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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.
Criminal Law: Problems, Statutes, and Cases combines effective, innovative teaching methods, such as the use of problems and visual materials, with cases, including recent opinions on bias intimidation, possession of child pornography, threatening speech on social media, and theft of computer code. Key features include: A problem methodology. The book incorporates problem methodology with extensive use of problems, many based on recent cases. A statutory approach. A primary goal of the book is teaching skills in interpreting and, to a lesser degree, writing statutes. Visual materials. Visual materials include: (1) diagrammed crimes; (2) graphic exercises, such as having students create a timeline to compare and contrast various tests for the conduct element in attempt; and (3) video clip recommendations from a wide range of movies and TV shows such as The Wire and Breaking Bad.
Issues in Criminal Justice: A Reader for Critical Thought provides students with scholarly articles that address a variety of challenges within the criminal justice system. The anthology exposes readers to a spectrum of diverse perspectives and is intended to inspire thoughtful consideration and lively debate regarding aspects, concepts, and viewpoints related to criminal justice. The text is organized into six units that address topics often discussed in introductory criminal justice courses. Each unit addresses a major element associated with the criminal justice system and features an introduction, readings, and discussion questions. The units explore the structure and management of the criminal justice system, policing and law enforcement, the judicial system, punishment and corrections, juvenile justice, and victimology. Specific issues include the prison industrial complex, the use of police body cameras, mental health courts, reform and retrenchment in juvenile justice, elder abuse, and more. Designed to foster critical thinking skills, Issues in Criminal Justice is ideal for senior-level capstones or seminars and upper-division or graduate-level courses with focus on contemporary issues in the discipline. M.L. Dantzker holds doctoral degrees in urban studies/administration/criminal justice and clinical psychology from the University of Texas-Arlington and Walden University, respectively. He is a professor of criminal justice at The University of Texas Rio Grande Valley. Dr. Dantzker is a licensed professional counselor and has over 30 years of experience within the criminal justice system. Rosalva Resendiz holds a Ph.D. in sociology/social (dis)organization/theory from Texas Woman's University. She is an associate professor of criminal justice at The University of Texas Rio Grande Valley. Dr. Resendiz is a critical criminologist with a focus on gender, intersectionality, identity politics, border studies, and social justice.
Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.
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 book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
Many of these ideas were first presented at a national symposium in criminal law at Arizona State University in 1974, under the auspices of the Law Enforcement Assistance Administration.
Most major crime in this country emanates from two major data sources. The FBI's Uniform Crime Reports has collected information on crimes known to the police and arrests from local and state jurisdictions throughout the country. The National Crime Victimization Survey, a general population survey designed to cover the extent, nature, and consequences of criminal victimization, has been conducted annually since the early1970s. This workshop was designed to consider similarities and differences in the methodological problems encountered by the survey and criminal justice research communities and what might be the best focus for the research community. In addition to comparing and contrasting the methodological issues associated with self-report surveys and official records, the workshop explored methods for obtaining accurate self-reports on sensitive questions about crime events, estimating crime and victimization in rural counties and townships and developing unbiased prevalence and incidence rates for rate events among population subgroups.
Dimensions of Justice: Ethical Issues in the Administration of Criminal Law is the only textbook of its kind that addresses these questions of justice from an institutional perspective. Thought-provoking features, including Thought Experiments boxes that present imagined scenarios to illustrate the principles under discussion and Justice in Context boxes that consider the real-life applications of concepts, along with clearly presented learning objectives, create a strong foundation in key concepts, pertinent vocabulary, and critical-thinking and reasoning skills. Readers are introduced to moral reasoning and the underpinnings of philosophical approaches to justice, including readings from critical philosophers such as Aristotle, Augustine, Locke, Kant, and Rawls.