The Impact of Regulatory Law on American Criminal Justice

The Impact of Regulatory Law on American Criminal Justice
Author: Vincent Del Castillo
Publisher:
Total Pages: 0
Release: 2012
Genre: Criminal justice, Administration of
ISBN: 9781611630640

The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.

The Impact of Regulatory Criminal Law on American Criminal Justice

The Impact of Regulatory Criminal Law on American Criminal Justice
Author: Vincent Del Castillo
Publisher: Carolina Academic Press LLC
Total Pages: 0
Release: 2019
Genre: Administrative law
ISBN: 9781531013424

The second editon of The Impact of Regulatory Criminal Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory criminal law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are regulatory criminal laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory criminal laws, particularly those dealing with drugs, prostitution, and firearms and the evolution of their enforcement over time. The effect of regulatory criminal law enforcement on each part of the criminal justice system, the police, courts and corrections, is examined in the second section of the book. The final section provides insight into societal outcomes associated with the enforcement of regulatory criminal laws. The book reveals a number of unanticipated consequences resulting from regulatory criminal laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process all violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process, thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Nevertheless, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory criminal law include police corruption, overcrowded prisons, and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates, and the perpetuation of a social underclass.

Law as Punishment / Law as Regulation

Law as Punishment / Law as Regulation
Author: Austin Sarat
Publisher: Stanford University Press
Total Pages: 257
Release: 2011-08-29
Genre: Law
ISBN: 0804782113

Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.

Locking Up Our Own

Locking Up Our Own
Author: James Forman, Jr.
Publisher: Farrar, Straus and Giroux
Total Pages: 321
Release: 2017-04-18
Genre: Social Science
ISBN: 0374712905

WINNER OF THE PULITZER PRIZE FOR GENERAL NON-FICTON ONE OF THE NEW YORK TIMES BOOK REVIEWS' 10 BEST BOOKS LONG-LISTED FOR THE NATIONAL BOOK AWARD FINALIST, CURRENT INTEREST CATEGORY, LOS ANGELES TIMES BOOK PRIZES "Locking Up Our Own is an engaging, insightful, and provocative reexamination of over-incarceration in the black community. James Forman Jr. carefully exposes the complexities of crime, criminal justice, and race. What he illuminates should not be ignored." —Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative "A beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded." —Trevor Noah, The Daily Show Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of color. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation’s urban centers. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

ABA Standards for Criminal Justice

ABA Standards for Criminal Justice
Author: American Bar Association
Publisher:
Total Pages: 151
Release: 1999-01-01
Genre: Criminal justice, Administration of
ISBN: 9781570737138

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Suicide and Its Impact on the Criminal Justice System

Suicide and Its Impact on the Criminal Justice System
Author: Elizabeth Kelley
Publisher:
Total Pages: 249
Release: 2022-05-02
Genre: Law
ISBN: 9781641059862

"The book is about NON-custodial suicide, i.e., people within the criminal justice system committing suicide, including defendants and lawyers"--

Prisoners of Politics

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

A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged

The Challenge of Crime in a Free Society

The Challenge of Crime in a Free Society
Author: United States. President's Commission on Law Enforcement and Administration of Justice
Publisher:
Total Pages: 368
Release: 1967
Genre: Crime
ISBN:

This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.