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Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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.
A compelling examination of the highly criticized use of long-term solitary confinement in Philadelphia's Eastern State Penitentiary during the nineteenth century.
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.
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.
Sentencing guidelines, adopted by many states in recent decades, are intended to eliminate the impact of bias based on factors ranging from a criminal?s ethnicity or gender to the county in which he or she was convicted. But have these guidelines achieved their goal of ?fair punishment?? And how do the concerns of local courts shape sentencing under guidelines? In this comprehensive examination of the development, reform, and application of sentencing guidelines in one of the first states to employ them, John Kramer and Jeffery Ulmer offer a nuanced analysis of the complexities involved in administering justice.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.