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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.
This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
This book traces the lived experiences of women lawbreakers in the state of Pennsylvania from 1820 to 1860 through the records of more than six thousand criminal court cases. By following these women from the perpetration of their crimes through the state’s efforts to punish and reform them, Erica Rhodes Hayden places them at the center of their own stories. Women constituted a small percentage of those tried in courtrooms and sentenced to prison terms during the nineteenth century, yet their experiences offer valuable insight into the era’s criminal justice system. Hayden illuminates how criminal punishment and reform intersected with larger social issues of the time, including questions of race, class, and gender, and reveals how women prisoners actively influenced their situation despite class disparities. Hayden’s focus on recovering the individual experiences of women in the criminal justice system across the state of Pennsylvania marks a significant shift from studies that focus on the structure and leadership of penal institutions and reform organizations in urban centers. Troublesome Women advances our understanding of female crime and punishment in the antebellum period and challenges preconceived notions of nineteenth-century womanhood. Scholars of women’s history and the history of crime and punishment, as well as those interested in Pennsylvania history, will benefit greatly from Hayden’s thorough and fascinating research.
Troubled Experiment exposes the difference between glowing reputation and grim reality of crime in early Pennsylvania. The plight of lawmakers and magistrates, and the sufferings of victims, women, children, and minorities take their places in this tragedy. The authors conclude that through this lens, we see the troubled future of America.
Facing criminal charges? Your future is at stake. When you are accused of a crime, you go from being treated like a good citizen, neighbor, mother, father, co-worker, and friend to an accused criminal. Any interaction with the criminal justice system can you leave you feeling hopeless and helpless. Rather than understanding the facts and circumstances of each case and treating each individual with dignity and respect, our system has evolved to favor one-size-fits-all solutions and mass incarceration. When you are charged with a crime in Pennsylvania the case is given a title-Commonwealth v. [insert the name of the Defendant here]. The very name of the case emphasizes the reality of the challenge. Anyone facing criminal charges is fighting to defend their freedom and future against the full weight and power of the government of the Commonwealth of Pennsylvania. If you are in that situation it really does feel like it is the Commonwealth v. You. Based on almost two decades of criminal litigation experience and participation in hundreds of criminal investigations and trials, a former active duty military officer, prosecutor, and trial attorney, provides an inside look at Pennsylvania's criminal justice system. The Commonwealth v. You is a practical guide for anyone who is under investigation or facing criminal charges. About the Author R. Davis Younts is an attorney, author, and founder of a law firm focused on military law and criminal defense. Younts served on active duty in the United States Air Force Judge Advocate General's Corps for over a decade. A former prosecutor and experienced trial attorney, Younts represents military clients throughout the United States and around the world. Learn more about the services he offers at www.yountslaw.com.
This book provides an overview of the criminal justice system of the United States. It is intended to provide the introductory student a concise yet balanced introduction to the workings of the legal system as well as policing, courts, corrections, and juvenile justice. Six chapters, each divided into five sections, provide the reader a consistent, comfortable format as well as providing the instructor with a consistent framework for ease of instructional design.
Pennsylvania's Criminal Justice System provides a comprehensive overview of the crime trends, criminal law, and the criminal and juvenile justice processes within the Commonwealth. The text describes the structure and role of the state's federal, state, and local level police, courts, and corrections agencies. Also addressed in the book are crime victim services within Pennsylvania, as well as the important rights afforded to victims through the Crime Victim's Act and other legislation. This text affords the undergraduate student reader a deep understanding of the structure and processes of Pennsylvania's criminal justice system - far beyond that which can be provided by a generic, non- state-specific text. The book is also an excellent resource for law students who anticipate practicing within the Commonwealth.
It has long been known that the pathway through the criminal justice system for those with mental health needs is fraught with difficulty. This interdisciplinary collection explores key issues in mental health, crime and criminal justice, including: offenders' rights; intervention designs; desistance; health-informed approaches to offending and the medical needs of offenders; psychological jurisprudence, and; collaborative and multi-agency practice. This volume draws on the knowledge of professionals and academics working in this field internationally, as well as the experience of service users. It offers a solution-focused response to these issues, and promotes both equality and quality of experience for service users. It will be essential reading for practitioners, scholars and students with an interest in forensic mental health and criminal justice.
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.