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.

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.

Congress and Crime

Congress and Crime
Author: Joseph F. Zimmerman
Publisher: Lexington Books
Total Pages: 177
Release: 2014-08-06
Genre: Political Science
ISBN: 0739198076

Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.

Restorative Justice & Responsive Regulation

Restorative Justice & Responsive Regulation
Author: John Braithwaite
Publisher: Oxford University Press, USA
Total Pages: 334
Release: 2002
Genre: Business & Economics
ISBN: 0195158393

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Crimes of Mobility

Crimes of Mobility
Author: Ana Aliverti
Publisher:
Total Pages: 0
Release: 2015-06-08
Genre: Criminal justice, Administration of
ISBN: 9780415839228

This book examines the role of criminal law in the enforcement of immigration controls in the UK, critically analyses the process of formal criminalization of immigration status, and explores whether and how these offences are enforced in practice.

Legitimacy and Compliance in Criminal Justice

Legitimacy and Compliance in Criminal Justice
Author: Adam Crawford
Publisher: Routledge
Total Pages: 231
Release: 2013
Genre: Law
ISBN: 0415671558

This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.

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.

Lesbianism and the Criminal Law

Lesbianism and the Criminal Law
Author: Caroline Derry
Publisher: Springer Nature
Total Pages: 335
Release: 2020-01-11
Genre: Social Science
ISBN: 3030353001

This book offers a comprehensive examination of the ways in which the criminal justice system of England and Wales has regulated, and failed or refused to regulate, lesbianism. It identifies the overarching approach as one of silencing: lesbianism has not only been ignored or regarded as unimaginable, but was deliberately excluded from legal discourses. A series of case studies ranging from 1746 to 2013 from parliamentary debates to individual prosecutions shed light on the complex process of regulation through silencing. They illuminate its evolution over three centuries and explore when and why it has been breached. The answers Derry uncovers can be fully understood only in the context of surrounding social and legal developments which are also considered. Lesbianism and the Criminal Law makes an important contribution to the growing bodies of literature on feminism, sexuality and the law and the legal history of sexual offences.

Criminal Law for Police Officers

Criminal Law for Police Officers
Author: Neil C. Chamelin
Publisher: Prentice Hall
Total Pages: 330
Release: 1987
Genre: Law
ISBN: 9780131929807

The ninth edition of Criminal Law for Police Officers presents the historical concepts fundamental to understanding criminal law. The book is written in a non-legalese format, which makes it very student friendly. Areas covered include jurisdiction, matters of responsibility and accountability, and general principles about the criminal act. Book jacket.