Extending Federal Powers Over Crime
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Violent Crime Control and Law Enforcement Act of 1994
Author | : United States |
Publisher | : |
Total Pages | : 356 |
Release | : 1994 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Hate Crimes
Author | : James B. Jacobs |
Publisher | : Oxford University Press |
Total Pages | : 224 |
Release | : 2000-12-28 |
Genre | : Law |
ISBN | : 0190286318 |
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.
Extending the Rule-making Power to Federal Criminal Procedure
Author | : Homer Stillé Cummings |
Publisher | : |
Total Pages | : 16 |
Release | : 1938 |
Genre | : Civil procedure |
ISBN | : |
United States Attorneys' Manual
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
The War On Our Freedoms
Author | : Richard C Leone |
Publisher | : PublicAffairs |
Total Pages | : 338 |
Release | : 2008-08-06 |
Genre | : History |
ISBN | : 0786725540 |
In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.
The Patriot Act
Author | : Lauri S. Friedman |
Publisher | : Greenhaven Press, Incorporated |
Total Pages | : 100 |
Release | : 2006 |
Genre | : Education |
ISBN | : 9780737735253 |
Examines six controversial essays that debate the issue of the Patriot Act, and includes model essays, sidebar notes and guided exercises.
Reform of the Federal Criminal Laws
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures |
Publisher | : |
Total Pages | : 2014 |
Release | : 1971 |
Genre | : Criminal law |
ISBN | : |
Federal Preemption of State and Local Law
Author | : James T. O'Reilly |
Publisher | : American Bar Association |
Total Pages | : 252 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317440 |
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Reform of the Federal Criminal Laws: Provisions relating to attempt, complicity, conspiracy, drugs, government operations, Indians, insanity, intoxication, jurisdiction, national security, obscenity, and offenses against the person
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures |
Publisher | : |
Total Pages | : 892 |
Release | : 1971 |
Genre | : Criminal law |
ISBN | : |