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Criminal Justice in America: The Politics Behind the System provides an introduction to the American system of criminal justice, with politics as its underlying theme. The basic premise is that the criminal justice system in the United States is primarily a function of the political system. The political system creates the laws, agencies, and processes that make up the criminal justice system, thus, the two are inherently related to each other. One cannot truly understand the make-up and workings of the justice system without understanding the role politics plays in creating and altering that system. Marion introduces the basic concepts and components of criminal justice, with the book's underlying theme surrounding politics. Some basic political science concepts are included in the book, such as federalism and power, which are then related to criminal justice in order to explore how the two fields are indeed related to one another. The actions of political actors that affect criminal justice, both elected (president, Congress, the courts) and non-elected (bureaucracies, media, campaigns and elections, interest groups) are described. This is an underlying theme however, and not the primary emphasis of the book. The book covers crime in the United States, the American system of policing, the courts, and corrections system. There is also a chapter on victims of crime and anti-crime initiatives. Intended for introductory courses, this book is informal and easy to read. Each chapter has boxes that provide additional information on a person or topic relevant to the chapter, relevant web sites, discussion questions, a list of important terms to assist students in learning the materials, and an outline to help students organize the material more clearly.
A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Why has America experienced an explosion in crime rates since 1960? Why has the crime rate dropped in recent years? Though politicians are always ready both to take the credit for crime reduction and to exploit grisly headlines for short-term political gain, these questions remain among the most important-and most difficult to answer-in America today. In Crime & Politics, award-winning journalist Ted Gest gives readers the inside story of how crime policy is formulated inside the Washington beltway and state capitols, why we've had cycle after cycle of ineffective federal legislation, and where promising reforms might lead us in the future. Gest examines how politicians first made crime a national rather than a local issue, beginning with Lyndon Johnson's crime commission and the landmark anti-crime law of 1968 and continuing right up to such present-day measures as "three strikes" laws, mandatory sentencing, and community policing. Gest exposes a lack of consistent leadership, backroom partisan politics, and the rush to embrace simplistic solutions as the main causes for why Federal and state crime programs have failed to make our streets safe. But he also explores how the media aid and abet this trend by featuring lurid crimes that simultaneously frighten the public and encourage candidates to offer another round of quick-fix solutions. Drawing on extensive research and including interviews with Edwin Meese, Janet Reno, Joseph Biden, Ted Kennedy, and William Webster, Crime & Politics uncovers the real reasons why America continues to struggle with the crime problem and shows how we do a better job in the future.
The criminal justice system is framed predominantly by notions of justice, as well as the creation of policies that will most effectively prevent and/or punish crime. The pedagogy of criminal justice often overlooks the expenditures that are necessary to enact these policies or how people actually benefit from the creation of these policies. While there is certainly a relationship between fiscal concerns and criminal justice policy, this relationship is oftentimes mediated by a political process that is dictated by stereotypical views of crime, as well as outright mythology concerning the nature of criminality. Thus, the purpose of this book is to address these issues, by concentrating on the different sectors of the criminal justice system and what effect money and politics have on these sectors. The topics covered in the textbook include determining the costs of crime, the fear of crime and crime myths, how theory affects paradigms of criminal justice regarding money and politics, federalism and the criminal justice system, interests groups that affect criminal justice policy, policing, corrections, and courts. In the concluding chapter, we pose the question of what should the relationship be between criminal justice policy, politics, and money. PowerPoint slides are available upon adoption. Sample slides from the full 206-slide presentation are available to view here. Email [email protected] for more information. "A sound introduction and discussion of criminal justice policy matters, as it relates to American political practices and financial considerations." -- Philip D. McCormack, Criminal Justice Review "...the authors present a many-layered review of the components of this system and the myriad factors influencing criminal justice policy...with extensive scholarly annotation and study aids--such as chapter outlines, learning objectives, lists of key terms/people and sample discussion questions--this book is a ready-made resource for academic use in college courses related to criminal justice, political science, sociology or law. It is also thought-provoking for criminal justice leaders and legislative policymakers at local, state, and federal levels, as well as anyone involved in criminal justice who desires a broad contextual view of their profession in contemporary times." -- David Bornus, Corrections Today Vol. 79, No. 2
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.
The attention devoted to the unprecedented levels of imprisonment in the United States obscure an obvious but understudied aspect of criminal justice: there is no consistent punishment policy across the U.S. It is up to individual states to administer their criminal justice systems, and the differences among them are vast. For example, while some states enforce mandatory minimum sentencing, some even implementing harsh and degrading practices, others rely on community sanctions. What accounts for these differences? The Politics of Imprisonment seeks to document and explain variation in American penal sanctioning, drawing out the larger lessons for America's overreliance on imprisonment. Grounding her study in a comparison of how California, Washington, and New York each developed distinctive penal regimes in the late 1960s and early 1970s--a critical period in the history of crime control policy and a time of unsettling social change--Vanessa Barker concretely demonstrates that subtle but crucial differences in political institutions, democratic traditions, and social trust shape the way American states punish offenders. Barker argues that the apparent link between public participation, punitiveness, and harsh justice is not universal but dependent upon the varying institutional contexts and patterns of civic engagement within the U.S. and across liberal democracies. A bracing examination of the relationship between punishment and democracy, The Politics of Imprisonment not only suggests that increased public participation in the political process can support and sustain less coercive penal regimes, but also warns that it is precisely a lack of civic engagement that may underpin mass incarceration in the United States.