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Criminal Law and the Man Problem

Criminal Law and the Man Problem PDF Author: Ngaire Naffine
Publisher: Bloomsbury Publishing
ISBN: 1509918027
Category : Law
Languages : en
Pages : 376

Book Description
Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.

Criminal Law and the Man Problem

Criminal Law and the Man Problem PDF Author: Ngaire Naffine
Publisher: Bloomsbury Publishing
ISBN: 1509918027
Category : Law
Languages : en
Pages : 376

Book Description
Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. This book brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. This new analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. It explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process it exposes the morally and intellectually limiting consequences of male power.

Case of a Lifetime

Case of a Lifetime PDF Author: Abbe Smith
Publisher: Macmillan + ORM
ISBN: 023061387X
Category : Biography & Autobiography
Languages : en
Pages : 260

Book Description
A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades. For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.

Representing the Accused

Representing the Accused PDF Author: Jill Paperno
Publisher: Aspatore Books
ISBN: 9780314285294
Category : Law
Languages : en
Pages : 274

Book Description
Whether you are a law clinic student making your first foray into criminal defense, a newly admitted attorney, a general practitioner, or an attorney whose practice is concentrated in criminal defense, Representing the Accused will provide you with invaluable advice as you navigate your way through a criminal case. Authored by an experienced criminal defense attorney in a large public defenders office who has personally handled thousands of criminal cases, supervised representation in thousands more, and trained scores of attorneys, this book provides insight and guidance on how to efficiently and effectively manage each step in the handling of a criminal case. In order to help you provide quality representation to your clients, this publication offers clear explanations of a criminal attorneys role at every stage, from the arrest through the conclusion of the case.

Criminal Law

Criminal Law PDF Author: Kevin C. McMunigal
Publisher: Ingram
ISBN: 9781531004019
Category : Criminal law
Languages : en
Pages : 0

Book Description
Criminal Law: Problems, Statutes, and Cases combines effective, innovative teaching methods, such as the use of problems and visual materials, with cases, including recent opinions on bias intimidation, possession of child pornography, threatening speech on social media, and theft of computer code. Key features include: A problem methodology. The book incorporates problem methodology with extensive use of problems, many based on recent cases. A statutory approach. A primary goal of the book is teaching skills in interpreting and, to a lesser degree, writing statutes. Visual materials. Visual materials include: (1) diagrammed crimes; (2) graphic exercises, such as having students create a timeline to compare and contrast various tests for the conduct element in attempt; and (3) video clip recommendations from a wide range of movies and TV shows such as The Wire and Breaking Bad.

ABA Standards for Criminal Justice

ABA Standards for Criminal Justice PDF Author: American Bar Association
Publisher:
ISBN: 9781570737138
Category : Criminal justice, Administration of
Languages : en
Pages : 151

Book Description
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

McElhaney's Trial Notebook

McElhaney's Trial Notebook PDF Author: James W. McElhaney
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 554

Book Description
"All of the essays ... first appeared in Litigation"--Page viii.

Learning Criminal Law as Advocacy Argument

Learning Criminal Law as Advocacy Argument PDF Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851461
Category : Criminal law
Languages : en
Pages : 467

Book Description
More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them.

Gideon's Promise

Gideon's Promise PDF Author: Jonathan Rapping
Publisher: Beacon Press
ISBN: 0807064629
Category : Law
Languages : en
Pages : 250

Book Description
A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.

Overcriminalization

Overcriminalization PDF Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 0198043996
Category : Philosophy
Languages : en
Pages : 244

Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

A Criminal Defense

A Criminal Defense PDF Author: William L. Myers
Publisher:
ISBN: 9781503943421
Category : FICTION
Languages : en
Pages : 0

Book Description
Losing the trial of his life could mean losing everything. When a young reporter is found dead and a prominent Philadelphia businessman is accused of her murder, Mick McFarland finds himself involved in the case of his life. The defendant, David Hanson, was Mick's close friend in law school, and the victim, a TV news reporter, had reached out to Mick for legal help only hours before her death. Mick's played both sides of Philadelphia's courtrooms. As a top-shelf defense attorney and former prosecutor, he knows all the tricks of the trade. And he'll need every one of them to win. But as the trial progresses, he's disturbed by developments that confirm his deepest fears. This trial, one that already hits too close to home, may jeopardize his firm, his family--everything. Now Mick's only way out is to mastermind the most brilliant defense he's ever spun, one that will cross every legal and moral boundary.