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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.
Dr. Roger Roots, America's most provocative scholar of criminology and constitutional history, argues that America's criminal courts have gradually abandoned adversarial due process and embraced a more inquisitorial model of justice favored by prosecutors. In theory, convicting someone of a crime should be more difficult than obtaining a civil judgment by winning a lawsuit against him. The burden of proof is higher (beyond a reasonable doubt in criminal cases, as opposed to a mere preponderance of evidence in civil cases), and there are supposedly a number of constitutional protections for criminal defendants that do not apply to civil litigants. However, in modern courtrooms, convictions are obtained almost effortlessly by prosecutors. In The Conviction Factory, Dr. Roots traces the history of American criminal justice from its roots in English common law and then follows this history into the twenty-first century. Roots details how the adversarial model of justice, which pits the prosecution against the defendant on a level playing field, has been quietly and slowly whittled away. This book is exhaustively footnoted. It represents a continuation (and partially a compilation) of Roots' previously published law review articles on the subject of criminal procedural history. The Conviction Factory is more than just a history of criminal procedure. It is a gripping yarn that provokes fundamental questions about fairness, justice and trust in the institutions of government.
A vital collection for reforming criminal justice. After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.
America is falling, and may not be here without change, as we know it, in our life time, just as the U.S.S.R. suddenly fell in the 1990's, ruining that Super Power and ending the cold war, with hundreds of thousands of refugees having to flee Russia. With reports of human meat being sold as the currency [rubble] became worthless, as the U.S.S.R broke up into 15 independent States, unexpectedly, shocking the world. Indicative of the fact that it will happen to America, as banks made sub-prime loans to rape the housing industry and consumers with credit cards. And the manufacturing base being traded bit by bit, liquidating assets for cash, selling out the U.S. Preparing for the collapse of the U.S dollar, and the fall of the U.S. With the U.S. borrowing billions to fund tax cuts for the rich. Are we truly living in the last days of America, as a Super Power? All States without exception, have come to an end, as a historical norm. America is not mentioned in any Jewish, Christian, or Islamic, scriptures. Thus, it will not be here as we know it, in the end. But this is not a religious writing. Oil is only the first commodity to be affected with housing, money, food, loans and soon jobs following. Like China, and the EU, we need to stop the hording of so much money in the hands of so few. The gold standard is not the bases for our money since 1975. Meaning that paper and plastic have no intrinsic worth. If history repeats itself, and it does, we may have multiple civil wars, with Hawaii declaring independence in April as a protest over how the economy has been managed. With each State having its own National guard, and gangs and militia's, and KKK, armed to the teeth, we will start to hear phrases like who will pay for this and that debt. With maybe as many as ten different presidents, as the U.S. brakes up. Rumors of war. We, the people, must demand a marshal plan for America, and not Europe, Japan, S. Korea, etc., and now maybe Iraq. All of us in America need to have access to the money we need, at low or no cost to save America, and optimize the multiplier effect: but it has to be spent in the U.S., to make America strong. Thus, we need to stop the banks and utility companies, etc. from hording. It is insanity to have multibillionaires, as they cannot spend these sums. We can re-order the economy or others will do it for us. This book will attempt to answer the question on how to stop such a fall, into a dark age. And instead have cooperation, and justice between all men and countries; Stopping this horrible cycle of systematic retardation of Mankind. America is the last best hope for Mankind, as America has polluted and consumed too much of this planet's resources becoming the Super Power it is, to have a new emerging Super Power, doing the same.
Counter to popular perceptions, contemporary American sociology is and promotes a profoundly sacred project at heart. Sociology today is in fact animated by sacred impulses, driven by sacred commitments, and serves a sacred project. Sociology appears on the surface to be a secular, scientific enterprise--its founding fathers were mostly atheists. Its basic operating premises are secular and naturalistic. Sociologists today are disproportionately not religious, compared to all Americans, and often irreligious. The Sacred Project of American Sociology shows, counter-intuitively, that the secular enterprise that everyday sociology appears to be pursuing is actually not what is really going on at sociology's deepest level. Christian Smith conducts a self-reflexive, tables-turning, cultural and institutional sociology of the profession of American sociology itself, showing that this allegedly secular discipline ironically expresses Emile Durkheim's inescapable sacred, exemplifies its own versions of Marxist false consciousness, and generates a spirited reaction against Max Weber's melancholically observed disenchantment of the world. American sociology does not escape the analytical net that it casts over the rest of the ordinary world. Sociology itself is a part of that very human, very social, often very sacred and spiritual world. And sociology's ironic mis-recognition of its own sacred project leads to a variety of arguably self-destructive and distorting tendencies. This book re-asserts a vision for what sociology is most important for, in contrast with its current commitments, and calls sociologists back to a more honest, fair, and healthy vision of its purpose.
A distinguished jurist describes the collapse of the American criminal justice system, arguing that criminals and defense attorneys hide behind problem laws and technicalities and calling for eight crucial reforms of the system. 75,000 first printing. $75,000 ad/promo. Tour.

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