The Solution To An Injustice In Trials
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| Author | : Sinclair Banks |
| Publisher | : Sinclair Banks |
| Total Pages | : 690 |
| Release | : 2019-03-01 |
| Genre | : Law |
| ISBN | : 0578462206 |
This 664 page law and logic book contains the most comprehensive and detailed description of the composition of argument ad hominem ever published, revealing this form of argument to be a far broader fallacy than was previously known. Like perjury, argument ad hominem can deceive juries and cause unjust trial verdicts. There is, fortunately, already a criminal law against perjury, but, unfortunately, there is currently no law that expressly prohibits argument ad hominem in trials. The book includes the text of a proposed criminal law that expressly prohibits argument ad hominem in trials, and shows the necessity of such a law to counter effectively this quite common form of injustice in jury trials. For more description of the book's content and to view the dust jacket please visit sinclairbanks.com/author.
| Author | : Adam Benforado |
| Publisher | : Crown |
| Total Pages | : 402 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0770437761 |
A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.
| Author | : Amy Bach |
| Publisher | : Macmillan |
| Total Pages | : 328 |
| Release | : 2009-09 |
| Genre | : Law |
| ISBN | : 9780805074475 |
From an award-winning lawyer-reporter, a radically new explanation for America’s failing justice system The stories of grave injustice are all too familiar: the lawyer who sleeps through a trial, the false confessions, the convictions of the innocent. Less visible is the chronic injustice meted out daily by a profoundly defective system. In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to any reform. Full of gripping human stories, sharp analyses, and a crusader’s sense of urgency, Ordinary Injustice is a major reassessment of the health of the nation’s courtrooms.
| 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.
| Author | : Joel Cohen |
| Publisher | : |
| Total Pages | : 288 |
| Release | : 2017 |
| Genre | : Judicial error |
| ISBN | : 9781634258104 |
However rare, some injustices are "objectively" determined, often through DNA evidence, which allows us to squarely establish innocence despite a conviction. But the stories selected for this book represent a cross-section: some are such that (almost) every reader will see and acknowledge the wrong, and some interviews may leave the readers scratching his head, wondering "what was the author thinking?" By speaking with those impacted by injustices that occurred over the last 60 years--during the 1950s at the height of McCarthyism, the 1980s in Louisiana and New York when race played a large a role in how justice was dispensed and how the media portrayed the participants, the aftermath of 9/11 when many were prepared to believe the worst, and the time shortly before the Supreme Court decided that marriage could be granted to same-sex couples--this book requires readers to look at injustice in the context of our times. The stories told by the participants themselves give the reader insight into the challenges of dispensing, and even commenting on, justice. The author asks difficult questions: Is there an injustice when the game seems to have been played fairly, but the System still got it wrong? Is it an injustice when a jury, properly charged with the evidence fairly presented, convicts the wrong man? Or when people, so passionate in their own point of view, use over-the-top tactics to persuade others of their position? These interviews add to the important--and what must be ongoing--conversation about injustice in America
| Author | : Nicole Gonzalez Van Cleve |
| Publisher | : Stanford University Press |
| Total Pages | : 269 |
| Release | : 2016-05-24 |
| Genre | : Law |
| ISBN | : 0804799202 |
Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
| Author | : Nigel Tubbs |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 321 |
| Release | : 2021-09-09 |
| Genre | : Philosophy |
| ISBN | : 1350053724 |
Named by Rowan Williams as one of his Books of the Year (2021) in the New Statesman. Socrates On Trial tells of Socrates's return to a modern city that is plagued by prejudice, privilege and populism. On resuming his questioning in the agora he is arrested, interrogated by his prosecutors, questioned by his Judge, and confessed to by his inquisitor. On a Festival Day, he explores a new model for the just city --a city based not on mastery but on learning --before offering a new apology to the court that will, once again, decide his fate. This new/old Socrates offers the city a renewed vision of justice by reconceptualizing the meaning and significance of thinking and education. From the force of Socratic questioning, he unfolds a different logic of truth, freedom, and justice. His conversations exert a gravitational force that draws key cultural elements of the city -- property, wealth, money, family, essence, gendered and racialized identities, production, distribution and consumption -- into its educational orbit. At stake here is the vulnerability of modern democracy to authoritarian leaders and their sponsors. Influenced by sophisticated propaganda people's frustration with democracy is channeled into visceral anger on the one hand, and into disillusioned scepticism and cynicism on the other. Belief in truth and education collapses in exhaustion and fatigue, caught in the headlights of seemingly irresolvable and petrifying rational paradoxes that block all paths to social justice. Socrates On Trial, describing the return of Socrates to the modern city, heralds a new education for such a city.
| Author | : Noura Erakat |
| Publisher | : Stanford University Press |
| Total Pages | : 405 |
| Release | : 2019-04-23 |
| Genre | : History |
| ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
| Author | : Chris Surprenant |
| Publisher | : Routledge |
| Total Pages | : 232 |
| 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.
| Author | : Tommie Shelby |
| Publisher | : Harvard University Press |
| Total Pages | : 353 |
| Release | : 2016-11 |
| Genre | : Philosophy |
| ISBN | : 0674970500 |
Winner of the Spitz Prize, Conference for the Study of Political Thought Winner of the North American Society for Social Philosophy Book Award Why do American ghettos persist? Scholars and commentators often identify some factor—such as single motherhood, joblessness, or violent street crime—as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban poor as moral agents responding to injustice. “Provocative...[Shelby] doesn’t lay out a jobs program or a housing initiative. Indeed, as he freely admits, he offers ‘no new political strategies or policy proposals.’ What he aims to do instead is both more abstract and more radical: to challenge the assumption, common to liberals and conservatives alike, that ghettos are ‘problems’ best addressed with narrowly targeted government programs or civic interventions. For Shelby, ghettos are something more troubling and less tractable: symptoms of the ‘systemic injustice’ of the United States. They represent not aberrant dysfunction but the natural workings of a deeply unfair scheme. The only real solution, in this way of thinking, is the ‘fundamental reform of the basic structure of our society.’” —James Ryerson, New York Times Book Review
