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Author: Donald A. Dripps Publisher: Praeger ISBN: Category : Law Languages : en Pages : 328
Book Description
This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.
Author: Donald A. Dripps Publisher: Praeger ISBN: Category : Law Languages : en Pages : 328
Book Description
This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.
Author: Alan Dershowitz Publisher: Simon and Schuster ISBN: 1510757562 Category : Law Languages : en Pages : 181
Book Description
A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.
Author: Daniel Givelber Publisher: NYU Press ISBN: 0814732178 Category : Social Science Languages : en Pages : 228
Book Description
“A brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. It is a data-driven tour de force.” --Richard A. Leo, author of Police Interrogation and American Justice “Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty.” --Samuel Gross, co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and Cases As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors—we acquit the guilty and convict the innocent—and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants “not guilty,” as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.
Author: Delia Lantini Taylor Publisher: United P.C. Verlag ISBN: 9783710306938 Category : Languages : en Pages : 234
Book Description
A terrifying childhood leading to a turbulent adulthood. A story of love, hate, guilty secrets, obsessive feelings, deceptive moral standards. The unravelling of a mystery that will only bring unbearable pain and self-destruction for the heroine - until ...
Author: Shannon Adamcik Publisher: Shannon Adamcik ISBN: 0988240920 Category : Social Science Languages : en Pages : 354
Book Description
Sixteen-year-old Cassie Jo Stoddard agreed to house sit for relatives on the weekend of September 22, 2006. It was something the teenager had done before…but this time something went terribly wrong. When the family returned home at the end of the weekend they found Cassie lying on their living room floor brutally stabbed to death. Detectives focused on two of Cassie’s classmates who had briefly visited her on the night that she was murdered: Torey Adamcik and Brian Draper. Initially both boys denied any knowledge of the crime, but after two separate interrogations, Brian Draper told detectives a chilling story of murder straight out of a horror movie. The two boys were immediately arrested, and a shocking videotape was discovered that seemed to depict the two teens not only planning the cold-blooded murder, but celebrating it. Community outrage was strong and immediate. The public demanded justice. But was the video actually what it appeared to be: a cold-blooded documentary that detailed the plotting of Cassie’s murder; or something else entirely? Could anyone uncover the truth in time and convince a jury that sometimes things aren't always what they appear to be? The Guilty Innocent is narrated by Shannon Adamcik, mother of Torey, one of the accused boys. It takes readers behind the scenes of a trial where prosecutors cared more about public opinion than truth, defense attorneys, who had never argued a murder case, were in over their heads, and a young boy’s life hung in the balance. The United States is the only country in the world that will charge a juvenile as an adult and sentence them to life without parole. As the mother of one such child, I know exactly what happens when a juvenile is placed in adult court where they cannot defend themselves. They are immediately cut off from all human contact, locked in isolation, and railroaded through a justice system they simply cannot comprehend. Consequently, many of these juveniles are sentenced too much longer and harsher terms than their adult counterparts. I've personally lived through this, and I was compelled to write about it. I began for the simple reason that I had lived through this horrendous ordeal and I ached for someone to confide in. But reliving the most painful part of my life was extraordinarily difficult. Ultimately the only reason that I was able to persevere was my deep belief that the story was important and needed to be told. That is still true. This is a true story and no one can tell it better than the people who lived it. A crime reporter can look at the details of a case, but they cannot tell you how it feels to live through it. I can and I did. I used the pre-trial and trial transcripts, copies of the police reports, the autopsy and DNA reports, and DVD recordings of all of the evidence in the case. I've done copious research. But more importantly, I take readers step-by-step through what it feels like when your 16-year-old son is accused of first-degree murder; all the odds are stacked against him; and his defense is in the hands of attorneys you can’t fully trust to come through for you.
Author: Jayson Georges Publisher: Tim& 275; Press ISBN: 9780692338018 Category : Christianity and culture Languages : en Pages : 0
Book Description
"Is your gospel 3D? Western theology emphasizes legal forgiveness of sins, but people in the Majority World seek honor or spiritual power. In today's globalized world, Christians need a three-dimensional gospel. Learn how the Bible speaks to cultures of guilt, shame, and fear, and enhance your cross-cultural ministry among the nations! The 3D Gospel is a concise book explaining the world's three primary culture types and how Christians can fruitfully minister cross-culturally. To equip believers with a dynamic view of gospel, The 3D Gospel explains the following aspects of guilt, shame, and fear cultures: The main cultural characteristics; How people function in everyday life; The biblical narrative of salvation; Doctrines of original sin and the atonement of Jesus; Definitions of 40+ theological categories; Key verses from scripture; Two separate evangelistic approaches; A contextualized form of Christian witness; Practical tips for relationships and communication."--HonorShame.com
Author: Tracy Harpster Publisher: CRC Press ISBN: 1315386488 Category : Law Languages : en Pages : 342
Book Description
This book provides police investigators and homicide detectives with a practical method of analyzing 911 homicide calls to uncover the truth. A structured analysis of 911 homicide calls can directly aid in developing investigative leads, planning interviews and solving cases. Case examples present proven, reliable methods as to when a caller is telling the truth or not. This book lays out a framework to analyze the call to determine truth from fiction. Every member of the investigative team, from call-taker to first responder, investigator, coroner’s investigators, and prosecutor, can contribute to the success of investigations through their knowledge of 911 call analysis.
Author: Anthony Gray Publisher: Lexington Books ISBN: 1498554113 Category : Political Science Languages : en Pages : 209
Book Description
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Author: Richard L. Lippke Publisher: Oxford University Press ISBN: 0190469196 Category : Law Languages : en Pages : 289
Book Description
Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Author: Donald A. Dripps
Author: Donald A. Dripps
Author: Herbert Morris
Author: Alan Dershowitz
Author: Daniel Givelber
Author: Delia Lantini Taylor
Author: Shannon Adamcik
Author: Jayson Georges
Author: Tracy Harpster
Author: Anthony Gray
Author: Richard L. Lippke