Genre : Social Science
Editor : Oxford University Press
Release : 2016-02-01
ISBN-13 : 9780190469207
Hardcover : 288 Pages


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The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

Genre : Political Science
Editor : Lexington Books
Release : 2017-11-08
ISBN-13 : 9781498554114
Hardcover : 208 Pages


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This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.

Genre : Law
Editor : Routledge
Release : 2021-03-04
ISBN-13 : 9781000352337
Hardcover : 248 Pages


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This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Genre : History
Editor : NYU Press
Release : 2013-04-01
ISBN-13 : 9780814764671
Hardcover : 248 Pages


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“Kann's latest tour de force explores the ambivalence, during the founding of our nation, about whether political freedom should augur sexual freedom. Tracing the roots of patriarchal sexual repression back to revolutionary America, Kann asks highly contemporary questions about the boundaries between public and private life, suggesting, provocatively, that political and sexual freedom should go hand in hand. This is a must-read for those interested in the interwining of politics, public life, and sexuality.”—Ben Agger, University of Texas at Arlington The American Revolution was fought in the name of liberty. In popular imagination, the Revolution stands for the triumph of populism and the death of patriarchal elites. But this is not the case, argues Mark E. Kann. Rather, in the aftermath of the Revolution, America developed a society and system of laws that kept patriarchal authority alive and well—especially when it came to the sex lives of citizens. In Taming Passion for the Public Good, Kann contends that that despite the rhetoric of classical liberalism, the founding generation did not trust ordinary citizens with extensive liberty. Through the policing of sex, elites sought to maintain control of individuals' private lives, ensuring that citizens would be productive, moral, and orderly in the new nation. New American elites applauded traditional marriages in which men were the public face of the family and women managed the home. They frowned on interracial and interclass sexual unions. They saw masturbation as evidence of a lack of self-control over one’s passions, and they considered prostitution the result of aggressive female sexuality. Both were punishable offenses. By seeking to police sex, elites were able to keep alive what Kann calls a “resilient patriarchy.” Under the guise of paternalism, they were able simultaneously to retain social control while espousing liberal principles, with the goal of ultimately molding the country into the new American ideal: a moral and orderly citizenry that voluntarily did what was best for the public good.

The Ethics Of Plea Bargaining by Richard L. Lippke

Genre : Law
Editor : Oxford University Press on Demand
Release : 2011
ISBN-13 : 9780199641468
Hardcover : 258 Pages


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Plea bargaining is among the most controversial practices within the US criminal justice system. It offers the accused less punishment in exchange for an admission of guilt and can impose added punishment on those who insist on going to trial. This book offers the first extended critical analysis of the ethics of the practice.

Genre : Law
Editor : OUP Oxford
Release : 2015-08-27
ISBN-13 : 9780191025877
Hardcover : 144 Pages


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The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Justice And Punishment by Matt Matravers

Genre : Law
Editor : Oxford University Press on Demand
Release : 2000-08-03
ISBN-13 : 9780198295730
Hardcover : 286 Pages


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This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadlyconceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim isthat it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified.Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justificationof punishment as intrinsic to morality itself.

The Metamorphosis Of Criminal Justice by Jacqueline S. Hodgson

Genre : Social Science
Editor : Oxford University Press
Release : 2020-03-16
ISBN-13 : 9780199981441
Hardcover : 320 Pages


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In The Metamorphosis of Criminal Justice, Jacqueline S. Hodgson focuses on the potentially radical and fundamental changes taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, Hodgson then discusses how the roles of prosecution and defense have been re-shaped in different ways in both jurisdictions--both in the text of the law and in their practices. The final section considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and in particular, the role of the defense in these procedures. By adopting an empirical and comparative approach, this book explores the nature and reach of these trends and the ways that they challenge and disrupt criminal processes and values.

Genre : Law
Editor : Studies in Penal Theory and Ph
Release : 2018-11-12
ISBN-13 : 9780190273941
Hardcover : 280 Pages


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What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Home Free by David S. Kirk

Genre : Law
Editor : Oxford University Press, USA
Release : 2020
ISBN-13 : 9780190841232
Hardcover : 240 Pages


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"This book is about building credible science to address the challenge of criminal recidivism. It does so by drawing upon a unique natural experiment that presented an opportunity to witness an alternate reality. More than 625,000 individuals are released from prison in the United States each year, and roughly half of these individuals will be back in prison within just three years. A likely contributor to the churning of the same individuals in and out of prison is the fact that many released prisoners return home to the same environment with the same criminal opportunities and criminal peers that proved so detrimental to their behavior prior to incarceration. This study uses Hurricane Katrina as a natural experiment for examining the question of whether residential relocation away from an old neighborhood can lead to desistance from crime. For many prisoners released soon after Katrina, they could not go back to their old neighborhoods as they normally would have done. Their neighborhoods were devastated by a once-a-generation storm that damaged the vast majority of housing units in New Orleans. Hurricane Katrina provided a rare opportunity to investigate what happens when individuals move not just a short distance, but to entirely different cities, counties, and social worlds. This study draws upon both quantitative and qualitative evidence to reveal where newly released prisoners resided in the wake of the Katrina, the effect of residential relocation on the likelihood of reincarceration through eight years post-release, and the mechanisms revealing why residential change is so important"--