Author: Kai Ambos
Publisher: Cambridge University Press
Published: 2020-01-16
Total Pages: 507
ISBN-13: 1108483399
DOWNLOAD EBOOK →A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Alison Burke
Publisher:
Published: 2019
Total Pages:
ISBN-13: 9781636350684
DOWNLOAD EBOOK →Author: Sarah A. Seo
Publisher:
Published: 2019
Total Pages: 353
ISBN-13: 0674980867
DOWNLOAD EBOOK →Policing the Open Road examines how the rise of the car, that symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile transformed American freedom in radical ways, leading us to accept--and expect--pervasive police power. As Policing the Open Road makes clear, this expectation has had far-reaching political and legal consequences.--
Author: Barry C. Feld
Publisher: NYU Press
Published: 2019-06-01
Total Pages: 408
ISBN-13: 147987129X
DOWNLOAD EBOOK →Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice Sciences A major statement on the juvenile justice system by one of America’s leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.” Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.
Author: Charles R. Epp
Publisher: University of Chicago Press
Published: 1998-10-15
Total Pages: 348
ISBN-13: 9780226211626
DOWNLOAD EBOOK →List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author: Hayden Scott Thorne
Publisher: Mantara
Published: 2023-06-28
Total Pages: 0
ISBN-13: 9781835202852
DOWNLOAD EBOOK →"There is little doubt that the marked trend of the law toward expanded rights of defendants, a trend so noticeable over the past two decades, has been influenced in part by the imbalance of the representation equation before the Court. I do not imply that the central core of this trend would not have been pretty much the same. There were areas of the criminal law, implicating important constitutional guarantees, that urgently needed reexamination and reform. But the fact is, as very judge knows, that the quality of advocacy - the research, briefing and oral argument of the close and difficult cases - does contribute significantly to the development of precedents." - Justice Lewis F. Powell, Jr., Remarks to the Fifth Circuit Judicial Conference, New Orleans, May 1974.1 Justice Lewis F. Powell Jr.'s remarks in 1974, two years after his appointment to the United States Supreme Court, emphasise the role played by counsel representing criminal defendants in the Due Process Revolution of the 1960s. Powell's suggestion that the quality of advocacy contributes significantly to the outcome of Supreme Court cases is reinforced by many of his judicial colleagues and predecessors. The current Chief Justice, John G. Roberts, is on record in his view that oral argument is a crucial tool for appellate advocates, while Justice John M. Harlan, II, former Chief Justice William Rehnquist, and Justice William Brennan have all remarked on the vital role played by advocates in the judicial process.2 The work of trial lawyers has received a good deal of academic attention - indeed, one of the cases considered by this thesis, Gideon v. Wainwright (1963), concerns the importance of counsel in state criminal trials.3 Much less attention has been paid, however, to appellate advocacy and the ability of lawyers to influence the outcome of Supreme Court cases, despite repeated comments from the bench that advocacy matters
Author: Jason Parkin
Publisher:
Published: 2019
Total Pages: 46
ISBN-13:
DOWNLOAD EBOOK →What does the future hold for procedural due process? From the due process revolution of the 1960s and 1970s until recently, constitutional litigation was the primary driver of procedural innovation. Plaintiffs brought lawsuits challenging existing procedures under the Due Process Clause, and courts used the Supreme Court's cost-benefit, interest-balancing approach to determine the specific dictates of due process. That approach reflected the Court's longstanding view of procedural due process as flexible and adaptable to changing circumstances, but it also imposed significant evidentiary hurdles on due process plaintiffs. As a result, in recent years, due process doctrine has stagnated, with courts less and less interested in ordering additional or alternative procedural safeguards.At the same time, bottom-up procedural experimentation is on the rise. Across jurisdictions and legal contexts, government agencies and court systems are reforming procedures in ways that have been unachievable through litigation. These reforms -- for example, creating a right to counsel in deportation and eviction cases, adopting electronic forms of notice, and requiring judges to play an active role in cases with pro se litigants -- strike at the heart of the due process guarantee, yet the courts are not driving these changes. This has created a growing gap between due process doctrine and procedural innovations that are not the result of litigation.This Article analyzes the current divergence between due process doctrine and practice. It begins by tracing the shift from the due process revolution's court-driven procedures to today's bottom-up experimentation. Next, it examines three recent examples of procedural experimentation and situates those innovations within the Supreme Court's due process doctrine. The Article then proposes a dialogic approach to procedural due process, through which data generated by procedural innovations can help courts evaluate due process claims in litigation. By putting courts in conversation with the wave of procedural innovations unfolding across the nation, this dialogic approach can help revive an otherwise stagnant branch of constitutional doctrine and ensure that the Due Process Clause continues to guarantee fair procedures in the face of changing circumstances.
Author: Randy James Holland
Publisher:
Published: 2014
Total Pages: 0
ISBN-13: 9780314676719
DOWNLOAD EBOOK →An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.