Privilege and Punishment

Privilege and Punishment PDF

Author: Matthew Clair

Publisher: Princeton University Press

Published: 2022-06-21

Total Pages: 320

ISBN-13: 069123387X

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How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

The Death of Punishment

The Death of Punishment PDF

Author: Robert Blecker

Publisher: St. Martin's Press

Published: 2013-11-19

Total Pages: 320

ISBN-13: 1137381337

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For twelve years Robert Blecker, a criminal law professor, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder. The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, the history and philosophy professor exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives. The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.

Criminal Punishment and Restorative Justice

Criminal Punishment and Restorative Justice PDF

Author: David J. Cornwell

Publisher: Waterside Press

Published: 2006-02-01

Total Pages: 193

ISBN-13: 1906534101

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In Criminal Punishment and Restorative Justice author David J. Cornwell draws on bedrock issues in contemporary criminology and penology in order to contrast punitive and restorative responses to crime. He then looks at the forces that serve to constrain more emphatic adoption of restorative methods and - against a backdrop of increasing worldwide reliance on custody, 'touch solutions' and punitive thinking - examines the claims of restorative justice to mainstream adoption by governments. The book also provides an international perspective on the needs of victims and offenders alike and assesses how the worldwide trend towards punitive methods can be reversed by challenging offenders to take responsibility for their offences and to make practical reparation for the harm that they have caused. Such developments, the author argues, would serve to make 'corrections' more effective, civilised, humane, pragmatic, 'non-fanciful' and less driven by the often ill-considered politics of the moment.

An Essay on Crimes and Punishments

An Essay on Crimes and Punishments PDF

Author: Cesare Beccaria

Publisher: The Lawbook Exchange, Ltd.

Published: 2006

Total Pages: 274

ISBN-13: 1584776382

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Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.

Discipline Over Punishment

Discipline Over Punishment PDF

Author: Trevor W. Gardner

Publisher: Rowman & Littlefield

Published: 2016-08-16

Total Pages: 170

ISBN-13: 1475822278

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Discipline Over Punishment is an exploration of the transformative potential of restorative discipline practices in schools, ranging from the micro-level of one-on-one interactions with students to the macro-level of re-routing the school-to-prison pipeline and improving life outcomes for young people. Gardner, who continues to teach high school in Oakland, CA, has spent nearly 20 years innovating, struggling, and succeeding to implement various restorative justice practices in classrooms and schools around the Bay Area. Using classrooms and schools where he has taught and students, families and educators with whom he has worked, Gardner examines how restorative justice, as a set of beliefs and practices can be a force for justice and equity in our classrooms, schools, and beyond.

Punishment in Popular Culture

Punishment in Popular Culture PDF

Author: Austin Sarat

Publisher: NYU Press

Published: 2015-06-05

Total Pages: 316

ISBN-13: 1479833525

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Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.

Usual Cruelty

Usual Cruelty PDF

Author: Alec Karakatsanis

Publisher: The New Press

Published: 2019-10-29

Total Pages: 130

ISBN-13: 1620975289

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From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.