Restitution In Criminal Justice A Critical Assessment Of Sanctions
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A Pound of Flesh
Author | : Alexes Harris |
Publisher | : Russell Sage Foundation |
Total Pages | : 265 |
Release | : 2016-06-08 |
Genre | : Social Science |
ISBN | : 1610448553 |
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
Task Force Report
Author | : United States. President's Commission on Law Enforcement and Administration of Justice |
Publisher | : |
Total Pages | : 258 |
Release | : 1967 |
Genre | : Crime |
ISBN | : |
United States Attorneys' Manual
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
Economic Sanctions in Criminal Justice
Author | : R. Barry Ruback |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2021 |
Genre | : Psychology |
ISBN | : 0190682582 |
"Justice is expensive. So is injustice. These kinds of judgments are usually made in terms of money, and an economic focus makes sense in the context of criminal law and procedure, since money has long played a role in how society deals with unlawful behavior. These economic sanctions, the court-imposed financial obligations that follow a criminal conviction, are useful because they apply a metric that is understood by everyone. The notion of using money as a means of resolving criminal and civil problems goes back almost four thousand years, to the Code of Hammurabi (Van Ness, 1990), and there are several Biblical injunctions regarding payment after crimes. In the Middle Ages, victims were entitled to compensation for injuries (adjusted for their rank in society), and by the twelfth century, the king was entitled to a fee for administering the system (Klein, 1997)"--
Handbook on Restorative Justice Programmes
Author | : Yvon Dandurand |
Publisher | : United Nations Publications |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9789211337549 |
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
What Works (and Doesn't) in Reducing Recidivism
Author | : Edward J. Latessa |
Publisher | : Routledge |
Total Pages | : 269 |
Release | : 2014-09-19 |
Genre | : Political Science |
ISBN | : 1317521358 |
This book offers criminologists and students an evidence-based discussion of the latest trends in corrections. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective at reducing recidivism among criminal offenders. However, researchers also recognize that treatment is not a "one size fits all" approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses implementation issues as practitioners move from theory to practice, as well as the importance of staff, leadership and evaluation efforts.
Model Rules of Professional Conduct
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.
Alternatives to Prison Sentences
Author | : J. Junger-Tas |
Publisher | : Kugler Publications |
Total Pages | : 120 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9789062991112 |
This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.