Fixing This Broken Thing...The American Criminal Justice System

Fixing This Broken Thing...The American Criminal Justice System
Author: James B Bolen PhD
Publisher: Page Publishing Inc
Total Pages: 130
Release: 2020-11-07
Genre: Political Science
ISBN: 1641386959

What war on drugs? Is our government complicit in the continued proliferation of the illegal drug trade in our nation? This supposed war on drugs has been ongoing for better than one hundred years with no apparent conclusion in sight. Perhaps we should entertain a new strategy to achieve ultimate victory in this never-ending conflict.Our criminal court system provides numerous avenues for offenders to eschew responsibility for their misdeeds. Overburdened criminal courts rely heavily u

The Collapse of American Criminal Justice

The Collapse of American Criminal Justice
Author: William J. Stuntz
Publisher: Harvard University Press
Total Pages: 425
Release: 2011-09-30
Genre: History
ISBN: 0674051750

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Injustice for All

Injustice for All
Author: Chris W Surprenant
Publisher: Routledge
Total Pages: 222
Release: 2019-12-06
Genre: Philosophy
ISBN: 1000750523

American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color—not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice—including district attorneys, elected judges, the police, voters, and politicians—faces bad incentives. Local towns often would rather send people to prison on someone else’s dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it—and vote accordingly. And politicians have every incentive to cater to voters’ worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what’s considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book’s suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.

Justice for All

Justice for All
Author: Charles E 'Chuck' MacLean
Publisher: Routledge
Total Pages: 172
Release: 2022-03-30
Genre: Law
ISBN: 1000544109

Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions – from status quo to evolution to revolution – to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.

The American Criminal Justice System

The American Criminal Justice System
Author: Gerhard Falk
Publisher: Bloomsbury Publishing USA
Total Pages: 260
Release: 2010-03-11
Genre: Law
ISBN: 0313383480

This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. The American Criminal Justice System: How It Works, How It Doesn't, and How to Fix It calls attention to a criminal justice system that needs improvement. Author Gerhard Falk shows that the police themselves often violate the law; that prosecutors send innocent citizens to prison and even to death row; that defense attorneys take on cases they are not prepared to handle; that juries vote guilt or innocence on the basis of emotion, not facts; that judges are often failed attorneys or unscrupulous politicians; and that jails and prisons are too frequently warehouses of the poor. As background for his analysis, Falk discusses the history of the police, prosecutors, defense attorneys, and judges, as well as the history of prisons and "the prison industrial complex." He also offers a devastating analysis of the death penalty and its practitioners. The book ends with recommendations for the improvement of our criminal justice system so that America can truly be, as our Supreme Court proclaims, a land of "Equal Justice under Law."

Criminal Justice at the Crossroads

Criminal Justice at the Crossroads
Author: William R. Kelly
Publisher: Columbia University Press
Total Pages: 418
Release: 2015-05-05
Genre: Social Science
ISBN: 0231539223

Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.

American Criminal Justice System

American Criminal Justice System
Author: Sanford Mosgrove
Publisher: Independently Published
Total Pages: 82
Release: 2021-05-30
Genre:
ISBN:

The book presents knowledge about the All-American Justice System. The author shares legal knowledge in a way that is easier to understand. It provides guidance to help individuals, families, employers, clergy and law enforcement officials navigate the highly complex process of the judiciary in a clear and simple text.

The Machinery of Criminal Justice

The Machinery of Criminal Justice
Author: Stephanos Bibas
Publisher: Oxford University Press
Total Pages: 320
Release: 2012-02-28
Genre: Law
ISBN: 0190236760

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.

Junk Science and the American Criminal Justice System

Junk Science and the American Criminal Justice System
Author: M. Chris Fabricant
Publisher: Akashic Books
Total Pages: 349
Release: 2023-08-22
Genre: True Crime
ISBN: 1636140386

Now in an expanded paperback edition, Innocence Project attorney M. Chris Fabricant presents an insider’s journey into the heart of a broken, racist system of justice and the role junk science plays in maintaining the status quo. "Fierce and absorbing . . . Fabricant chronicles the battles he and his colleagues have fought to unravel a century of fraudulent experts and the bad court decisions that allowed them to thrive." —Washington Post From CSI to Forensic Files to the celebrated reputation of the FBI crime lab, forensic scientists have long been mythologized in American popular culture as infallible crime solvers. Juries put their faith in "expert witnesses" and innocent people have been executed as a result. Innocent people are still on death row today, condemned by junk science. In 2012, the Innocence Project began searching for prisoners convicted by junk science, and three men, each convicted of capital murder, became M. Chris Fabricant's clients. Junk Science and the American Criminal Justice System chronicles the fights to overturn their wrongful convictions and to end the use of the "science" that destroyed their lives. Weaving together courtroom battles from Mississippi to Texas to New York City and beyond, Fabricant takes the reader on a journey into the heart of a broken, racist system of justice and the role forensic science plays in maintaining the status quo. At turns gripping, enraging, illuminating, and moving, Junk Science is a meticulously researched insider's perspective of the American criminal justice system. Previously untold stories of wrongful executions, corrupt prosecutors, and quackery masquerading as science animate Fabricant’s true crime narrative. The paperback edition features a brand-new index as well as an updated introduction and final chapter chronicling the Innocence Project’s continued fight against junk science in courtrooms across America.

Charged

Charged
Author: Emily Bazelon
Publisher: Random House Trade Paperbacks
Total Pages: 450
Release: 2020-05-05
Genre: Social Science
ISBN: 039959003X

NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.