Criminal Courts

A Contemporary Perspective
Author: Craig Hemmens,David C. Brody,Cassia Spohn
Publisher: SAGE Publications
ISBN: 1483317226
Category: Social Science
Page: 536
View: 7432

Written by three leaders in the field, this comprehensive and accessible text for undergraduate courses explores all conventional topics (court structure, courtroom actors, and the trial and appeal process) as well as others seldom covered. The text first reviews the judicial function, the role and purpose of law, sources of law, the various types of law, and the American court system structure and operations, both state and federal. The participants in the system are discussed next, followed by the pretrial, trial, and posttrial processes. A wealth of pedagogical tools adds valuable related content, ranging from the points of view of court process participants to comparative information to hotly debated topics.

Criminal Courts

Structure, Process, and Issues
Author: Richard D. Hartley,Gary A. Rabe,Dean J. Champion
Publisher: Prentice Hall
ISBN: 9780133779745
Category: Law
Page: 408
View: 1319

A comprehensive examination of the criminal court system and the processing of defendants From the actors in the system, including judges, prosecutors, and defense attorneys, through the sentencing and appeals process, Criminal Courts provides comprehensive coverage of the United States Criminal Court systems in a succinct, readable approach. It examines issues confronting the system from historical, philosophical, sociological, and psychological perspectives, and throughout there are comparisons of court ideals with what actually happens in the courts. Comprehensive coverage of the processing of offenders from when they are arrested and charged with crimes, to when they are convicted and sentenced is presented, and throughout the text, practical, real-life applications of the topics and issues give the material meaning. Included to enhance learning are: evidence-based chapter openings that provide context to the chapter's material, boxes that discuss relevant case law, chapter summaries to reiterate the chapter learning objectives, and policy-oriented critical thinking exercises based on current issues facing the system.

American Criminal Courts

Legal Process and Social Context
Author: Casey Welch,John Randolph Fuller
Publisher: Routledge
ISBN: 145572811X
Category: Law
Page: 614
View: 8152

American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts

Transforming Summary Justice

Modernisation in the Lower Criminal Courts
Author: Jenni Ward
Publisher: Routledge
ISBN: 1317539451
Category: Social Science
Page: 164
View: 2936

Sweeping changes are being introduced into the lower-tier magistrates’ courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of ‘lay justice’. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.

Misdemeanorland

Criminal Courts and Social Control in an Age of Broken Windows Policing
Author: Issa Kohler-Hausmann
Publisher: Princeton University Press
ISBN: 1400890357
Category: Social Science
Page: 328
View: 9616

An in-depth look at the consequences of New York City’s dramatically expanded policing of low-level offenses Felony conviction and mass incarceration attract considerable media attention these days, yet the most common criminal-justice encounters are for misdemeanors, not felonies, and the most common outcome is not prison. In the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. Misdemeanorland is the first book to document the fates of the hundreds of thousands of people hauled into lower criminal courts as part of this policing experiment. Drawing on three years of fieldwork inside and outside of the courtroom, in-depth interviews, and analysis of trends in arrests and dispositions of misdemeanors going back three decades, Issa Kohler-Hausmann argues that lower courts have largely abandoned the adjudicative model of criminal law administration in which questions of factual guilt and legal punishment drive case outcomes. Due to the sheer volume of arrests, lower courts have adopted a managerial model--and the implications are troubling. Kohler-Hausmann shows how significant volumes of people are marked, tested, and subjected to surveillance and control even though about half the cases result in some form of legal dismissal. She describes in harrowing detail how the reach of America's penal state extends well beyond the shocking numbers of people incarcerated in prisons or stigmatized by a felony conviction. Revealing and innovative, Misdemeanorland shows how the lower reaches of our criminal justice system operate as a form of social control and surveillance, often without adjudicating cases or imposing formal punishment.

Truth Commissions and Criminal Courts


Author: Alison Bisset
Publisher: Cambridge University Press
ISBN: 1107008034
Category: Law
Page: 205
View: 2037

A multi-level analysis of truth commissions and courts in the ICC era.

American Criminal Courts


Author: Cliff Roberson,Frank DiMarino
Publisher: Pearson College Division
ISBN: 9780135111116
Category: Law
Page: 228
View: 8507

Taking a practical approach, AMERICAN CRIMINAL COURTS covers the entire criminal courts system in a manner which is understandable to students studying criminal justice, government, public administration and other judicially related topics. It includes a descriptive analysis of local, state, federal, and international courts and discusses the jurisdiction, processes and jurisprudence of each court. Law in Action boxes address emerging trends such as political pressure, language barriers, security in the courtroom and special courts. The book also explains the roles played by the judges in each type of court as it pertains to judicial selection, judicial decision making, and judicial review.

Inside the Criminal Courts


Author: David Richard Lynch
Publisher: N.A
ISBN: 9781594607448
Category: Law
Page: 347
View: 9269

Inside the Criminal Courts is an innovative textbook that combines elements of nonfiction with fictional stories based in large part on author David Lynch's experiences as a full-time prosecutor and full-time public defender. Lynch, who holds both a law degree and a PhD in criminal justice, has published numerous articles on the criminal courts in such leading journals as Law & Social Inquiry, Criminal Justice and Behavior, and the Journal of Criminal Justice. He currently teaches in the criminal justice program at Weber State University where he recently won a prestigious teaching award. Inside the Criminal Courts covers all of the usual topics generally associated with a course on the criminal courts, but does so by integrating the essentials into compelling and realistic stories that are enjoyable to read. Students learn important concepts and terms which are embedded in instructive case studies featuring prosecutors, defense attorneys, judges, witnesses, defendants, and others. Far from being merely a book on the law, this text takes the reader behind the scenes on a journey into the real world dynamics of criminal courthouse justice. An instructor¿s manual (including a test bank) is available. Topics explored in this book are presented in fifteen chapters as follows: (1) The Education of Lawyers and Judges; (2) A Day in Juvenile Court; (3) Justice Delayed; (4) The Criminal Defense Attorney; (5) The Prosecuting Attorney; (6) The Judge; (7) The Witness; (8) The Steps of Due Process; (9) The Plea Bargain; (10) The Trial, Part I; (11) The Trial, Part II; (12) The Jury Deliberates; (13) Sentencing; (14) The Appeal; (15) Problem-Solving Courts. In this second edition, the author (who has both a law degree and a Ph.D. in criminal justice) has added, among other things, helpful "Questions for Class Discussion" to each chapter and a brand new, provocative final chapter that ties the entire book together.

Indigenous Courts, Self-Determination and Criminal Justice


Author: Valmaine Toki
Publisher: Routledge
ISBN: 1351239600
Category: Law
Page: 290
View: 5924

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

Power and Principle

The Politics of International Criminal Courts
Author: Rudolph Christopher
Publisher: Cornell University Press
ISBN: 1501708414
Category: Political Science
Page: 232
View: 5755

On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world's most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

America's Courts and the Criminal Justice System


Author: David W. Neubauer,Henry F. Fradella
Publisher: Cengage Learning
ISBN: 1337670146
Category: Education
Page: 648
View: 9214

The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative courtroom workhouse model -- which focuses on the interrelationships among the judge, prosecutor, and defense attorney -- brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it is like to work within the American criminal justice system, and the thirteenth edition is no exception. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Race on Trial

Black Defendants in Ontario's Criminal Courts, 1858-1958
Author: Barrington Walker
Publisher: University of Toronto Press
ISBN: 1442660449
Category: Law
Page: 276
View: 7808

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

Crook County

Racism and Injustice in America's Largest Criminal Court
Author: Nicole Gonzalez Van Cleve
Publisher: Stanford University Press
ISBN: 0804799202
Category: Law
Page: 272
View: 3074

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. Winnier 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. 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.

Colonial Discourse and Gender in U.S. Criminal Courts

Cultural Defenses and Prosecutions
Author: Caroline Braunmühl
Publisher: Routledge
ISBN: 0415899257
Category: Political Science
Page: 281
View: 6389

The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals


Author: Fabián Raimondo
Publisher: BRILL
ISBN: 9004170472
Category: Law
Page: 212
View: 4232

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, "inter alia" because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged a ~subsidiarya (TM) nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

The International Criminal Court and National Courts

A Contentious Relationship
Author: Nidal Nabil Jurdi
Publisher: Routledge
ISBN: 1317027302
Category: Law
Page: 332
View: 6805

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

Boston's Lower Criminal Courts, 1814-1850


Author: Theodore N. Ferdinand
Publisher: University of Delaware Press
ISBN: 9780874134223
Category: Law
Page: 234
View: 670

"Boston's antebellum period was a historical watershed in every way. The city's economy was growing dramatically, compulsory education was well underway, the Irish were coming, crime was soaring, and the lower criminal courts were expanding sharply." "A resurgent bar association struggled to professionalize by shifting from the time-honored method of training lawyers via apprenticeships to requiring formal education in law schools. The Municipal Court redefined its mission by adding regulatory disputes to the docket and diverting minor cases into extra-legal channels. As it adopted a proactive stance, the court became a dispute resolution center, the prosecutor learned to manage caseflow closely and to set punishments via plea bargaining, and the court's docket grew tenfold by 1850. Minor regulatory disputes and minor vice were quietly transferred to the Police Court, and its cases more than doubled by 1850. All this took place between 1830 and 1850." "Crime also took several interesting turns. Youthful criminals and wayward children roamed the streets with impunity during the 1830s, and by 1850 they accounted for the major portion of Boston's property losses. Prohibition was a divisive issue, and liquor laws and their violations proliferated. Expanding commerce brought many opportunities for fraud, and it too became a common charge. Public drunkenness and prostitution mounted, and though the much-maligned Irish aggravated many of these problems, they by no means caused Boston's first crime wave." "Antebellum Boston witnessed the birth of the modern criminal court--a high-volume, multipurposed, criminal court using plea bargaining to dispose of the bulk of its cases. As Boston's courts moved to plea bargaining, the court's officers also became more professional, and its formal procedures grew more intricate. These contrary tendencies were unrelated in Boston." "Some might draw from the rapid expansion of Boston's criminal justice system that the community was mounting a puritanical repression of vice and the dangerous classes, but it was not simply a matter of putting immorality down. It was a calling to account of all classes by means of a just legal system that assigned punishment according to guilt. Though the Irish were assailed on all sides, they were treated fairly in the city's legal institutions. Boston's lower criminal courts were a worthy example for the nation as a whole during the antebellum years."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Internationalized Criminal Courts and Tribunals

Sierra Leone, East Timor, Kosovo, and Cambodia
Author: Cesare P. R. Romano,André Nollkaemper,Jann K. Kleffner
Publisher: Oxford University Press, USA
ISBN: 9780199276745
Category: Law
Page: 491
View: 5658

A conference held in Amsterdam on 25-26 January 2002.

Jurisprudence of the International Criminal Courts and the European Court of Human Rights

Procedure and Evidence
Author: Vladimir Tochilovsky
Publisher: Martinus Nijhoff Publishers
ISBN: 9004163387
Category: Law
Page: 912
View: 2735

The book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia and Rwanda, Special Court for Sierra Leone, the International Criminal Court, and the European Court of Human Rights on procedural and evidential matters.

The International Criminal Court

the making of the Rome Statute : issues, negotiations and results
Author: Roy S. K. Lee
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041112125
Category: Political Science
Page: 657
View: 7927

"This publication is a collective work by a group of persons closely associated with the actual making of the Rome Statute. It covers the substantive and procedural issues raised during the preparatory stages as well as at the Conference. These active participants in the Conference provide an account of the main contentions on each of the key issues, the divergent approaches put forward by the principal proponents, how differences were resolved, how groups of articles were prepared, and how the final text as a whole was assembled."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved