Author: Stephanos Bibas Publisher: Oxford University Press ISBN: 0190236760 Category : Law Languages : en Pages : 320
Book Description
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: John J. Hare Publisher: Penn State Press ISBN: 0271081996 Category : Law Languages : en Pages : 457
Book Description
Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
Author: Erica Rhodes Hayden Publisher: Penn State Press ISBN: 0271084243 Category : History Languages : en Pages : 255
Book Description
This book traces the lived experiences of women lawbreakers in the state of Pennsylvania from 1820 to 1860 through the records of more than six thousand criminal court cases. By following these women from the perpetration of their crimes through the state’s efforts to punish and reform them, Erica Rhodes Hayden places them at the center of their own stories. Women constituted a small percentage of those tried in courtrooms and sentenced to prison terms during the nineteenth century, yet their experiences offer valuable insight into the era’s criminal justice system. Hayden illuminates how criminal punishment and reform intersected with larger social issues of the time, including questions of race, class, and gender, and reveals how women prisoners actively influenced their situation despite class disparities. Hayden’s focus on recovering the individual experiences of women in the criminal justice system across the state of Pennsylvania marks a significant shift from studies that focus on the structure and leadership of penal institutions and reform organizations in urban centers. Troublesome Women advances our understanding of female crime and punishment in the antebellum period and challenges preconceived notions of nineteenth-century womanhood. Scholars of women’s history and the history of crime and punishment, as well as those interested in Pennsylvania history, will benefit greatly from Hayden’s thorough and fascinating research.
Author: John L. Costello Publisher: Lexis Pub ISBN: 9780874736717 Category : Law Languages : en Pages : 831
Book Description
Virginia Criminal Law & Procedure, Second Edition is the definitive authority on criminal law in the Commonwealth of Virginia, offering comprehensive coverage of dozens of substantive crimes, plus the procedural, constitutional, & ethical issues involved in criminal practice. Author John L. Costello discusses problems encountered in pretrial, trial, & appellate practice offering valuable guidance at each stage. From arrest to appeal, Virginia Criminal Law & Procedure is the practice manual criminal lawyers in Virginia can't afford to be without.
Author: Stephanos Bibas
Author: American Bar Association. House of Delegates
Author: John J. Hare
Author: United States. Department of Justice
Author: Edward D. Ohlbaum
Author: Erica Rhodes Hayden
Author: Charles B. Gibbons
Author: Pennsylvania
Author: John L. Costello
Author: Arthur S. Zanan