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Updated to reflect changes in the criminal justice systems in several countries, An Introduction to Comparative Legal Models of Criminal Justice, Second Edition explores and illustrates the idea that a country‘s legal model determines the character of its police, corrections, and legal system. It focuses on how law shapes policing, including how it
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
This text provides an in-depth look at policy issues related to policing, courts, and corrections. It gives students the opportunity to look at difficult issues related to important topics, through an interesting selection of readings. Flexible in its design, the book includes twenty-seven classic and contemporary articles that promote understanding of important issues in the field and encourage readers to think critically about the links between police, politics, law and the administration of justice. Students will explore everything from the crime policies that do or do not work to the latest hot topics.
The often-tenuous relationship between law enforcement and communities of color, namely African Americans, has grown increasingly strained, and the call for justice has once again ignited the demand for criminal justice reform. Rebuilding the trust between the police and the citizens that they have sworn to protect and serve requires that criminal justice practitioners and educators collaborate with elected officials and commit to an open, ongoing dialogue on the most challenging issues that remain unresolved but demand collective attention and support. Reform measures are not limited to policing policies and practices, but rather extend throughout the criminal justice system. There is no denying that the criminal justice system as we know it is flawed, but not beyond repair. Global Perspectives on Reforming the Criminal Justice System provides in-depth and current research about the criminal justice system around the world, its many inadequacies, and why it urgently needs reformation. Offering a fully fleshed outline of the current system, this book details the newest research and is incredibly important to fully understand the flaws of the criminal justice system across the globe. The goals of this book are to improve and advance the criminal justice system by addressing the glaring weaknesses within the system and discuss potential reforms including decreasing the prison population (decarceration) and improving police/community relations. Highlighting topics that include accountability, community-oriented policing, ethics, and mass incarceration, this book is ideal for law enforcement officers, trainers/educators, government officials, policymakers, correctional officers, court officials, professionals, researchers, academicians, and students in the fields of criminal justice, criminology, sociology, psychology, addictions, mental health, social work, public policy, and public administration.
"I sought to write a criminal justice textbook whose central theme showcases the ways that criminal justice systems operate according to the at time conflicting, and at times complementary, goals of crime control and due process. With these models in mind, students can learn that the police, courts, and correctional systems can: strive toward the goal of repressing crime or ensuring procedural safeguards, focus on police power or judicial oversight, operate with efficiency and finality or skepticism and deliberation, employ a law and order or civil libertarian mentality, operate with a presumption of guilt or a presumption of innocence, be likened to an assembly line or obstacle course, appear to be conservative or liberal. Using Packer's classic formulation of the criminal justice system, Criminal Justice: Balancing Crime Control and Due Process (3rd Edition) can help students improve their critical thinking skills and evaluate why criminal justice practitioners make the decisions they do when processing criminal offenders. It is my hope that the crime control and due process models will help students organize and understand criminal justice as a system that is often characterize as decentralized, disorganized, and even chaotic."--Xiii, (Preface).