No longer certain Panoyan was guilty, Cavanagh reached No Man's Land: his choice was to let the jury sort it out, or admit he was wrong about Panoyan for now three years. Cavanagh's dad Tom was a retired NYPD lieutenant who'd had a double murder he couldn't solve, then at another precinct a suspect confessed. Tom recognized it had been coerced and quietly asked his detectives if they could prove it wrong. When they did, the case became famous for police integrity. A TV movie and series renamed Tom's character: Kojak. Years later, son Brian was at a similar turning point, but Panoyan wouldn't open up to him. Who was the only one could make Panoyan comfortable enough to talk? The old man, the real-life Kojak, Tom Cavanagh.
A searing and entertaining manifesto on the ills of the criminal justice system from two of America’s most prominent defense attorneys. From the rise of the Internet and the 24-hour news cycle to the television ratings bonanza of the O.J. Simpson trial, a perfect storm of media coverage has given the public an unprecedented look inside the courtroom, kicking off popular courtroom shows and TV legal commentary that further illuminate how the criminal justice system operates. Or has it? In Mistrial, Mark Geragos and Pat Harris debunk the myths of judges as Solomon-like figures, jurors as impartial arbiters of the truth, and prosecutors as super-ethical heroes. Mistrial draws the curtain on the court’s ugly realities—from stealth jurors who secretly swing for a conviction, to cops who regularly lie on the witness stand, to defense attorneys terrified of going to trial. Ultimately, the authors question whether a justice system model drawn up two centuries ago before blogs and television is still viable today. In the aftermath of recent high-profile cases, the flaws in America’s justice system are more glaring than ever. Geragos and Harris are legal experts and prominent criminal defense attorneys who have worked on everything from celebrity media-circuses—having represented clients like Michael Jackson, Winona Ryder, Scott Peterson, Chris Brown, Susan MacDougal, and Gary Condit—to equally compelling cases defending individuals desperate to avoid the spotlight. Shining unprecedented light on what really goes on in the courtroom, Mistrial is an enjoyable, fun look at a system that rarely lets you see behind the scenes.