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Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system -- dominated by the police and public prosecutor -- that replaced it. He offers a major reinterpretation of criminal justice in nineteenth-century America by examining this transformation from private to state prosecution and analyzing the discontinuity between the two systems. Steinberg first establishes why the courts were the sources of law enforcement, authority, and criminal justice before the advent of the police. He shows how the city's system of private prosecution worked, adapted to massive social change, and came to dominate the culture of criminal justice even during the first decades following the introduction of the police. He then considers the dilemmas that prompted reform, beginning with the establishment of a professional police force and culminating in the restructuring of primary justice. Making extensive use of court dockets, state and municipal government publications, public speeches, personal memoirs, newspapers, and other contemporary records, Steinberg explains the intimate connections between private prosecution, the everyday lives of ordinary people, and the conduct of urban politics. He ties the history of Philadelphia's criminal courts closely to related developments in the city's social and political evolution, making a contribution not only to the study of criminal justice but also to the larger literature on urban, social, and legal history. Originally published in 1989. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system_dominated by the police and public prosecutor_that replaced it. He offers a major reinterp
Smart Decarceration is a forward-thinking, practical volume that provides innovative concepts and concrete strategies for ushering in an era of decarceration -- a proactive and effective undoing of the era of mass incarceration. The text grapples with tough questions and takes up the challenge of transforming America's approach to criminal justice in the 21st century. This timely work consists of chapters written from multiple perspectives and disciplines including advocates, researchers, academics, practitioners, and persons with incarceration histories who are now leaders in the movement. The primary purpose of this book is to inform both academic and public understanding -- to place the challenge of smart decarceration at the center of the current national discourse, taking into account the realities of the current sociopolitical context -- and to propose beginning action steps. This is achieved by first outlining and addressing questions such as: What if incarceration were not an option for most?; Whose voices are essential in this era of decarceration?; What is the state of evidence for solutions?; How do we generate and adopt empirically driven reforms?; How do we redefine and rethink justice in the United States? Smart Decarceration offers a way forward in building a field for decarceration through provocative but reasoned challenges to existing approaches to criminal justice reforms, lively focus on potential solutions, and action steps for reform.
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
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.
In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps debunk the pendulum model of American criminal justice, arguing that it distorts how and why punishment changes. From the birth of the penitentiary through recent reforms, the authors show how the struggle of players in the penal field shapes punishment.
Examines the impact of DNA technology on issues of ethics, civil liberties, privacy, and security.
This book presents a series of studies that investigate individual identity transformation from offender status to pro-social, non-offending roles highlighting the perspectives of the men and women who are current or were formerly incarcerated.
Most people think they know what ails the American criminal justice system because the experts keep telling us: Too many people go to prison-even nonviolent offenders who've committed low-level infractions. They're locked up in an overcrowded system, and they are not rehabilitated. Instead, they're reenergized to do more damage to society. Ed Barajas, who retired from the Federal Bureau of Prisons after twenty-seven years, argues that we've gotten the narrative wrong. He challenges the notion that prisons are a necessary evil at best and a shameful institution at worst. More importantly, he suggests practical and lasting solutions to solve the real problems. He also points out that the first step to fixing those problems begins with those who work for the criminal justice system remembering who they serve-the taxpayers that pay their salaries. Barajas examines how everyday citizens are partnering with the criminal justice system to reduce crime on the local level. Many of these communities are safer and more secure than ever, but they've largely gone unnoticed. While "experts" ask the wrong questions and make misguided assumptions, citizens, victims, and criminal justice professionals are transforming the system through a quiet revolution beyond the traditional calls for reform. Ed offers an insightful and comprehensive policy analysis about the state of the American criminal justice system and provokes thinking beyond traditional policy models. Moreover, he offers solutions that have been proven successful which currently are overlooked or ignored by national policymakers. -Selma Sierra, Policy Director Bingham Research Center, Utah State University I worked with Ed at the National Institute of Corrections for over a decade. His ability to see through the maze we call "corrections" was not only edifying but refreshing. He gives a clear picture, as well as solutions, to so many practices that are not working. -Rick Faulkner, President, The Faulkner Group, LLC