Rebooting Justice

Rebooting Justice
Author: Benjamin H. Barton
Publisher: Encounter Books
Total Pages: 198
Release: 2017-08-01
Genre: Law
ISBN: 1594039348

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.

Usual Cruelty

Usual Cruelty
Author: Alec Karakatsanis
Publisher:
Total Pages: 0
Release: 2025-01-14
Genre: Law
ISBN: 9781620979143

A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.

Reforming Juvenile Justice

Reforming Juvenile Justice
Author: National Research Council
Publisher: National Academies Press
Total Pages: 463
Release: 2013-05-22
Genre: Law
ISBN: 0309278937

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

The Politics of Court Reform

The Politics of Court Reform
Author: Melissa Crouch
Publisher: Cambridge University Press
Total Pages: 449
Release: 2019-09-19
Genre: Law
ISBN: 1108493467

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Prison by Any Other Name

Prison by Any Other Name
Author: Maya Schenwar
Publisher: The New Press
Total Pages: 237
Release: 2021-09-07
Genre: Law
ISBN: 162097701X

With a new afterword from the authors, the critically praised indictment of widely embraced “alternatives to incarceration” Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data driven surveillance. Extended probation. These are some of the key alternatives held up as cost effective substitutes for jails and prisons. But in a searing, “cogent critique” (Library Journal), Maya Schenwar and Victoria Law reveal that many of these so-called reforms actually weave in new strands of punishment and control, bringing new populations who would not otherwise have been subject to imprisonment under physical control by the state. Whether readers are seasoned abolitionists or are newly interested in sensible alternatives to retrograde policing and criminal justice policies and approaches, this highly praised book offers “a wealth of critical insights” that will help readers “tread carefully through the dizzying terrain of a world turned upside down” and “make sense of what should take the place of mass incarceration” (The Brooklyn Rail). With a foreword by Michelle Alexander, Prison by Any Other Name exposes how a kinder narrative of reform is effectively obscuring an agenda of social control, challenging us to question the ways we replicate the status quo when pursuing change, and offering a bolder vision for truly alternative justice practices.

Handbook of Issues in Criminal Justice Reform in the United States

Handbook of Issues in Criminal Justice Reform in the United States
Author: Elizabeth Jeglic
Publisher: Springer Nature
Total Pages: 767
Release: 2021-12-04
Genre: Social Science
ISBN: 3030775658

This handbook provides a holistic and comprehensive examination of issues related to criminal justice reform in the United States from a multidisciplinary perspective. Divided into five key domains of reform in the criminal justice system, it analyzes: - Policing - Policy and sentencing - Reentry - Treatment - Alternatives to incarceration Each section provides a history and overview of the domain within the criminal justice system, followed by chapters discussing issues integral to reform. The volume emphasizes decreasing incarceration and minimizing racial, ethnic and economic inequalities. Each section ends with tangible recommendations, based on evidence-based approaches for reform. Of interest to researchers, scholars, activists and policy makers, this unique volume offers a pathway for the future of criminal justice reform in the United States.

Judicial Reform in Taiwan

Judicial Reform in Taiwan
Author: Neil Chisholm
Publisher: Routledge
Total Pages: 453
Release: 2019-11-04
Genre: Social Science
ISBN: 1135008280

This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Prisoners of Politics

Prisoners of Politics
Author: Rachel Elise Barkow
Publisher: Harvard University Press
Total Pages: 305
Release: 2019-03-04
Genre: Law
ISBN: 0674919238

America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.