Law Without Justice

Law Without Justice PDF

Author: Colin S Diver Distinguished Professor of Law Paul H Robinson

Publisher: Oxford University Press on Demand

Published: 2006

Total Pages: 332

ISBN-13: 0195160150

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This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practicallimitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.

Justice Without Law?

Justice Without Law? PDF

Author: Jerold S. Auerbach

Publisher: Oxford University Press, USA

Published: 1984

Total Pages: 199

ISBN-13: 0195034473

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An examination of various types of litigation - arbitration, mediation, and conciliation.

Law Without Values

Law Without Values PDF

Author: Albert W. Alschuler

Publisher: University of Chicago Press

Published: 2000

Total Pages: 340

ISBN-13: 9780226015217

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Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.

The Enterprise of Law

The Enterprise of Law PDF

Author: Bruce L. Benson

Publisher: Independent Institute

Published: 2013-03-01

Total Pages: 384

ISBN-13: 1598130692

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In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

No Equal Justice

No Equal Justice PDF

Author: David Cole

Publisher: ReadHowYouWant.com

Published: 2010-10

Total Pages: 386

ISBN-13: 1459604199

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First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.

Freedom without Justice

Freedom without Justice PDF

Author: Chol Soo Lee

Publisher: University of Hawaii Press

Published: 2017-06-30

Total Pages: 345

ISBN-13: 0824857941

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Freedom without Justice is the compelling story of Chol Soo Lee’s wrongful imprisonment and his years of survival in prison, while political activists fought to win his freedom. His saga took place against a backdrop of great historical change in Asian American communities following the passage of the 1965 Immigration Act. In 1973, less than a decade after he immigrated to the United States from Korea at the age of twelve, Lee is convicted of murder and given a life sentence. Four years later, his case became a nationwide rallying point for an extraordinary pan–Asian American movement during the late 1970s and early 1980s, bringing together people from a broad spectrum of social backgrounds for a common political cause. This diverse grassroots activism organized a six-year “Free Chol Soo Lee!” campaign that led to his release from San Quentin’s Death Row in 1983. While the case inspired newspaper headlines, TV specials, and even a Hollywood movie, until now the full story has never been told in Chol Soo Lee’s own voice. Freedom without Justice reveals the race and class dimensions of US correctional institutions from the perspective of convicts who fiercely refuse to be victims. As a chronicle of the life of a youth at risk, during a time when Asian American inmates were scarce, and Korean Americans even scarcer, Lee's memoir draws readers into a variety of worlds—war-torn Korea, the streets of San Francisco, the criminal justice system, prison gang politics, and death row.

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.

The Collapse of American Criminal Justice

The Collapse of American Criminal Justice PDF

Author: William J. Stuntz

Publisher: Harvard University Press

Published: 2011-09-30

Total Pages: 425

ISBN-13: 0674051750

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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

No Contest

No Contest PDF

Author: Ralph Nader

Publisher: Random House

Published: 1998-12-22

Total Pages: 461

ISBN-13: 0375752587

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The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers File baseless lawsuits Use court secrecy to their unfair advantage Engage in billing fraud Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.

Justice before the Law

Justice before the Law PDF

Author: Michael Huemer

Publisher: Springer Nature

Published: 2021-09-06

Total Pages: 375

ISBN-13: 3030675432

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America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.

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