Criminal law: procedure and offences Books

Book SynopsisFew would disagree that neighborhood and place are important dimensions of reentry from prison, but we have a less clear sense of why or how they matterand we rarely get a view of the lived social-interactional dynamics between people returning from incarceration and receiving communities. Intersecting Lives focuses on the processes by which neighborhood and place influence reentry experiences and how these shape community life. Through interviews and ethnographic observations, Andrea M. Leverentz brings readers into three very different Boston communities. These places and the interactions they foster shape reentry outcomes, including reoffending, surveillance, relationship formation, and access to opportunities. This book sheds crucial new light on the processes of reentry and desistance, tying them intimately to space and community, including dynamics around race, gender, gentrification, homelessness, and transportation.Trade Review"This book will hold great value not just for scholars focused on neighborhood and mobility outcomes after incarceration, but more broadly for scholars of stratification and inequality." * Social Forces *Table of ContentsContents Acknowledgments Preface Introduction 1 • Criminalizing Disadvantage: Race, Class, Gender, and Reentry in Boston 2 • Bouncing and the Black Box of Reentry’s Neighborhood Effects 3 • Dorchester: Returning to a “High-Crime” Neighborhood 4 • The South End: Returning to a “Gentrified” Neighborhood 5 • South Boston: Returning to a “White” Neighborhood 6 • Small Towns, Poverty, and Addiction Conclusion Appendix A: Methods Appendix B: Research Participants Notes References Index

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Book SynopsisIn recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine practice, but how it came to be so remains in question. Fifty years ago, imprisonment of a person until death was an extraordinary punishment; today, it accounts for the sentences of an increasing number of prisoners in the United States. What explains the shifts in penal practice and social imagination by which we have become accustomed to imprisoning people until death without any reevaluation or expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long.Trade Review"Seeds does a masterful job of busting the myth of how [life without parole] replaced the death penalty." * Criminal Law and Criminal Justice Books *"Christopher Seeds’ Death by Prison is a comprehensive and compelling origin story of a sentence that is a crime against human decency. . . . This book is essential reading for all students of crime and punishment." * Social Forces *Table of ContentsContents Introduction Part I Foundations 1. Perpetual Penal Confinement 2. Precursor and Prototype 3. The Phenomenon to Be Explained Part II Eruptions 4. The Complex Role of Death Penalty Abolition 5. The Collapse of a Penal Paradigm 6. Governors and Prisoners Part III Adaptation and Solidification 7. The US Supreme Court’s Ambivalent Crafting of LWOP 8. Abolition and the Alternative 9. Life Prisoners, Lifetime Prisons Conclusion Acknowledgments Notes Bibliography Index

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Book SynopsisIn recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine practice, but how it came to be so remains in question. Fifty years ago, imprisonment of a person until death was an extraordinary punishment; today, it accounts for the sentences of an increasing number of prisoners in the United States. What explains the shifts in penal practice and social imagination by which we have become accustomed to imprisoning people until death without any reevaluation or expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long.Trade Review"Seeds does a masterful job of busting the myth of how [life without parole] replaced the death penalty." * Criminal Law and Criminal Justice Books *"Christopher Seeds’ Death by Prison is a comprehensive and compelling origin story of a sentence that is a crime against human decency. . . . This book is essential reading for all students of crime and punishment." * Social Forces *Table of ContentsContents Introduction Part I Foundations 1. Perpetual Penal Confinement 2. Precursor and Prototype 3. The Phenomenon to Be Explained Part II Eruptions 4. The Complex Role of Death Penalty Abolition 5. The Collapse of a Penal Paradigm 6. Governors and Prisoners Part III Adaptation and Solidification 7. The US Supreme Court’s Ambivalent Crafting of LWOP 8. Abolition and the Alternative 9. Life Prisoners, Lifetime Prisons Conclusion Acknowledgments Notes Bibliography Index

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Book SynopsisPolice Visibility presents empirically grounded research into how police officers experience and manage the information politics of surveillance and visibility generated by the introduction of body cameras into their daily routines and the increasingly common experience of being recorded by civilian bystanders. Newell elucidates how these activities intersect with privacy, free speech, and access to information law and argues that rather than being emancipatory systems of police oversight, body-worn cameras are an evolution in police image work and state surveillance expansion. Throughout the book, he catalogs how surveillance generates information, the control of which creates and facilitates power and potentially fuels state domination. The antidote, he argues, is robust information law and policy that puts the power to monitor and regulate the police squarely in the hands of citizens. Trade Review"Newell’s informed recommendations move the policy conversation in a productive direction. They serve as an important bulwark against the ‘surveil now, ask questions later’ ethos undergirding much of the body camera policies currently in place." * Jotwell *"An exemplary case of an ethnography of a particularly difficult to reach group." * Surveillance & Society *"Bryce Newell has produced a well-researched study. . . .for those researching and writing on the efficacy and potential pitfalls of police [body-worn cameras]s, Newell’s necessary and impressive work should be your starting point." * Criminal Law and Criminal Justice Books *Table of ContentsAcknowledgments Note about Prior Publications Introduction 1 Visibility, Surveillance, and the Police 2 Privacy, Speech, and Access to Information 3 Bystander Video and "the Right to Record" 4 Policing as (Monitored) Performance 5 The (Techno-)Regulation of Police Work 6 Public Disclosure as "Direct to YouTube" Alternative Conclusion Methodological Note Appendix A. Tables Appendix B. Figures Notes Bibliography Index

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Book SynopsisA meticulous and exhaustive accounting of the total economic devastation wreaked on Black communities by mass incarceration with an action guide for vital reparations. Stolen Wealth, Hidden Power is a staggering account of the destruction wrought by mass incarceration. Finding that the economic value of the damages to Black individuals, families, and communities totals $7.16 trillionroughly 86 percent of the current BlackWhite wealth gapthis compelling and exhaustive analysis puts unprecedented empirical heft behind an urgent call for reparations. Much of the damage of mass incarceration, Tasseli McKay finds, has been silently absorbed by families and communities of the incarceratedwhere it is often compensated for by women's invisible labor. Four decades of state-sponsored violence have destroyed the health, economic potential, and political power of Black Americans across generations. Grounded in principles of transitional justice that have guided other nations in moving past eras of state violence, Stolen Wealth, Hidden Power presents a comprehensive framework for how to begin intensive individual and institutional reparations. The extent of mass incarceration's racialized harms, estimated here with new rigor and scope, points to the urgency of this work and the possibilities that lie beyond it. Trade Review"An eloquent and impressively detailed argument for repairing a grave injustice." * Publishers Weekly *"The case for reparations is not about guilt or blame but a shared morality about justice for the sins and harms the US inflicted through government actions, including enslavement, redlining, eminent domain, and racial discrimination. McKay makes a convincing case." * CHOICE *"A phenomenal read for those in privilege and those in peril." * Criminal Law and Criminal Justice Books *Table of ContentsContents Preface Acknowledgments 1. Disremembered and Unaccounted For 2. “Institutionalized”: The Hyperregulation of Childhood Challenges 3. “More than a Shell”: Perpetual Imprisonment 4. “I Always Put the Burden on Her Shoulders”:The Invisible Weight of Mass Incarceration 5. “They Needed Me There”: The Mass Removal of Parents 6. “Systematic Deconstruction”: The Collective Effects of Mass Incarceration 7. Dreaming an America beyond Mass Incarceration Appendix: Research Methods Notes Bibliography Index

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Book SynopsisThis is a guide to the pervasiveness and intricacies of law and an invitation for those interested in its mechanics, purposes and functions. It is a thorough guide to a mysterious and complex institution and profession.Trade Review"A delightful book - one can open it at almost any page and be drawn in. It is no small compliment to say that it would be an excellent appealing appetiser for uncommited 6th formers and pre-law students.... all three years of undergraduates would get benefit from reading it." V Tunkel, Queen Mary College, LondonTable of Contents1. The Pervasiveness of Law. 2. Legal Ideals and Sordid Realities. 3. Legal Systems and Legal Traditions. 4. The Divisions of the Law. 5. The Sources of Law. 6. Lawyers. 7. The Academic Study of Law. 8. The Future of the Law. 9. Where Next?

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Book SynopsisLanguage Crimes tells the story of some of the remarkable criminal court cases in which Roger Shuy has served as a consultant or expert witness. These intriguing cases show how linguistic analysis can help the courts unravel the ambiguities of taped conversations used in evidence.Trade Review"Roger Shuy's book explores some of the most fascinating trials in recent times. His use of linguistic analysis in hearings that involve crimes of language is stunningly creative and makes for gripping reading." Elizabeth Loftus, University of Washington "Dr Roger Shuy's Language Crimes is an important book. Through the use of materials taken from a series of actual criminal prosecutions, Shuy amply shows the value of sophisticated linguistics analysis for the proper interpretations of oral conversations recorded on electronic tape. Shuy's book, too, is easily read by those without a technical background in linguistics, as he keeps his use of professional jargon to the minimum. As such, Language Crimes should be read - and studied - by all those involved in investigating, prosecuting, defending, and judging in the administration of justice." G. Robert Blakey, The Notre Dame Law School Language Crimes is a clear and lively exposition of one linguist's important work in bringing the knowledge and skills developed by linguistics into the courtroom, where (as he demonstrates) they are badly needed."Robin Lakoff, University of California, Berkeley "An excellent work for the student, the lawyer, and the lingust who may not have explored this field at all. The field of Language and Law can truly be seen as having come of age when so prominent a scholar as Roger Shuy has brought forth so readable a volume." American Speech "A valualbe addition to the understanding of both linguists and lawyers of the contributions the work of the former can make to that of the latter."Book Reviews "Clear and readable book" Language in SocietyTable of ContentsForeword vi Introduction: New Directions xv 1. Misconceptions about Language in Law Cases 1 2. Bribery 20 3. Offering Bribes 43 4. Agreeing 66 5. Threatening 97 6. Admitting 118 7. Telling the Truth Versus Perjury 136 8. Promising 157 9. Asking Questions 174 10. On Testifying 200 Index 206

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Book SynopsisA CounterPunch Best Book of the YearA Lone Star Policy Institute Recommended BookIf you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.James Forman, Jr., author of Locking Up Our OwnThe United States has the highest rate of incarceration in the world. The social consequences of this factrecycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizensare devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being tough on crime. A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues fTrade Review[An] important new book. -- James Forman, Jr. * New York Times *Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds. She urges that we entrust more criminal justice policy to experts, who overwhelmingly agree that the system is too harsh and too bloated. We don’t leave the regulation of air pollution or workplace conditions to a popular vote, she argues, so why should we do so with respect to public safety? -- David Cole * New York Review of Books *Making criminal law more reasonable is a stiff challenge in this era of fear-mongering politics. The challenge is even stiffer with the fear-mongering tied to fact-mocking. The spotlight Barkow shines on the facts and their implications will surely stir denial, but if the country does not meet the challenge, all of us will be less safe. -- Lincoln Caplan * American Scholar *Excellent analysis… Barkow argues for a multifaceted approach to reform… Readers interested in criminal justice reform will find much to appreciate here. * Publishers Weekly *[A] crisply written, thorough book…Barkow paints a damning picture…laying out the voluminous evidence that mass incarceration is cruel and self-defeating…[She] convincingly shows that it has not made the American public safer. -- Seth Mayer * Public Books *It is impossible to think about America’s harsh punishment epidemic without understanding the politics of fear and anger that created mass incarceration. Rachel Barkow’s new work is a critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment. -- Bryan Stevenson, author of Just Mercy and founder and Executive Director of the Equal Justice InitiativeRachel Barkow powerfully argues that the only way to end mass incarceration is to transform how criminal law is made. Instead of fear-driven anecdotes and popular politics, we need law based on reliable data, expert agencies, constrained prosecutors, and judges who were once public defenders. If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics. -- James Forman, Jr., Pulitzer Prize–winning author of Locking Up Our OwnRachel Barkow provides a damning catalog of how penal populism has managed to make our criminal justice system too bloated, too expensive, and too cruel, while also failing to keep us safe. More importantly, she provides a road map to a saner and more humane system—a system built on facts, not on rhetoric and fear. The more people that read this book, the better. -- David Alan Sklansky, author of Democracy and the PoliceRachel Barkow is one of the country’s smartest thinkers on criminal justice. In her new book, she makes a cogent and provocative argument about how to achieve true institutional reform and fix our broken system. -- Emily Bazelon, author of Charged: The New Movement to Transform American Prosecution and End Mass IncarcerationPopulist policymaking in an era of partisan politics and media frenzy is irrational and destructive—and never more so than in the realm of criminal justice. In her tremendously timely and important intervention, Barkow, a renowned expert in sentencing policy, calls for a major shift from populism to expertise, from emotion-based to evidence-based criminal justice policy. -- Carol S. Steiker, coauthor of Courting Death: The Supreme Court and Capital PunishmentPrisoners of Politics is an urgent appeal for a new and more regulatory approach to criminal justice policymaking. In a passionately argued book, Rachel Barkow documents the costly irrationalities that flow from populist policies, explains the skewed incentive structure that underlies them, and makes a compelling case for institutional reforms designed to ensure rational, cost-effective policy, robust constitutional checks, and a justice system oriented towards equitable public safety rather than mass incarceration. These are vital ideas, well established in other areas of modern governance, with a powerful relevance for criminal justice today. -- David Garland, author of Peculiar Institution: America’s Death Penalty in an Age of AbolitionAn invaluable resource for those studying or addressing mass incarceration and/or wrongful convictions. * Choice *[An] extremely efficient guide to our current problems…[A] rich but pointed survey of the maladies in our criminal justice system. -- Jonathan Simon * Criminal Law and Criminal Justice Books *

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Book SynopsisRefusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.Trade ReviewThis is the most important book about the death penalty for a generation and, likely, ever. Anyone who cares about the state of justice in America should read this book. -- Lincoln Caplan, journalist and Visiting Lecturer in Law, Yale Law SchoolCourting Death is a brilliant and insightful book with a powerful thesis, namely that the death penalty in the United States has been unwittingly regulated to death. It is the most forceful and significant intervention I have read on the question of capital punishment to date, a remarkable contribution to our legal, historical, and political debates. -- Bernard E. Harcourt, author of Exposed: Desire and Disobedience in the Digital AgeCourting Death charts precisely the past and present of what has sadly become a uniquely American dilemma and, most importantly, sets out the doctrinal road map that will likely guide Supreme Court Justices in the future. Written by the most respected capital punishment scholars of the day, it is essential reading. -- Michael Meltsner, author of Cruel and Unusual: The Supreme Court and Capital Punishment[The Steikers] provide a clear and comprehensive look at the 40-year modern history of capital punishment in the United States since its reinstatement in 1976…Courting Death provides an excellent survey of the history of capital punishment and the prospects of abolition…The Steikers explain technical legal issues with such clarity that their book is highly accessible to lawyer and layperson alike. -- Stephen Rohde * Los Angeles Review of Books *Carol and Jordan Steiker…are the leading contemporary scholars of the death penalty. In Courting Death: The Supreme Court and Capital Punishment they have brilliantly defined—in language accessible to the general reader—the massive dysfunction of the current system and the course that a future Supreme Court could take to do away with it. -- Michael Meltsner * Huffington Post *The Steikers deliver an extraordinarily well-documented, forceful and ferocious assault on state and federal administration of capital punishment since then. Courting Death is, almost certainly, the best book on this subject. -- Glenn C. Altschuler * Huffington Post *Carol S. Steiker and Jordan M. Steiker (sister and brother) have written a revealing book about the history of the death penalty in the U.S. and, in particular, the continued difficulties the Supreme Court has had in attempting to regulate capital punishment so that it conforms to constitutional standards…[An] excellent book. -- Jed S. Rakoff * New York Review of Books *

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Book SynopsisAggressive policing and draconian sentencing have disproportionately imprisoned millions of African Americans for drug-related offenses. Michael Javen Fortner shows that in the 1970s these punitive policies toward addicts and pushers enjoyed the support of many working-class and middle-class blacks, angry about the chaos in their own neighborhoods.Trade ReviewProvocative… As Fortner’s book makes clear, no political movement can afford to ignore the kind of cruel disorder that we euphemistically call common crime. A police force that kills black citizens is adding to America’s history of racial violence; so is a police force that fails to keep them safe. -- Kelefa Sanneh * New Yorker *Seeks to reverse the conventional wisdom about not only the Rockefeller laws themselves, but also the broader history of the war on drugs… After Black Silent Majority, historians can no longer reduce the ’60s and ’70s politics of crime to the delusional fantasies of racists or to statistical artifacts of modern police record-keeping (although those factors surely played a role as well). Fortner marshals an array of poll data showing that black city dwellers were—and not without reason—far more fearful of violence in the late 1960s than white suburbanites were. -- Sara Mayeux * Reason *This provocative history alerts a rising generation of would-be reformers—the young masses that have recently filled the streets of New York and other cities to protest after each new tragedy—to how a well-intentioned proposal can lead to something unintended and disastrous, like mass incarceration. This lesson should resound, given the political clout the criminal-justice-reform movement continues to acquire. -- Jack Dickey * Time *A fresh, bold, powerful book that shakes up a pressing contemporary debate. Fortner insists on listening to the black voices that supported the rise of our terrible incarceration policies. Through careful research, he describes a deeply conflicted community—confronting crime, groping for respectability, challenging the white gaze, and reaching for social justice. Black Silent Majority is forcefully argued, beautifully written, and profoundly moving. -- James A. Morone, author of Hellfire Nation and The Devils We KnowMeticulously researched, engagingly written, and rigorously argued, this important and long-overdue work will be essential reading for anyone concerned with the hidden complexities of African American life. Fortner illuminates the problems that the majority of working- and middle-class blacks face from criminal elements within their communities; the sometimes patronizing indifference of white and black liberals toward them, compounded by the manipulation of their concerns by conservatives; and the tragic, unintended consequences of a flawed drug and penal policy they were driven, out of despair and fury, to support. This is a major contribution to our understanding of the interaction of class, race, and public policy in America. -- Orlando Patterson, Harvard University

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Book SynopsisRobert Ferguson diagnoses all parts of a massive, out-of-control punishment regime. Turning the spotlight on the plight of prisoners, he asks the American people, Do we want our prisons to be this way? Acknowledging the suffering of prisoners and understanding what punishers do when they punish are the first steps toward a better, more just system.

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Book SynopsisContents include: Preface Abbreviations Weights and Measures Part One: Introduction Chapter I: Background Chapter II: General Prniciples of The T'ang Code Chapter III: The Text of the T'ang Code Part Two: The T'ang Code: General Principles, Chapters I-VI Chapter I Chapter II Chapter III Chapter IV Chap

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Book SynopsisNally v. Grace Community Church of the Valley was America's first case to allege ""clergy malpractice,"" one that challenged the freedom of religious leaders to counsel their parishioners. The case is as much a story of modern America as it is an account of courtroom proceedings.

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Book SynopsisCanada's criminal justice landscape has been shaped by contrary trends in recent years. As the crime rate declines, policy-makers continue to push for tough-on-crime legislation, and university criminology programs continue to expand. Given these trends, what does the future hold for criminology and criminal justice?This book presents the work of a new generation of critical criminologists who explore the geographical, institutional, and political context of the discipline in Canada. Breaking away from mainstream criminology and popular law-and-order discourses, the authors present a spectrum of theoretical approaches to criminal justice from governmentality to feminist criminology, from critical realism to anarchism and they propose novel approaches to topics such as genocide, white-collar crime, and the effect of prison sentences on families. By posing crucial questions and attempting to define what criminology should be, this book will shape debates about crime, policingTable of ContentsIntroduction: Questions for a New Generation of Criminologists / Aaron Doyle and Dawn MoorePart 1: Canadian Criminology in the Twenty-First Century1 The Dilemmas of "Doing" Criminology in Québec: Curse or Opportunity? / Benoît Dupont2 Reconciling Spectres: Promises of Criminology / Bryan R. Hogeveen3 Commodifying Canadian Criminology: Applied Criminology Programs and the Future of the Discipline / Laura HueyPart 2: Expanding the Criminological Focus4 Corporate and White-Collar Crime: Reflections on the Study of Financial Wrongdoing in the Era of Neo-Liberalism / James W. Williams5 Criminological Nightmares: A Canadian Criminology of Genocide / Andrew Woolford6 Power and Resistance in Community-Based Sentencing / Diana Young7 Stigma and Marginality: Gender Experiences of Families of Male Prisoners in Canada / Stacey HannemPart 3: Theory and Praxis8 Reimagining a Feminist Criminology / Gillian Balfour9 The Promise of Critical Realism: Toward a Post-Empiricist Criminology / George S. Rigakos and Jon Frauley10 The Right to the City on Trial / Lisa Freeman11 Anarcho-Abolition: A Challenge to Conservative and Liberal Criminology / Kevin WalbyIndex

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Book SynopsisCanada's criminal justice landscape has been shaped by contrary trends in recent years. As the crime rate declines, policy-makers continue to push for tough-on-crime legislation, and university criminology programs continue to expand. Given these trends, what does the future hold for criminology and criminal justice?This book presents the work of a new generation of critical criminologists who explore the geographical, institutional, and political context of the discipline in Canada. Breaking away from mainstream criminology and popular law-and-order discourses, the authors present a spectrum of theoretical approaches to criminal justice from governmentality to feminist criminology, from critical realism to anarchism and they propose novel approaches to topics such as genocide, white-collar crime, and the effect of prison sentences on families. By posing crucial questions and attempting to define what criminology should be, this book will shape debates about crime, policingTable of ContentsIntroduction: Questions for a New Generation of Criminologists / Aaron Doyle and Dawn MoorePart 1: Canadian Criminology in the Twenty-First Century1 The Dilemmas of "Doing" Criminology in Québec: Curse or Opportunity? / Benoît Dupont2 Reconciling Spectres: Promises of Criminology / Bryan R. Hogeveen3 Commodifying Canadian Criminology: Applied Criminology Programs and the Future of the Discipline / Laura HueyPart 2: Expanding the Criminological Focus4 Corporate and White-Collar Crime: Reflections on the Study of Financial Wrongdoing in the Era of Neo-Liberalism / James W. Williams5 Criminological Nightmares: A Canadian Criminology of Genocide / Andrew Woolford6 Power and Resistance in Community-Based Sentencing / Diana Young7 Stigma and Marginality: Gender Experiences of Families of Male Prisoners in Canada / Stacey HannemPart 3: Theory and Praxis8 Reimagining a Feminist Criminology / Gillian Balfour9 The Promise of Critical Realism: Toward a Post-Empiricist Criminology / George S. Rigakos and Jon Frauley10 The Right to the City on Trial / Lisa Freeman11 Anarcho-Abolition: A Challenge to Conservative and Liberal Criminology / Kevin WalbyIndex

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Book SynopsisDebating Hate Crime examines the language and argumentation used by parliamentarians, senators, and committee witnesses to debate Canada's hate-crime laws. These lively, and at times raucous, legislative debates and committee hearings reveal much about party politics, public policy, and social issues of the day, including citizenship, nationhood, and Canadian values. Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. In so doing, Lunny reveals and interrogates the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical and analytical account of some of Canada's most passionate public debates on victimization, rightful citizenship, social threat, and moral eroTrade ReviewThis book is indeed a fascinating read and an insight into how attitudes toward the language of hate crime laws have evolved over the years. -- Daniel Perlin, Osgoode Hall Law School of York University * Canadian Law Library Review *This contribution to UBC’s "Law and Society" series analyzes parliamentary debate touching on sexual identity and gender expression at the federal level. Lunny explores ways this debate provides a forum for, and a reflection of, the struggle over social meaning in Canadian society … The work fits squarely within scholarship that sees the social meaning of, and discourse around, identity and social inclusion/exclusion as mutually constructed. It is also relevant to those who study balances between individual and group rights, federal and provincial governance, and parliamentary and charter precedence in Canadian politics today while providing a comparative study for those who have examined similar issues in US or European discourse. Summing Up: Recommended. Upper-division undergraduates through faculty. -- S. P. Duffy, Quinnipiac University * CHOICE *Table of ContentsIntroduction: The Political and Affective Language of Hate1 Hate Propaganda and the Spectre of the Holocaust2 Legislating Victims of Hate3 Bill C-250: A Censoring of Religious Freedom or a Protection Against Hate?4 The Trans “Bathroom Bill”5 The Baby and the Bathwater: The Repeal of Section 13 of the Canadian Human Rights ActConclusionNotes; Bibliography; Index

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Book SynopsisDebating Hate Crime examines the language and argumentation used by parliamentarians, senators, and committee witnesses to debate Canada's hate-crime laws. These lively, and at times raucous, legislative debates and committee hearings reveal much about party politics, public policy, and social issues of the day, including citizenship, nationhood, and Canadian values. Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. In so doing, Lunny reveals and interrogates the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical and analytical account of some of Canada's most passionate public debates on victimization, rightful citizenship, social threat, and moral eroTrade ReviewThis book is indeed a fascinating read and an insight into how attitudes toward the language of hate crime laws have evolved over the years. -- Daniel Perlin, Osgoode Hall Law School of York University * Canadian Law Library Review *This contribution to UBC’s "Law and Society" series analyzes parliamentary debate touching on sexual identity and gender expression at the federal level. Lunny explores ways this debate provides a forum for, and a reflection of, the struggle over social meaning in Canadian society … The work fits squarely within scholarship that sees the social meaning of, and discourse around, identity and social inclusion/exclusion as mutually constructed. It is also relevant to those who study balances between individual and group rights, federal and provincial governance, and parliamentary and charter precedence in Canadian politics today while providing a comparative study for those who have examined similar issues in US or European discourse. Summing Up: Recommended. Upper-division undergraduates through faculty. -- S. P. Duffy, Quinnipiac University * CHOICE *Table of ContentsIntroduction: The Political and Affective Language of Hate1 Hate Propaganda and the Spectre of the Holocaust2 Legislating Victims of Hate3 Bill C-250: A Censoring of Religious Freedom or a Protection Against Hate?4 The Trans “Bathroom Bill”5 The Baby and the Bathwater: The Repeal of Section 13 of the Canadian Human Rights ActConclusionNotes; Bibliography; Index

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Book SynopsisA Disturbing and Shocking Expose-A Passionate Cry for Reform Prison Madness exposes the brutality and failure of today''s correctional system-for all prisoners-but especially the incredible conditions Andured by those suffering from serious mental disorders. A passionately argued and brilliantly written wake-up call to America about the myriad ways our penal systems brutalize our entire culture. Dr. Kupers not only diagnoses the problem, he also offers a set of solutions. I hope this book will be read by all concerned citizens and voters, for it conveys truths that are vitally important to all of us. James Gilligan, Department of Psychiatry, Harvard Medical School, and author of Violence: Reflections on a National EpidemicTrade Review"A passionately argued and brilliantly written wake-up call to America about the myriad ways our penal systems brutalize our entire culture. Dr. Kupers not only diagnoses the problem, he also offers a set of solutions. I hope this book will be read by all concerned citizens and voters, for it conveys truths that are vitally important to all of us." (James Gilligan, Department of Psychiatry, Harvard Medical School, and author of Violence: Reflections on a National Epidemic) "A chilling picture of how American prisons have become among the most barbaric in the world driving petty offAnders and dangerous people alike into madness. We must consider the madness of a public policy that routinely turns nonviolent offAnders into dangerous misfits who threaten our safety when released." (Joseph D. McNamara, research fellow, the Hoover Institution, Stanford University and retired police chief, San Jose, California) "Dr. Kupers reminds us that cruel, inhuman, and degrading treatment of inmates-particularly those who are mentally ill-violates their rights, betrays our national commitment to decency, and jeopardizes the safety of our communities. A splendid book." (Jamie Fellner, associate counsel, Human Rights Watch) "Prison Madness reveals the disturbing realities of prisons and jails as places of coerced refuge for poor and mentally disordered people. With this powerful and provocative analysis of the intersecting crises in the public mental health and prison systems, Terry Kupers shows us how to contest the racism and the criminalization of poverty that have helped to produce these dangerous dilemmas." (Angela Y. Davis, professor, University of California, Santa Cruz) " . . . Kupers had free access and unfettered contacts that few outsiders are afforded, and has credibility that few outsiders can acquire." (Hans Toch, from the Foreword) "Prison Madness--with its cogent analysis of our correctional system and the mental health crisis within it--can serve as a much-needed beacon." (Readings: A Journal of Reviews and Commentary in Mental Health)Table of ContentsForeword ix Preface xv Acknowledgments xxxi Introduction 1 Part I: The Mental Health Crisis 1. The Mentally Ill Behind Bars 9 2. Why So Many Prisoners Develop Mental Disorder 39 3. The Failure of Current Mental Health Programs 65 Part II: What Goes on Behind Bars 4. Racism: A Mental Health Hazard 93 5. Special Programs for Women 113 6. Rape and Posttraumatic Stress Disorder 137 7. Lack of Contact with Loved Ones 157 8. Prison Suicide 175 Part III: An Immodest Proposal 9. The Possibilities and Limits of Litigation 193 10. Recommendations for Treatment and Rehabilitation 217 11. The Folly of Law and Order 257 Endnotes 275 For Further Reading 287 About the Author 291 Index 293

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Book SynopsisEvery day decisions made by prosecutors, before trial takes place, critically affect the rights of citizens; yet these decisions remain a grey area in the administration of criminal justice. In fact, there are considerable and important differences between what the prosecutor does and what the legal literature and judicial decisions say he should do. Very little is known about the powers wielded by prosecutors and the factors which influence their exercise of discretion.This inquiry focuses on the decision-making role of the prosecutor in pre-trial determinations. Professor Grosman describes and analyses the prosecutor's informal relations with the police and defence lawyers, and the significance these relationships have for the accused and for the fair administration of justice. Other areas examined include the decision to begin prosecution, the negotiated guilty plea, and the prosecutor's administrative bias. The study concludes with recommendations for judicial and legisla

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Book SynopsisIn Due Process and Victims' Rights Kent Roach critically examines dramatic changes in criminal justice in the last two decades. He argues that increasing concern by courts about the rights of those accused of crime and by legislatures about the rights of crime victims and groups who are disproportionately subject to some crimes, such as women and children, has transformed debates about criminal justice. He examines recent cases in which due process and victims' rights have clashed and concludes that, in most instances, victims' rights claims have ultimately prevailed. He concludes that the future of criminal justice will depend on whether victims' rights continue to develop in a punitive fashion or whether they inspire increased emphasis on crime prevention and restorative justice.This is the first full-length study of the law and politics of criminal justice in the era of the Charter and victims' rights. It examines changing discourse in the courts, legislatures, and me

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Book SynopsisIn 1791 when the Constitutional Act created a legislative assembly for Upper Canada, the colonists and their British rulers decreed that the operating criminal justice system in the area be adopted from England, to avoid any undue influence from the nearby United States. In this new study of early Canadian law, David Murray has delved into the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the nineteenth century.Murray explores how far local characteristics affected the operation of a criminal justice system transplanted from England; his analysis includes how legal processes affected Upper Canadian morality, the treatment of the insane, welfare cases, crimes committed in the district, and an examination of the roles of the Niagara magistrates, constables, and juries. Murray concludes by arguing that while the principles and Trade Review'This valuable book should be in all libraries concerned with legal or Canadian history.' -- M.J. Moore Choice

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Book SynopsisFeaturing distinguished contributors from a variety of disciplinary backgrounds, Canada's Trial Courts offers a comprehensive and up-to-date examination of an important but neglected issue that ultimately has a profound impact on the quality of justice that Canadians experience.

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Book SynopsisThough originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early 19th century to its present pervasive role.Trade Review"Bold in its own right, Plea Bargaining's Triumph is both an excellent synthesis and refutation of existing scholarship, and it may contribute to law reform."—John G. Jacobsen, University of Nebraska, Lincoln"Rarely does a work of legal history speak so clearly to contemporary crisis as does George Fisher's Plea Bargaining's Triumph.—Candace McCoy, School of Criminal Justice, Rutgers University"Fisher's wide-ranging and innovative approach makes a major contribution to our understanding of the origins and stability of plea bargaining as a central feature of our modern criminal courts."—American Historical Review"A practice like plea bargaining is so pervasive that no one gives it a second thought. It is good to look back to its origins, and Plea Bargaining's Triumph is to be praised, and read, for doing so."—The Federal Lawyer"Fisher has produced the best account of the rise and 'triumph' of plea bargaining in the literature of American criminal justice history. He has also produced a provocative work of interdisciplinary history that merits the attention of all scholars who write about the past."—Journal of Interdisciplinary History

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Book SynopsisThis handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essayincluding discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protectbefore the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world''s major legal systemscommon, civil, Asian, and Islamic law traditionswith essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the worTrade Review"Until the publication of Kevin Jon Heller and Markus D Dubber's Handbook of Comparative Criminal Law there existed, in the English language, no comprehensive volume devoted to comparative criminal law proper, understood in the sense just sketched. . . I enthusiastically welcome its publication. [T]he book reads like a professional, cutting-edge compendium of many criminal systems in the world. . . For years to come, any comparative approach to the criminal law will have to involve in-depth consultation of Heller and Dubber's Handbook."—Leo Zaibert, University of Toronto Law Journal"This book is a breakthrough not only because it pays due regard to comparative criminal studies, which have been largely neglected to date, but also because it covers numerous jurisdictions and thereby moves away from the traditional Eurocentric vision of law inherent to most of the current comparative scholarship . . . Arguably, the Handbook is poised to assist in the first step towards a more balanced and comprehensive system of international criminal law."—Marina Aksenova, Journal of International Criminal Justice"This useful book gives brief introductions to criminal law in 16 countries plus the International Criminal Court. Six continents are covered, and the legal systems discussed vary widely . . . The book is a good introduction to a specialized area of law not often covered in international law courses . . . Recommended."—P. J. Kontowicz, CHOICE"The Handbook of Comparative Criminal Law should be judged as a pioneering work in its field, and one that provides something credible to be further built upon in the future. It should also be commended for generally steering clear of passing any normative judgment on the different practices of the different states (especially seeing how some chapters do not appear to be written by locals of the states in question), preferring instead to let the readers draw their own objective conclusions, based on objective characterizations."—Siyuan Chen, Asian Journal of Comparative Law"The selection of countries for this handbook really provides an overview of criminal law systems throughout the world and the book is definitely a must have! It's a real challenge to gather information about criminal law in countries like Iran or China, and such information makes this book especially valuable."—Tatjana Hoernle, Ruhr-Universität Bochum"This essential work provides a useful starting point for anyone interested in how central issues of criminal law are dealt with across a wide range of legal systems. The admirably broad coverage encompasses the laws of sixteen nations across six continents, including some only rarely, and less comprehensively, dealt with in English."—Stuart Green, Rutgers School of Law"This book offers a rare combination of panoramic geographical reach with telling national detail and so provides an invaluable tool for thinking about where societies converge and diverge on all the perennial questions, including the proper ambit of criminal law, the severity of its sanctions, and the relative importance of its central purposes. The tightly integrated chapters, by leading scholars in their respective countries, invite us to ask why countries are harmonizing their criminal law in some respects, while preserving major differences in others. We are also lead to wonder how it is that several modern societies—all avowedly 'liberal' in their self-understandings—differ so deeply in their view of what liberalism really requires of us when criminalizing serious wrong."—Mark J. Osiel, University of Iowa

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Book SynopsisIn the aftermath of the Civil War, federal officials imprisoned and indicted Jefferson Davis for treason. Although the federal government pursued the charges, the case never went to trial. This book argues that while national politics played a role in the trial's direction, the actions of lesser-known individuals resulted in the failure to convict.

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Book SynopsisDiscusses how and why legal and medical institutions continue to resist implementing reforms intended to provide more just and compassionate responses to victims of sexual violenceTrade Review"At last, a comprehensive and scholarly account of the antirape movement that should sound the alarm at how little law in action has changed, despite policy successes with rape law on the books. Corrigans searing analysis makes a major contribution to political science, sociology, law, and public policy. Following Patricia Yancey Martins organizational analysis of why rape policy reforms have so little effect on priorities, the treatment of victims, prosecutions, convictions, and public attitudes, Corrigan reveals how a social movement has lost its ability to advocate effectively. This must read for all who care about womens equality should sound the alarm to turn our attention to policy implementation and social movement mobilization." -- Sally J. Kenney,Tulane University"Corrigan convincingly argues that medical and legal professionals do not take rape seriously. . . . The strongest parts of the book are her assessments of the SANE programs, EC in the ER, and the sex offender registration and notification statutes. She quotes voluminously from her interviews . . . giving a richly textured picture of the implementation and impact of these recent initiatives. Her analysis of differences across states is particularly illuminating." -- Carrie N. Baker * Political Science Quarterly *"Corrigan's examination of the impact of rape law reform convincingly argues that such reform has often been weakened, modified, and co-opted, all in ways that dilute the impact promised by far-reaching, woman-centered policy. Drawing on deeply textured case studies, extensive interview data, and a clear reading of the laws in various US jurisdictions, Corrigan offers an analysis of legal implementation from the ground up." -- R. A. Cramer * Choice *"In an era when gender mainstreaming is hailed globally as the primary tactic to achieve gender equality, Rose Corrigan offers a cautionary tale. By focusing on rape law reform over four decades, she demonstrates how feminist policy objectives are systemically undercut by bureaucratic intransigence and standard operating procedures within gendered state institutions. From legislatures and law enforcement agencies to rape crisis centers, she traces the evisceration of feminist transformative efforts as the law is deployed with little concern for the well-being of those who have been raped. This vital contribution to feminist theory and practice should be read by all concerned with social change in the 21st century." -- Mary Hawkesworth,Professor of Political Science and Women’s and Gender Studies, Rutgers University"Professor Corrigan's book, Up Against a Wall: Rape Reform and the Failure of Success,is indispensable reading for anyone who cares about sexual violence and the failure of law reform to live up to the promise it once held for victims of sexual violence. It is also an invaluable tool for anyone concerned about the dynamics of law reform and legal consciousness. Using an empirical, qualitative study of Rape Crises Centers and counsellors in six diverse states as her framework, Corrigan engages in a multi-layered, nuanced examination of the history of rape law reform to demonstrate that reliance on the criminal justice system led to the loss of original feminist goals. She argues rape and sexual assault issues were abandoned by feminists who lost sight of the relationship of sexual assault to gender inequality as they moved on to other projects. She then turns to current issues that have produced perverse effects for victims. She challenges us to look for creative solutions outside the criminal law as well as within to problems she identifies and for a return to an emphasis on gender equality and real rights and protections for victims in this important book." -- Lynne Henderson,Professor Emerita, University of Nevada Las Vegas"This book, by socio-legal scholar Rose Corrigan, offers an insightful analysis of both lingering and new challenges to reforms in how rape and rape victims are defined and treated. . . . Corrigan did not miss a single key study on the issues. Furthermore, her narrative is written so that experts and non-experts alike can enjoy and learn from it. Her use of quotes from rape care worker interviews makes fascinating reading. . . . This book is an invaluable resource . . . Finally, the book offers an excellent example of the use of organizational and community informants as 'human periscopes' in order to gain purchase on rape work and politics in today's world. This approach is under-utilized in organizational and community studies and I hope Corrigan's use of it inspires others to adopt it as well." -- Patricia Yancey Martin,Professor of Sociology Emerita, Florida State University"This research is an eye opening tale of how social movements can be partially co-opted by the state. There is a lesson here not only for anti rape advocates and those concerned with gender equality, but for all of us concerned with civil rights more generally." -- Frederika E. Schmitt * Sex Roles *""Rose Corrigan has made a major contribution to our understanding of the way in which law reform efforts in theory can be subverted 'on the ground.' The book is thoughtful, well-written and has important insights for a variety of fields. " -- Elizabeth M. Schneider,Rose L. Hoffer Professor of Law, Brooklyn Law SchoolTable of ContentsAcknowledgments 1. Introduction: The Failure of Success 2. The Anti-Rape Movement and the Turn to Law 3. Listening to Rape Care Advocates 4. Institutional Responses to Rape: Following the "Leaky Pipeline" of Rape Reporting5. Developing the Body of Evidence: Sexual Assault Nurse Examiner Programs 6. When Rights Are Wrong: Emergency Contraception and the Failure of Policy Success 7. When Is a Rapist a Sex Offender?: Sex Offender Registration and Notification Statutes 8. Fleeing from Feminism: The Troubled Legacy of Rape Law Reform Notes Bibliography Index About the Author

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Book SynopsisReflects the costs, challenges, and consequences the "tough on crime" age has had, especially for male youth of colourTrade ReviewReaders will gain a sense of the history and initial purpose of the juvenile court, an understanding of the impact of accountability-based public policies, the tools used to facilitate accountability, such as legislative and judicial waivers, and the research that, to date, has found that these policies have not necessarily reduced recidivism or deterred criminal conduct. In the end, Courting Kids is not just about youth and a specialized court in New York; it is about all youth, everywhere * Political Science Quarterly *Explores the experiment in child-saving undertaken by the Manhattan Youth Part of the New York criminal court system and considers the insights it offers about the persecution of youth offenders. * Journal of Economic Literature *An articulate and intelligent ethnographic study. -- Sarah Ciftci * Current Issues in Criminal Justice *An impressive and important book. Meticulously researched and well written the book offers an insightful account of the way one court adapted to the legal effort to try juvenile offenders as adults. -- Austin Sarat,author of Life without ParoleThis insightful ethnography tells a compelling story of injustice, humanity, and sufferingof a judges struggle to do right despite challenging circumstancesand in the process offers a powerful critique against transfer to criminal court. -- Aaron Kupchik,author of Homeroom SecurityTable of ContentsIntroduction: An Experiment in Youth Justice1. Calendar Days in the Youth Part: Mundanity and Drama2. Creating the "Juvenile Offender"3. Rehabilitation, Youth Part Style4. Individualized Justice in a Criminal Court 5. Managing Contradictions 6. Judging the Court, Judging Transfer Conclusion: Kids Will Be Kids

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Book SynopsisWith the close proximity of gangs and the easy access to drugs, keeping urban neighborhoods safe from crime has long been a central concern for residents. This book draws on five years of research in a white, working-class community on Chicago's South side to see how they tried to keep their streets safe.Trade Review"For citizen groups, this research provides compelling stories of how neighborhoods can come together to resolve serious problems; for police and government officials, it shows how they can partner with residents to create truly community-based efforts to curb violence; and, for researchers, it furnishes a synthesis of research and points to new hypotheses that can be tested." -Criminal Justice Review "In an era of declining civic involvement, persistent fear of crime, and cynicism about the efficacy of grassroots community action, Clean Streets offers a story of hope. Using his eye for detail, Carr examines how community residents respond to gang violence, graffiti and other forms of physical disorder, unresponsive judges, and problems at the corner tavern. Clean Streets offers an intriguing organizational framework for community members and public officials in their fight against crime, violence, and disorder." -John H. Laub,co-author of Shared Beginnings, Divergent Lives: Delinquent Boys to Age 70 "In sum, the core theoretical achievement of Clean Streets, the development of new concepts and ideas regarding successful social control at the local level, merits close attention from sociologists of various persuasions and with varied interests." -Margarethe Kusenbach,University of South Florida "Clean Streets will take its place alongside other outstanding community ethnographies in the tradition of the Chicago School. An engaging and insightful book that will be widely cited and discussed." -William Julius Wilson,author of When Work Disappears: The World of the New Urban Poor "Patrick Carr shows us that policing can have a stimulating effect; that communities can mobilize and restore their moral force with tolerance to others and with moderation. This ethnographic study should be read. It should give us hope." -Peter K. Manning,author of Police Work: The Social Organization of PolicingTable of ContentsAcknowledgments1 Introduction2 Welcome to Beltway 3 Getting Things Done: Civic Engagement in Action 4 Looks Like Trouble: Early Signs of Gangs and Violence 5 Gang Violence Can Happen Here: The Hastings Murders and Their Aftermath 6 Coming Together: Problem Solving and the Neighborhood Watch 7 Conclusion: Civic Activism and the New Parochialism Appendix: Getting In and Out of Beltway NotesReferences Index About the Author

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Book SynopsisA look at the prisioners who are unfairly imprisioned, written by a journalist.Trade Review"Innocent is an excellent recommendation to make the next time someone questions the need for further criminal justice reform." * New York Law Journal *"Christianson succeeds in raising reasonable doubts and questions about the integrity of our criminal justice system. Written with perceptiveness and sympathy for the plight of the wrongly convicted, [Innocent] is an excellent addition to the literature on miscarriages of justice." * Justicia *"This should be required reading for everyone who gives a damn about justice in this country." -- Mickey Sherman,CBS News legal analyst"A chilling chronicle of what can happen when the criminal justice system goes awry" * Publishers Weekly *Table of ContentsAcknowledgments Introduction 1 Presumed Guilty 2 Mistaken Identi?cation 3 Eyewitness Perjury 4 Ineffective Counsel 5 False Confessions 6 Police Misconduct 7 Fabrication of Evidence 8 Prosecutorial Misconduct9 Forensics 10 Selected Wrongful Conviction Cases Appendix Selected References Resources About the Author

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Book SynopsisOffers an examination of morally and politically disputed issues of our time: abortion, gay rights, assisted suicide, stem cell research, and legalized gambling. This title covers these issues, looking at the nature of efforts to initiate reforms, to define constituencies, to mobilize resources, to frame debates, and to shape public opinion.Trade ReviewSin No More is superbly written, moving across each topic with freshness and sensitivity. -- Jonathan Simon,author of Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of FearSin No More represents a brilliant interweaving of the complexities of economic interests, public opinion, court and legislative action. The authors demonstrate the impact of these forces in understanding the recent normalization of gambling and the steady progress in gay rights. They show there are also early signs of achieving death with dignity and freedom for stem cell research, but access to abortion is increasingly in jeopardy. This book is sure to have a major impact on debate, research and policy in these areas. -- John F. Galliher,co-author of The Criminology of Edwin SutherlandDespite the intense culture wars and the ascendancy of religious and cultural conservatism over the past forty years, Dombrink and Hillyard demonstrate that there has also been a marked increase in tolerance for behavior long thought to be immoral. The process of change has been uneven and episodic, a process the authors term & problematic normalization. But there has been substantial change. The authors’ findings are counter-intuitive. But they are convincing. This is an important book, and it should find a wide audience. -- Malcolm M. Feeley,co-author of Judicial Policy Making and the Modern StateIn this elegant and nuanced account, Dombrink and Hillyard explore how the depth of America's commitment to liberty and individualism has co-existed oddly with the forceful anti-libertarianism of the religious right. Their analysis of the bedrock values that America cares most about has important implications beyond the specific issues the authors address, making this an important resource for anyone wishing to understand the evolution of the national conscience, and its influence upon law and politics. -- Roger Magnusson,author of Angels of Death: Exploring the Euthanasia UndergroundWorthwhile for the careful, nuanced studies of specific questions that continue to define contemporary US life. * Choice *Table of ContentsContents Acknowledgmentsix 1Changing Moralities: Shifts in American Attitudes and Law in the "Moral Values" Debate 1 2Painless Prosperity: The Spread of Legal Gambling 31 3Abortion: Contestation and Ambivalence in the Long Era of Roe v. Wade 53 4Gay Rights: Beyond Tolerance and Privacy to Equality 93 5Assisted Suicide: The Road to New Rules of Dying 127 6Stem Cells: Framing Battles and the Race for a Cure 186 7Conclusion: To Form a More Purple Union? 225 Notes 257 References 269 Index 311 About the Authors 331

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Book SynopsisSparks a fresh conversation about the war on crime and its consequencesTrade Review"This thought-provoking book contains 14 essays that explore the far-reaching collateral damages and socioeconomic consequences of tough-on-crime policies." * Choice *"This brave book challenges us, urgently, to rethink crime and punishment for the 21st century. It is not by accident that the U.S. became the world's largest incarcerator in just thirty-five years. After the War on Crime exposes how structural inequalities based on race and class and written into our laws, institutions and everyday practices have blackened our jails and prisons and reproduced segregated communities inside and out." -- Susan Tucker,Director, The After Prison Initiative, Open Society InstituteTable of ContentsIntroduction Part I Crime, War, and Governance 1 The Place of the Prison in the New Government of Poverty Loic Wacquant 2 America Doesn't Stop at the Rio GrandeAngelina Snodgrass Godoy 3 From the New Deal to the Crime Deal Jonathan Simon 4 The Great Penal Experiment: Lessons for Social Justice Todd R. ClearPart II A War-Torn Country: Race, Community, and Politics 5 The Code of the Streets Elijah Anderson 6 The Contemporary Penal Subject(s) Mona Lynch 7 Th e Punitive City RevisitedKatherine Beckett and Steve Herbert 8 Frightening Citizens and a Pedagogy of Violence William LyonsPart III A New Reconstruction 9 Smart on Crime Kamala D. Harris 10 Rebelling against the War on Low-Income, of Color, and Immigrant Communities Gerald P. Lopez 11 Of Taints and TimeJessie Allen 12 The Politics of the War against the Young Barry Krisberg 13 Transformative Justice and the Dismantling of Slavery's Legacy in Post-Modern America Mary Louise Frampton AfterwordVan JonesContributors Index

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Book SynopsisDescribes the creation and first years of the Innocence Commission for Virginia (ICVA), the second innocence commission in the nation and the first to conduct a systematic inquiry into various cases of wrongful conviction. This title focuses on twelve wrongful conviction cases to show how and why wrongful convictions occur.Trade ReviewDiscusses how reformers might capitalize on the so-called innocence issue of advance criminal justice reforms designed to safeguard against conviction of the innocent. * Journal of Criminal Law and Criminology *&8220;A masterpiece of the genre. . . . Few other books about wrongful conviction phenomenon have even attempted such a combination of legal theory and details from real-life wrongful conviction cases. . . . Goulds book has spawned a number of new thoughts about wrongful convictions. * Legal Times *The lessons learned in creating the ICVA are valuable to policymakers, activists, and lawyers on both sides of the docket. * Law and Politics Book Review *A thoughtful and disturbing account of his founding in 2003 of the Innocence Commission for Virginia (ICVA) to investigate wrongful convictions. . . . Written for the general public, Goulds book has important lessons for attorneys and policymakers as well. * Library Journal *The book is extremely well written and should serve not only to motivate people to want reform but also to instruct them on how to proceed in the direction of reform. Highly recommended. * Choice *The Innocence Commission adds to the scholarship in the area of wrongful convictions in several important ways and with riveting case descriptions. -- Daniel S. Medwed,University of Utah, S.J. Quinney College of LawGould . . . has produced a book that will ensure that the lessons from these wrongful convictions are available for study and, we hope, remembered and used to enact needed reforms…this book is a valuable addition to what we are learning about wrongful convictions. * The Kojo Nnamdi Show, WAMU-FM *A welcome addition to the literature on the incarceration of people who never committed the crime for which they were charged. * Trial *Table of ContentsAcknowledgmentsIntroduction 1 History and Background 2 The Innocence Commission for Virginia 3 The Cases 4 An Unmet Obligation 5 Putting It All Together Appendixes Notes Index About the Author

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Book SynopsisGolash addresses the value of punishment in contemporary society.Trade ReviewA work of sweeping vision and profound insight. Punishment, Golash demonstrates convincingly, is wrong in itself and counterproductive as well. That her fine book closes with a thoughtful sketch of a world without punishment is a testament to the author's intellectual range and originality. -- Robert Johnson,author of Hard Time: Understanding and Reforming the PrisonPhilosophers of law too often assume that criminal punishment is of course justified and then argue over exactly what is the best justification for the practiceutilitarian deterrence, retribution, moral education, etc. It is important that this shared assumption be challenged and that serious consideration be given to the possibility that criminal punishment may not be justified at all. Although Professor Golash has by no means persuaded me that all criminal punishment should be totally abolished, her book is to be welcomed as an attempt to provoke serious reflection on this basic issue. -- Jeffrie G. Murphy,Regents Professor of Law, Philosophy, and Religious Studies, Arizona State UniversityA book that can spur good discussion and stimulate critical thinking. * Law and Politics Book Review *A finely reasoned argument on the ills of punishment. . . . An informative and thought provoking read * New York Law Journal *Table of ContentsContentsAcknowledgments1 An Institution in Search of Moral Grounding2 Does Punishment Do More Good than Harm?3 Preserving the Moral Order4 Retribution and Social Choice5 Punishment as Self-Defense6 Punishment as Communication7 Is Punishment Justi?ed? 8 What if Punishment Is Not Justi?ed?NotesBibliographyIndex About the Author

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Book SynopsisShows how and why wrongful convictions occur, what steps legal and state advocates took to investigate the convictions, how these prisoners were ultimately freed, and what lessons can be learned from their experiences.Trade ReviewDiscusses how reformers might capitalize on the so-called innocence issue of advance criminal justice reforms designed to safeguard against conviction of the innocent. * Journal of Criminal Law and Criminology *&8220;A masterpiece of the genre. . . . Few other books about wrongful conviction phenomenon have even attempted such a combination of legal theory and details from real-life wrongful conviction cases. . . . Goulds book has spawned a number of new thoughts about wrongful convictions. * Legal Times *The lessons learned in creating the ICVA are valuable to policymakers, activists, and lawyers on both sides of the docket. * Law and Politics Book Review *A thoughtful and disturbing account of his founding in 2003 of the Innocence Commission for Virginia (ICVA) to investigate wrongful convictions. . . . Written for the general public, Goulds book has important lessons for attorneys and policymakers as well. * Library Journal *The book is extremely well written and should serve not only to motivate people to want reform but also to instruct them on how to proceed in the direction of reform. Highly recommended. * Choice *The Innocence Commission adds to the scholarship in the area of wrongful convictions in several important ways and with riveting case descriptions. -- Daniel S. Medwed,University of Utah, S.J. Quinney College of LawGould . . . has produced a book that will ensure that the lessons from these wrongful convictions are available for study and, we hope, remembered and used to enact needed reforms…this book is a valuable addition to what we are learning about wrongful convictions. * The Kojo Nnamdi Show, WAMU-FM *A welcome addition to the literature on the incarceration of people who never committed the crime for which they were charged. * Trial *Table of ContentsAcknowledgmentsIntroduction 1 History and Background 2 The Innocence Commission for Virginia 3 The Cases 4 An Unmet Obligation 5 Putting It All Together Appendixes Notes Index About the Author

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Book SynopsisExamines the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United StatesTrade ReviewAn interesting collection that contributes to the further academic debate on capital punishment. -- Jurgen Martschukat * The Journal of American History *This is a book that gives profoundly important answers, but not easy ones. Six leading figures discuss the American death penalty in this volume. All six leave us wondering whether the simple stories we like to tell can possibly be adequate. -- James Q. Whitman,Ford Foundation Professor of Comparative and Foreign Law, Yale Law School[F]ascinating and well writtenA worthy addition to the historical analysis of the death penalty * Library Journal *If I were asked to recommend a single book that puts the vexed and emotionally charged question of the death penalty into an intelligible historical and contemporary political perspective it would be this one. The introduction sets the stage beautifully and the essays that follow allow readers to come at the problem from a variety of mutually reinforcing perspectives. It is a model for intellectually rigorous scholarship on a morally exigent matter. -- Thomas W. Laqueur,Professor of History, University of California, Berkeley“Reading this book is like attending a highly charged graduate-level symposium. The essays are fascinating and well written but assume familiarity with the material... What distinguishes this volume is the contributing editors’ refusal to accept conventional analysis of the death penalty... Academics and serious scholars of the death penalty will appreciate this innovative approach. A worthy addition to the historical analysis of the death penalty for knowledgeable readers. * Library Journal *Table of ContentsAcknowledgments 1 Introduction: Getting the Question Right? Ways of Thinking about the Death Penalty Randall McGowen 2 Modes of Capital Punishment: The Death Penalty in Historical Perspective David Garland 3 The Death Penalty: Between Law, Sovereignty, and Biopolitics Michael Meranze 4 Through the Wrong End of the Telescope: History, the Death Penalty, and the American Experience Randall McGowen 5 Hanging and the English Judges: The Judicial Politics of Retention and Abolition Douglas Hay 6 Interposition: Segregation, Capital Punishment, and the Forging of the Post-New Deal Political Leader Jonathan Simon 7 The Convict's Two Lives: Civil and Natural Death in the American Prison Rebecca McLennan About the Contributors Index

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Book SynopsisBuilds a sophisticated yet clear new theory of social repressionTrade Review"Solidly empirical, richly descriptive and clearly written analysis." * American Journal of Sociology *"This book provides a timely and much-needed critical reflection on how major protest events are controlled and the consequences of such practices... dense yet accessible and important." * Cultural Sociology *"Shutting Down the Streets offers a fresh perspective on the dynamic of protest policing and the control of dissent generally...[the book] broadens the scope of study beyond protest policing to include control mechanisms that are deployed against social movements over many years." * International Social Science Review *"The authors of this excellentand beautifully writtenmonograph...write not from the outside...but as activist scholars." -- Deborah Eade * Interface *"The authors provide an insightful explanation of current trends towards the policing of protests, including a vast array of empirical support. While the book uses a great deal of scholarly literature, it does not solely target an academic audience, but rather anyone interested in the role of social movements in today's society." -- Anisha Mehta * International Law and Politics *"The work effectively combines scholarly analysis with the immediate sense of direct action taken from firsthand accounts." -- M.F. Farrell * CHOICE *"This is a work of the movement rather than a dispassionate attempt at objective analysis and evaluation...Shutting Down the Streets is an important resource in understanding the repression being experienced by the Occupy movement." * Working USA *Table of Contents1 What Is Going On? 2 The Geography of Global Governance: Spatial Dynamics of Controlling Dissent 3 Toward a Political Economy of the Social Control of Dissent 4 Policing Alterglobalization Dissent 5 A Taxonomy of Political Violence 6 Antirepression: Resisting the Social Control of Dissent 7 Democracy Out of Order Appendix A: Summits Directly Observed by Authors Appendix B: Of Stones and Flowers: John Holloway and Vittorio Sergi on Protest Tactics Appendix C: Suggestions for Future Research Notes Bibliography Index About the Authors

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Book SynopsisInterviews with African American women in prison.Trade Review"Johnson provides a historical look at African American women in the U.S. criminal justice system from the colonial period to the present." * Law's Social Inquiry *"Johnson gives these women visibility and voice as they relate their lives, their crimes, and their efforts to remain connected to families and communities . . . powerful." * Booklist *"Inner Lives soars when the women are allowed to speak for themselves." * Book *"Johnsons Inner Lives provides both a serious intervention in the literature on prisons and a venue through which incarcerated and formerly incarcerated Black women can speak for themselves. It challenges readers to take action." * Black Renaissance *"Johnson illuminates how the race and gender of African American women affect how they are treated in the American criminal justice system." * The Womens Review of Books *Table of ContentsForeword by Joyce A. Logan Preface AcknowledgmentsIntroduction1 Analysis of African American Women's Experiences in the U.S. Criminal Justice System 1I Profiles and Narratives of African American Women in the U.S. Criminal Justice System A Currently Incarcerated Women Don Alda Cynthia Mamie Elizabeth Rae Ann Donna Martha Marilyn B Formerly Incarcerated Women Bettie Gibson Joyce Ann Brown Betty Tyson Karen Michelle Blakney Ida P. McCray Millicent Pierce Joyce A. Logan Donna Hubbard Spearman C Criminal Justice Officials and Support Networks Judge Juanita Bing Newton Assistant Warden Gerald Clay Grace House Administrators: Rochelle Bowles, Mary Dolan, Annie Gonzalez, and Kathy Nolan Sandra Barnhill, Director, Aid to Children of Imprisoned Mothers (AIM)Rhodessa Jones, Director, Medea Theater Project Professor Brenda V. Smith A Family Story: Renay, Judy, Debbie, and Kito III Conclusions and Recommendations Afterword by Angela J. Davis Appendix A: Self-Study Course on African American Women's History Appendix B: Resource Directory Notes Bibliography Index About the Author

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Book SynopsisProviding both a local and a national context for New York's plunging crime rate, this work tests and debunks the many self-serving explanations for the decline. It also emphasizes the decline of the crack epidemic, skyrocketing incarceration rates, favorable demographic trends, a healthy economy, a rise in college enrollment, and more.Trade ReviewSystematically debunks popularly accepted reasons for the crime crash by wedding closely analyzed statistical data with common sense and historical precedent. . . . After reading this book, one thing becomes certain: today's New York isn't what it used to be. * Villager *Karmen has written a book that anyone interested in the New York City crime story should read. Nobody has written about the NYC drop in crime more comprehensively or more even-handedly. This book assesses a complicated story with an air of confidence and produces a convincing analysis. Those who think they already know the story are bound to be surprised by what they read here, and those who want to draw policy conclusions for New York's experience will find Karmens reliable analysis helps them avoid some of the pitfalls in the cyclical fads of criminal justice reform. -- Todd R. Clear,President of the Academy of Criminal Justice SciencesNew York Murder Mystery is long overdue. It provides a well-written, illuminating analysis of an issue often subject to self-serving and simplistic sound-bites. Guided by Karmens thoughtful and thorough presentation, we come to understand all the factors contributing to the last decade's crime drop. We learn to credit not only new police tactics, demographics declines, and a prosperous economy but also the many thousands of youth who practiced wisdom and discipline in avoiding the self-defeating behavior patterns of their older friends and relatives. -- Robert Gangi,Executive Director, The Correctional AssociationWith this elegant sweep, the author has parted the curtain to reveal a gaseous windbag behind the bombast attending the miraculous claims of today's wizards. Bravo. -- Tony Bouza * Law Enforcement News *Table of ContentsPreface Acknowledgments List of Abbreviations1 The 1990s Crime Crash in New York2 Deconstructing Murders 3 NYPD or Not NYPD: That Is the Question 4 Behind Bars? 5 The Drug-Crime Connection 6 It's the Economy, Stupid! Or Is It? Did the Boom Cause the Crash?7 Where Have All the Criminals Gone? Did Favorable Demographic Trends Facilitate the Crash? 8 Lessons from the New York ExperienceNotesAppendix References Name Index Subject Index About the Author

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Book SynopsisShows how two well-established, traditional criminal law defenses - the doctrines of provocation and self-defense - enable certain defendants to more easily justify their acts of violence than others. This work suggests three tentative legal reforms to address problems of bias and undue leniency.Trade ReviewProvocative and persuasive. In this well-written and meticulously documented book, Cynthia Lee demonstrates how the law has defined & reasonableness in criminal law to favor men against women, straight men against gay men, and whites against blacks. Lees synthesis of many seemingly different examples, with thoughtful responses to the various objections that might be raised, is legal scholarship that can make a difference in our social practices. This is a serious and compelling book that should lead to reform. -- Frank H. Wu,author of Yellow: Race in America beyond Black and WhiteFor Cynthia Lee, legal analysis is not a scholastic exercise in logical deduction or philosophical puzzle-solving, but a vivid form of social criticism. In relentlessly exposing the law's foundation in partisan social norms, she challenges the prevailing modes of legal scholarship as well as the prevailing understandings of voluntary manslaughter and self-defense doctrine. Murder and the Reasonable Man establishes Lee as one of the pre-eminent commentators on American criminal law. -- Dan Kahan,Professor of Law, Yale Law SchoolSmart, insightful, and important, this book proves that the criminal justice system does not treat all persons equallythat the reasonable man is a man, and that men get away with murder, while women pay with their lives. Must reading for students of the law, gender studies, and all those who care about equal justice. -- Susan Estrich,Robert Kingsley Professor of Law and Political Science, University of Southern California, and author of Real Rape, Getting Away with Murder: How Politics is Destroying the Criminal Justice SystemLee's book is a compelling and well-informed analysis of the issues raised when courts confront questions of reasonableness in high-profile, headline-grabbing cases. * Choice *Lee challenges readers to question the concept of 'reasonableness' and how it has been applied. . . Scholars, students, professionals and the educated public will appreciate the careful, well-documented argument and pertinent examples. * Library Journal *Table of ContentsAcknowledgments Introduction I Crimes of Passion (The Doctrine of Provocation) 1 Female In?delity 2 Unreasonable Women, Gay Men, and Men of Color 3 Gay Panic 4 Culture and Crime II Crimes of Fear (The Doctrine of Self-Defense) 5 An Overview of the Doctrine of Self-Defense 6 Race and Self-Defense 7 Race and Police Use of Deadly Force III Rethinking Reasonableness 8 The Elusive Meaning of Reasonableness 9 Toward a Normative Conception of Reasonableness 10 The Act-Emotion Distinction Conclusion Notes Bibliography Index About the Author

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Book SynopsisDiscusses how the death penalty might be abolished, with particular emphasis on the debate over lethal injection as a case study on why and how the elimination of certain forms of execution might provide a model for the larger abolition of the death penalty.Trade ReviewA thoughtful discussion that is timely, well written, and deeply relevant to current public policy and law. * Library Journal *The essays, organized into three sections, are as compelling in their analyses as those in the first two collections. * Choice *Road to Abolition? makes a convincing case that there is a spreading consensus, both internationally and on our own soil, that the death penalty is an outmoded and barbaric practice. -- Ben Pesta * The Daily Journal Corporation *The Road to Abolition is a collection of work by some of the best researchers on capital punishment assessing the prospects of a future without the death penalty."- -- Aaron Lorenz * H-Humanitarian Rights *The Road to Abolition? may well become a history of the future, bringing together an impressive group of scholars who analyze the myriad social, legal, and political conditions that suggest that the end of the death penalty in America may be near. This collection of essays is provocative, creative, and deeply insightful, linking the problem of capital punishment to a series of larger debates of our time. It is a must read for anyone interested in the death penaltys past, present, and future in the United States. -- Mona Lynch,author of Sunbelt Justice: Arizona and the Transformation of American PunishmentIn this era of national rethinking of the death penalty, The Road to Abolition? makes a singular contribution. From start to finish this is a compelling book. Bringing together a series of insightful essays by distinguished scholars, Ogletree and Sarat help us take stock of the progress weve made and what remains to be done to end capital punishment. For death penalty scholars as well as activists and policy makers this is a must read. -- Sister Helen Prejean, CSJ,author of Dead Man WalkingThis timely book should be read by anyone who has a personal or professional interest in capital punishment. The chapters in this volume vividly capture both the current state and the future of the abolition movement in the United States. -- John Blume,Professor of Law, Director of the Cornell Death Penalty Project, Cornell Law SchoolTable of ContentsAcknowledgments IntroductionCharles J. Ogletree, Jr., and Austin SaratPart I 1 The Executioner's Waning Defenses Michael L. Radelet 2 Blinded by Science on the Road to Abolition? Simon A. Cole and Jay D. Aronson 3 Abolition in the United States by 2050: On Political Capital and Ordinary Acts of ResistanceBernard E. Harcourt 4 The Beginning of the End? Carol S. Steiker and Jordan M. Steiker 5 Rocked but Still Rolling: The Enduring Institution of Capital Punishment in Historical and Comparative PerspectiveMichael McCann and David T. JohnsonPart II 6 For Execution Methods Challenges, the Road to Abolition Is Paved with ParadoxDeborah W. Denno 7 Perfect Execution: Abolitionism and the Paradox of Lethal InjectionTimothy V. Kaufman-Osborn 8 "No Improvement over Electrocution or Even a Bullet": Lethal Injection and the Meaning of Speed and Reliability in the Modern Execution ProcessJurgen MartschukatPart III 9 Torture, War, and Capital Punishment: Linkages and Missed ConnectionsRobin Wagner-Pacifici 10 Making Difference: Modernity and the Political Formations of Death Peter FitzpatrickAbout the ContributorsIndex

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Book SynopsisProsecution Complex - America's Race to Convict and its Impact on the InnocentTrade Review"Prosecution Complexchallenges us all to work towards changes that can be more likely to result in genuine justice, rather than the comfortable feeling that comes simply from putting somebody behind bars." -- Scott Renshaw * City Weekly *"Prosecution Complexis an enlightening book that tackles an issue many tend to shy away from." -- Shelby Scoffield * Desert News *"The book should be required reading by all prosecutors, and by all law students who would seek to practice criminal law." -- Maurice Possley * Los Angeles Daily Journal *"Wrongful convictions will continue until prosecutors are one day held accountable for their deliberate misconduct. Prosecution Complex examines their misbehavior and the tragic consequences. It also shows us how to fix the problems." -- John Grisham,New York Times best-selling author of The Litigators"Professor Daniel Medwed has written a compelling book entitled Prosecution Complex. The book offers inside knowledge based on his experience as a litigator and serious scholar of miscarriages of justice in the criminal justice system. Anybody concerned with fairness and examining the role of prosecutors at every stage of our criminal justice process will find this book absorbing, sobering, and informative. I strongly recommend it to anyone who is looking at our American legal system and seeking reforms. This is a must read!" -- Charles J. Ogletree,Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice""Daniel Medwed provides a fascinating ethical, legal, and psychological perspective on the work of prosecutors, the power-players in our criminal justice system.With gripping accounts from real criminal cases gone wrong, he shows how the best-intentioned prosecutors can convict the innocent while racing to convict the guilty. Prosecutors can fall prey to cognitive biases that we all share in our everyday lives, but with nearly-absolute discretion, they lack adequate checks and safeguards to correct for such bias. This book simply must be read by all who care about the past and the future of criminal justice." -- Brandon L. Garrett,Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia"One value of Medwed's book is his even-handed, clear-headed explication of all the ways prosecutors can contribute to the conviction of innocent defendants. There is also value in his suggested reforms." * Rutgers *"Highly recommended for general readers, upper-division undergraduate students and above." * CHOICE *"Daniel S. Medwed has put together a book that appeals to both academics and anyone interested in gaining knowledge about many of the intricate details of prosecution." * Criminal Justice Review *"Medweds discussion of particularly horrific cases of injustice and particularly groundbreaking reforms is illuminating . . . [The author] reminds his readers that the goal of doing justice and achieving accurate outcomes is not hopelessly naive, nor is it necessarily an issue about which the defense and the prosecution should disagree. For better or worse, he also seems to suggest that much of the potential for reforming prosecutorial practices lies with prosecutors own commitment to doing honorable work." * Appeal and Habeas blog *"Medwed engages in a scholarly conversation with those who, like him, work or have worked in the criminal justice system and understand how seemingly small legal changes can seriously affect how cases are tried, won, and lost" * Boston Review *Table of ContentsAcknowledgments Introduction Part I. Fair Play? Prosecutorial Behavior Prior to Trial 1 Charging Ahead 2 In the Interest of Full Disclosure: Discovery in Criminal Cases 3 Plea Bargaining Pitfalls Part II. Beyond a Reasonable Doubt? Reasons to Doubt Prosecutorial Conduct during Trial 4 Preparation and Examination of Witnesses 5 Test Tubes on Trial: Prosecutors and Forensic Evidence 6 Closing the Door on Innocence: Improper Summations by Prosecutors Part III. The Fallacy of Finality: Prosecutors and Post-Conviction Claims of Innocence 7 Prosecutorial Resistance to Post-Conviction Claims of Innocence 8 A Closer Look: Prosecutors and Post-Conviction DNA Testing 9 In Denial: Prosecutors' Refusal to Accept Proof of an Inmate's Innocence Conclusion Notes Index About the Author

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Book SynopsisThe Internet has dramatically altered the landscape of crime and national security, creating new threats. This work brings together leading experts to describe crime prevention and security protection in the electronic age. It provides information ranging from government requirements that facilitate spying to methods of digital proof.Trade ReviewCybercrime is written by the leading academic experts and government officials who team together to present a state-of-the-art vision for how to detect and prevent digital crime, creating the blueprint for how to police the dangerous back alleys of the global Internet. -- Peter P. Swire,C. William O'Neill Professor of Law, the Ohio State University, and former Chief Counselor for PrivaA timely and important collection of materials from highly qualified authors. Cybercrime will provide a wealth of new insights both for general readers and for those who study and teach about the legal and policy implications of the internet. -- David Johnson,Visiting Professor of Law, New York Law SchoolThe collection provides an interesting and insightful exploration of the digital environment in which cybercrimes take place and the conditions that affect their regulation. . . . A book that criminologists should read because there is much to be learned from it. . . . A good scholarly piece of work by heavyweight contributors who both individually and collectively make substantial contributions to the cybercrime debate. * Surveillance & Society *When a crime scene is in cyberspace, forget the yellow tape. Boundaries, along with evidence and procedure, need to be re-envisioned. Or, as Daniel E. Geer Jr. puts it: & Digital law is and must be counterintuitive because our intuitions about the physical world can be misleading when applied to the digital realm. Mr. Geers essay on the & physics of digital law is a fitting start to Cybercrime: Digital Cops in a Networked Environment, a collection of writings assembled by the Information Society Project, at Yale Law School. * The Chronicle of Higher Education *Table of Contents1. Introduction Jack M. Balkin and Nimrod KozlovskiPart I The New Crime Scene: The Digital Networked Environment2. The Physics of Digital Law: Searching for Counterintuitive Analogies Daniel E. Geer, Jr.3. Architectural Regulation and the Evolution of Social Norms Lee Tien4. Where Computer Security Meets National Security Helen NissenbaumPart II New Crimes: Virtual Crimes of the Information Age5. Real-World Problems of Virtual Crime Beryl A. HowellPart III New Cops: Rethinking Law Enforcement in a Digital Age6. Designing Accountable Online Policing Nimrod Kozlovski7. Counterstrike Curtis E. A. KarnowPart IV New Tools for Law Enforcement: Design, Technology, Control, Data Mining, and Surveillance8. Why Can't We All Get Along? How Technology, Security, and Privacy Can Coexist in the Digital AgeKim A. Taipale9. CALEA: Does One Size Still Fit All? Emily HancockPart V New Procedures: E-Prosecution, E-Jurisdiction, and E-Punishment10. The Council of Europe's Convention on Cybercrime Susan W. Brenner11. Digital Evidence and the New Criminal Procedure Orin S. KerrAbout the Contributors AcknowledgmentsIndex

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Book SynopsisTrade Review"Sex and Harm in the Age of Consent is a strongly original, frequently brilliant, cross-disciplinary study of the limitations of consent for measuring sexual freedom and sexual harm."—Tim Dean, University of Illinois, Urbana–Champaign "Joseph J. Fischel’s Sex and Harm in the Age of Consent offers a breathtakingly queer account of sex, perversion, innocence, and consent. His careful and complex reading of the social and legal meaning of the ‘sexual predator’ boldly challenges the common wisdom about the justifications for and consequences of regulating outlaw sexuality."—Katherine Franke, director, Center for Gender & Sexuality Law, Columbia Law School"A very well-researched book . . . I applaud the author for the depth and breadth of his scholarship."—PsycCRITIQUES "A carefully written, intellectually challenging argument... A must read for queer and feminist scholars."—CHOICE "Through his proposal of autonomy, peremption, and an adolescence not isolated from social and historical contexts of inequality yet distinguishable from childhood, Fischel effectively moves the debate on what constitutes sexual harm well beyond the dichotomy of consent and predation." —PoLAR "The book is deeply compelling in its capacity to weave a legal archive and a popular culture archive, and in its compelling close-readings of both case law (and policy) and visual culture."—Political Theory"Sex and Harm in the Age of Consent should be considered required reading for anyone committed to thinking age as a central determinant of sexuality in consensual times."—GLQ: A Journal of Lesbian and Gay StudiesTable of ContentsContentsAcknowledgments Introduction: Sex and the Ends of Consent1. “Especially Heinous”: Politics, Predation, Sex Panics2. Transcendent Homosexuals, Dangerous Sex Offenders3. Numbers, Sex, Power: Age and Sexual Consent4. Growing Somewhere? Journeys of Gendered AdolescenceConclusion: Other Sex ScandalsNotesBibliographyIndex

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Book SynopsisEssays offer a new challenge to the death penalty's legitimacy, in light of new empirical research and case studies, and against the backdrop of international law and recent changes in US domestic law.Trade Review“Important and timely, Beyond Repair? presents disturbing findings about the legal system’s inability to administer the death penalty fairly. Especially noteworthy for the new empirical data it brings to bear, this book presents a necessary—and unsettling—look at capital punishment in America today.”—Nadine Strossen, President, American Civil Liberties Union and Professor of Law, New York Law School“In these essays some of our most knowledgeable students of capital punishment take a hard, no-nonsense look at how it actually operates and what drives America’s passionate refusal either to come to peace with the death penalty or give it up. Vital reading for whoever would understand why it can function only fitfully, peevishly, and perversely.”—Anthony G. Amsterdam, New York University School of Law“This collection is an indispensable guide to the new learning on the death penalty, and to the reasons why capital punishment has suddenly become one of the nation's most pressing issues of public policy and debate.”—James S. Liebman, Columbia Law SchoolTable of ContentsAcknowledgments Introduction / Stephen P. Garvey 1 : Second Thoughts: Americans’ Views on the Death Penalty at the Turn of the Century / Samuel R. Gross & Phoebe C. Ellsworth 2 : Capital Punishment, Federal Courts, and the Writ of Habeas Corpus / Larry W. Yackle 3 : “Until I Can Be Sure”: How the Threat of Executing the Innocent Has Transformed the Death Penalty Debate / Ken Armstrong & Steve Mills 4 : Race and Capital Punishment / Sheri Lynn Johnson 5 : Lessons from the Capital Jury Project / John H. Blume, Theodore Eisenberg, & Stephen P. Garvey 6 : International Law and the Abolition of the Death Penalty / William A. Schabas Postscript: The Peculiar Present of American Capital Punishment / Franklin E. Zimring Contributors Index

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Book SynopsisThis book gives a theoretical and historical account of felon disenfranchisement, showing deep connections between punishment and citizenship practices in the United States. These connections are deployed quietly and yet perniciously as part of a political system of white supremacy, shaping contemporary regimes of punishment and governance.Trade Review"In Punishment and Inclusion: Race, Membership, and the Limits of American Liberalism Andrew Dilts provides a careful, committed, and compelling analysis of connections between race, disenfranchisement, and punishment in the US." -Daniel C. Shartin, Radical Philosophy Review "In the United States today, approximately 5.8 million people have lost the right to vote due to a felony conviction. The disenfranchisement rate, like the incarceration rate, is starkly racialized: 1 in 13 African Americans are excluded from voting, compared to 1 in 56 Americans of other races... Punishment and Inclusion is a must-read for anyone who wants to understand how this situation came to be, and how the practice of felon disenfranchisement (re)produces extreme racial inequality through a colorblind criminal legal system." -Theory & Event "Punishment and Inclusion: Race, Membership, and the Limits of American Liberalism is a powerful, remarkable book. It insightfully explores the nexus of punishment, disenfranchisement, and racism in the United States. Dilts calls on all of us to rethink our longstanding practice of felony disenfranchisement. His argument is subtle and thoroughly convincing. Written in an engaging and lucid style, it is truly a pleasure to read this book." -- -Austin Sarat Amherst College "This book pulls from many different disciplines, perspectives, and sources to construct a compelling argument about the status of American democracy today. It applies theoretical sophistication to these sources while maintaining a strong political commitment. This is a combination that is all too rare in the field of political and legal theory today!" -- -Keally McBride University of San Francisco "...because this study is so theoretically rich, practically engaged, and filled with critical insight, it invites a host of follow-up questions, suggestive for future research growing out of this work." -- Leonard C. Feldman -Law, Culture, and the HumanitiesTable of ContentsPreface Acknowledgments 1 A Productive Injustice 2 Fabricating Figures 3 Neoliberal Penality and the Biopolitics of Homo OEconomicus 4 To Kill a Thief 5 Innocent Citizens, Guilty Subjects 6 Punishing at the Ballot Box 7 Civic Disabilities 8 (Re)figuring Justice Coda Notes Bibliography Index

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Book SynopsisTakes readers into the courtroom to hear a streetwise convict verbally sparring with the DA, then brings us into the confines of the jury room to have us witness nervous chatter over the meaning of evidence. As an antidote, the author suggests that literary and historical texts can help us develop the capacity for prudential judgment.

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Book SynopsisThe book shows, through volumes of quantitative data and the voices of judges, prosecutors and defence lawyers, how the party-state continues to influence and control both the process and outcome of criminal trials through an elaborate system of audit and sanction, the result of which is a system of aggregate rather than individual justice.Trade Review[T]his is an outstanding piece of scholarship. . . This remarkable book is a great contribution to our understanding of this tension and how it plays out in the criminal process in China. --Susan Trevaskes, The China JournalIn conclusion, I have little doubt that the book will be warmly received not only by students, practitioners, and academics specializing in Chinese law, especially in criminal justice and sociology of law, but also by those interested in comparative law and general China studies. --Jianfu Chen, Asian Journal of CriminologyThis book is an extensive survey and appraisal of Chinese criminal justice by Mike McConville and five colleagues. It should interest not only specialists in Chinese law but any reader seeking insights into China's political culture. It is distinguished by the depth of its empirical approach, displayed notably by extracts from interviews. Its publication is timely. --Stanley Lubman, The China QuarterlyTable of ContentsContents: 1. Introduction 2. Sources of Police Cases 3. Police Powers in Relation to Detention and Arrest 4. The Construction of the Police Case 5. Pre-Trial Preparation of Prosecutors 6. Pre-Trial Involvement of Judges 7. The Construction of the Defence Case 8. Trial Procedure, Rules, Setting and Personnel 9. The Trial: Case File Analysis 10. The Prosecution Observed 11. The Defence at Trial Observed (1) 12. The Defence at Trial Observed (2) 13. Trial Outcomes Observed 14. The Process and the System 15. Conclusion Appendices Bibliography Index

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