Unlike casebooks, this title provides rich narrative detail of the human stories -- and the social, political, and legal contexts -- of notable Supreme Court cases on criminal justice. It includes details not available elsewhere, and offers the insights of respected scholars who are experts on the particular cases and issues they address. This book will greatly enhance the teaching both of police practices (a.k.a "Cops and Robbers") and of criminal adjudication (a.k.a "Bail to Jail")
"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--
Criminal Procedures: Cases, Statutes, and Executive Materials, Sixth Edition is noted for its comprehensive coverage and excellent selection and editing of cases and materials. The book is known for its special focus on a rich selection of materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. The new Sixth Edition retains the casebook’s engaging writing style and division of materials into “teachable chunks.” Updated cases are chosen for their contemporary accuracy and feel to complement essential cases of historical value. Taken together, the principal materials highlight procedural variety, focus on real process topics, provide the political context, and consider the impact of procedures on the various parties involved. The scholarly expertise and experience of the authors is especially reflected in the Criminal Procedure II materials, which includes coverage of prosecutorial charging, plea bargaining, and sentencing. Their frequent use of Problems gives instructors options for applying concepts and doctrines in realistic practice settings. New to the Sixth Edition: Two new authors join the editorial team: Jenia Iontcheva Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law. With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. As experienced and celebrated classroom teachers, both Professors Turner and Levine bring closer attention to student learning needs in every chapter of the book. More examples and discussion demonstrate the effects of new technologies on criminal procedure. A revamped Chapter 1 offers a deeper exploration of competing models of policing and useful background about policing organizations. Reorganized Chapters 2 and 7 introduce students to the shifting analytical frameworks that the U.S. Supreme Court now employs to evaluate searches in the context of technological devices that store and collect large amounts of data. Chapter 6 relies on current newsworthy debates about police use of force to explore the alternatives and supplements to the exclusionary rule remedy. A revamped Chapter 12 surveys the major changes in the use of money bail and risk assessment algorithms, previewing the prospects for further system reforms. Chapter 13 covers newsworthy recent changes in the charging policies and diversion practices of prosecutors’ offices, especially those in urban areas such as Philadelphia. Chapter 17 expands its coverage of the tensions between fair trials and public trials, including new materials on public access to court files and statistics. A refocused Chapter 19 provides a more detailed and vivid portrait of sentencing hearings and the use of risk assessment instruments. Professors and students will benefit from: Materials that support class discussion, including criminal court actors beyond the Justices of the U.S. Supreme Court: the vision is “street level federalism” Materials that portray for students the range of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends A supporting website that offers exemplar documents from legal practice, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions Intuitive organization—tracking the typical sequence of events in criminal investigations and in the criminal courts—that makes it easy to see connections among different areas of the law
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
This book tells the stories of nine iconic trials. The themes of these cases include treason, racial justice, the death penalty, fraud, personal rights, women's rights, product safety, and corporate misdeeds. The chapters show lawyers at work, creating a relationship with a litigant seeking justice, and then taking that claim into the courtroom. These chapters are excellent vehicles for teaching all the elements of trial advocacy, including jury selection, opening statement, direct and cross-examination, use of expert testimony, and closing argument. The book shows us that advocacy does make a difference, and that advocacy skills can be taught and learned.
Superman, Batman, Daredevil, and Wonder Woman are iconic cultural figures that embody values of order, fairness, justice, and retribution. Comic Book Crime digs deep into these and other celebrated characters, providing a comprehensive understanding of crime and justice in contemporary American comic books. This is a world where justice is delivered, where heroes save ordinary citizens from certain doom, where evil is easily identified and thwarted by powers far greater than mere mortals could possess. Nickie Phillips and Staci Strobl explore these representations and show that comic books, as a historically important American cultural medium, participate in both reflecting and shaping an American ideological identity that is often focused on ideas of the apocalypse, utopia, retribution, and nationalism. Through an analysis of approximately 200 comic books sold from 2002 to 2010, as well as several years of immersion in comic book fan culture, Phillips and Strobl reveal the kinds of themes and plots popular comics feature in a post-9/11 context. They discuss heroes’ calculations of “deathworthiness,” or who should be killed in meting out justice, and how these judgments have as much to do with the hero’s character as they do with the actions of the villains. This fascinating volume also analyzes how class, race, ethnicity, gender, and sexual orientation are used to construct difference for both the heroes and the villains in ways that are both conservative and progressive. Engaging, sharp, and insightful, Comic Book Crime is a fresh take on the very meaning of truth, justice, and the American way.
An anonymous barrister offers a shocking, darkly comic and very moving journey through the legal system – and explains how it's failing all of us. The Sunday Times number one bestseller. Winner of the Books are My Bag Non-Fiction Award. Shortlisted for Waterstones Book of the Year. Shortlisted for Specsavers Non-Fiction Book of the Year. You may not wish to think about it, but one day you or someone you love will almost certainly appear in a criminal courtroom. You might be a juror, a victim, a witness or – perhaps through no fault of your own – a defendant. Whatever your role, you’d expect a fair trial. I’m a barrister. I work in the criminal justice system, and every day I see how fairness is not guaranteed. Too often the system fails those it is meant to protect. The innocent are wronged and the guilty allowed to walk free. In The Secret Barrister: Stories of the Law and How It's Broken I want to share some stories from my daily life to show you how the system is broken, who broke it and why we should start caring before it’s too late. A Sunday Times top ten bestseller for twenty-four weeks. ‘Eye-opening, funny and horrifying’ – Observer ‘Everyone who has any interest in public life should read it’ – Daily Mail
A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.
