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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.
Covering some of the most hotly contested topics in crime and criminal justice, including proposed sentencing and prison reforms, controversial developments like Stand Your Ground laws, and Supreme Court decisions, this work supplies essential background, current data, and a range of viewpoints on these important issues. Should people be able to use lethal force before retreating? What are the arguments for and against executing mentally ill inmates? Should police always need warrants to search individuals or their property? How can we best hold accountable white collar offenders? Why do men perpetrate crime at higher rates than women? This two-volume set grapples with the answers to these complex questions and many more, enabling readers to better understand current crime/punishment issues within the context of America's ever-evolving culture, economy, and politics. This multidisciplinary reference work offers a current and thorough compilation of the most important and hotly contested topics related to crime and criminal justice. Organized alphabetically, each entry presents scholarly research and authoritative sources to inform readers about the subject.
Researchers at US universities and various institutes explore the impact that developments in information technology have had on the criminal justice system over the past several decades. They explain that computers and information technology are more than a set of tools to accomplish a set of tasks, but must be considered an integral component of
David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare ′like with like′, and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people′s systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.
This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
This book sets an agenda for the development of historical approaches to criminology. It defines ‘historical criminology’, explores its characteristic strengths and limitations, and considers its potential to enhance, revise and fundamentally challenge dominant modes of thinking about crime and social responses to crime. It considers the following questions: What is historical criminology? What does thinking historically about crime and justice entail? How is historical criminology currently practised? What are the advantages and disadvantages of different approaches to historical criminology? How can historical criminology reshape understandings of crime and social responses to crime? How does thinking historically bear upon major theoretical, conceptual and methodological questions in criminological research? What does thinking historically have to offer criminological scholarship more broadly, and the uses of criminology in the public realm? In this book, Churchill, Yeomans and Channing situate ‘historical thinking’ at the heart of historical criminology, reveal the value of historical research to criminology and argue that criminologists across the field have much to gain from engaging in historical thinking in a more regular and sustained way. This book is essential reading for all criminologists, as well as students taking courses on theories, concepts and methods in criminology.
California¿s Criminal Justice System, Third Edition, shares the history, purpose, structure, and procedures of California¿s criminal justice system. It begins with conversations about the state of crime in California, the demographics of crime, and the practices of legislative actions and direct democracy in creating state laws. The book includes discussions of criminal justice policies as well as criminal justice institutions such as policing, courts, corrections, and the juvenile justice system. Each chapter is authored by an expert in the field and highlights some of the current issues, challenges, and controversies facing California¿s criminal justice system. The authors also highlight some of the current criminal justice policies and controversies within the state, including gun policy, sex crime policy, drug policy, capital punishment, realignment, gangs, and victims¿ rights. In addition, the authors include discussions on a variety of different employment opportunities related to criminal justice and the occupational outlook for these positions. This text is appropriate for undergraduate students in introductory courses on criminal justice, law, and government, and can be used either as a supplemental text or as a stand-alone resource for students.
In his impassioned-yet-measured book, Rafael A. Mangual offers an incisive critique of America's increasingly radical criminal justice reform movement, and makes a convincing case against the pursuit of "justice" through mass-decarceration and depolicing. After a summer of violent protests in 2020--sparked by the deaths of George Floyd, Breonna Taylor, and Rayshard Brooks--a dangerously false narrative gained mainstream acceptance: Criminal justice in the United States is overly punitive and racially oppressive. But, the harshest and loudest condemnations of incarceration, policing, and prosecution are often shallow and at odds with the available data. And the significant harms caused by this false narrative are borne by those who can least afford them: black and brown people who are disproportionately the victims of serious crimes. In Criminal (In)Justice, Rafael A. Mangual offers a more balanced understanding of American criminal justice, and cautions against discarding traditional crime control measures. A powerful combination of research, data-driven policy journalism, and the author's lived experiences, this book explains what many reform advocates get wrong, and illustrates how the misguided commitment to leniency places America's most vulnerable communities at risk. The stakes of this moment are incredibly high. Ongoing debates over criminal justice reform have the potential to transform our society for a generation--for better or for worse. Grappling with the data--and the sometimes harsh realities they reflect--is the surest way to minimize the all-too-common injustices plaguing neighborhoods that can least afford them.
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.