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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
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First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
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.
“Brenda Wineapple’s wonderful account of the Scopes trial sheds light not only on the battles of the past but on the struggles of the present.”—Jon Meacham In this magnificent book, award-winning author of The Impeachers brings to life the dramatic story of the 1925 Scopes trial, which captivated the nation and exposed profound divisions in America that still resonate today—divisions over the meaning of freedom, religion, education, censorship, and civil liberties in a democracy. “Propulsive . . . a terrific story about a pivotal moment in our history.”—Ken Burns “No subject possesses the minds of men like religious bigotry and hate, and these fires are being lighted today in America.” So said legendary attorney Clarence Darrow as hundreds of people descended on the sleepy town of Dayton, Tennessee, for the trial of a schoolteacher named John T. Scopes, who was charged with breaking the law by teaching evolution to his biology class in a public school. Brenda Wineapple explores how and why the Scopes trial quickly seemed a circus-like media sensation, drawing massive crowds and worldwide attention. Darrow, a brilliant and controversial lawyer, said in his electrifying defense of Scopes that people should be free to think, worship, and learn. William Jennings Bryan, three-time Democratic nominee for president, argued for the prosecution that evolution undermined the fundamental, literal truth of the Bible and created a society without morals, meaning, and hope. In Keeping the Faith, Wineapple takes us into the early years of the twentieth century—years of racism, intolerance, and world war—to illuminate, through this pivotal legal showdown, a seismic period in American history. At its heart, the Scopes trial dramatized conflicts over many of the fundamental values that define America, and that continue to divide Americans today.
One of the New York Times’s Best Books of the 21st Century Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
Exploring Criminal Justice: The Essentials provides an extensive overview of the American criminal justice system in a concise and accessible format. This engaging text examines the people and processes that make up the system and how they interact. It also covers the historic context and modern features of the criminal justice system and encourages students to think about how current events in crime affect their everyday lives. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition.
"First published over ten years ago, Snitching has become known as the "informant bible," a leading text for advocates, attorneys, journalists, and scholars. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff's own work"--