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This criminal justice textbook concentrates on that area of corrections law that specifically concerns the legal rights of convicted offenders, whether they are incarcerated in prisons or jails or serving time in a community corrections program on probation or parole. It does not address other areas of law that also affect correctional officials such as employment or business law. Among the topics are sentencing, First Amendment rights of access to the courts and free expression, the use of force, the Eighth Amendment, jails and prisoner litigation and reform, and probation and parole. -- Publisher's description.
Product Description: The Legal Rights of the Convicted is a comprehensive examination of the legal rights of convicted offenders, including offenders who are incarcerated, on probation, or paroled. While it highlights significant U.S. Supreme Court decisions, it also discusses interesting and significant lower court cases involving prisoners rights. Belbot and Hemmens do more than present court cases and legal doctrines. They provide both the historical and political context in which the decisions were rendered. They demonstrate the evolution of the prisoners rights movement in the U.S. and its relationship to the civil rights movement and how recent political developments have shaped the way courts analyze the issues and how the U.S. Congress has responded. The text is especially good at helping students appreciate the prison environment and how the legal issues that prisoners raise are impacted by that unique setting. The text introduces students to the place where law intersects with corrections and has cross appeal to students of corrections, law, and the sociology of law.
When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Working with the Innocence Movement and Leigh Stubbs-a woman denied a fair trial largely due to her sexual orientation-a former federal prosecutor weaves Leigh's story through the broader story of a broken criminal system.
The evidence that people are wrongly convicted in the American criminal justice system has been growing and is arguably a systemic problem. Westervelt and Humphrey (both in sociology, U. of North Carolina) present 14 essays that explore the causes and social characteristics of wrongful convictions, while also offering case studies and discussions of solutions to the problem. Among the topics explored are the role of informants, the reasons behind false confessions, police misconduct, racial bias , the effectiveness of counsel, and the death penalty. Annotation copyrighted by Book News Inc., Portland, OR
Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.
One of the most significant Supreme Court cases in U.S. history has its roots in Arizona and is closely tied to the stateÕs leading legal figures. Miranda has become a household word; now Gary Stuart tells the inside story of this famous case, and with it the legal history of the accusedÕs right to counsel and silence. Ernesto Miranda was an uneducated Hispanic man arrested in 1963 in connection with a series of sexual assaults, to which he confessed within hours. He was convicted not on the strength of eyewitness testimony or physical evidence but almost entirely because he had incriminated himself without knowing itÑand without knowing that he didnÕt have to. MirandaÕs lawyers, John P. Frank and John F. Flynn, were among the most prominent in the state, and their work soon focused the entire country on the issue of their clientÕs rights. A 1966 Supreme Court decision held that MirandaÕs rights had been violated and resulted in the now-famous "Miranda warnings." Stuart personally knows many of the figures involved in Miranda, and here he unravels its complex history, revealing how the defense attorneys created the argument brought before the Court and analyzing the competing societal interests involved in the case. He considers Miranda's aftermathÑnot only the test cases and ongoing political and legal debate but also what happened to Ernesto Miranda. He then updates the story to the Supreme CourtÕs 2000 Dickerson decision upholding Miranda and considers its implications for cases in the wake of 9/11 and the rights of suspected terrorists. Interviews with 24 individuals directly concerned with the decisionÑlawyers, judges, and police officers, as well as suspects, scholars, and ordinary citizensÑoffer observations on the caseÕs impact on law enforcement and on the rights of the accused. Ten years after the decision in the case that bears his name, Ernesto Miranda was murdered in a knife fight at a Phoenix bar, and his suspected killer was "Mirandized" before confessing to the crime. Miranda: The Story of AmericaÕs Right to Remain Silent considers the legacy of that case and its fate in the twenty-first century as we face new challenges in the criminal justice system.
Report of the American Bar Foundation's survey of the adminstration of criminal justice in the United States.