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This volume examines racism within the process of criminal justice. In every society criminal justice plays a key role establishing social control and maintaining the hegemony of the dominant economic classes. The contributors to this anthology argue that the differential treatment of people of colour and First Nations peoples is due to systemic racism within all levels of the criminal justice system, which serves these dominant classes. Ideological and cultural changes are preconditions for the success of anti-racist policies and practices within the criminal justice system and within other state institutions. Recommendations for transformations in justice policy and practice are provided.
In his impassioned-yet-measured book, Rafael A. Mangual offers an incisive critique of America's increasingly radical criminal justice reform movement, and makes a convincing case against the pursuit of "justice" through mass-decarceration and depolicing. After a summer of violent protests in 2020--sparked by the deaths of George Floyd, Breonna Taylor, and Rayshard Brooks--a dangerously false narrative gained mainstream acceptance: Criminal justice in the United States is overly punitive and racially oppressive. But, the harshest and loudest condemnations of incarceration, policing, and prosecution are often shallow and at odds with the available data. And the significant harms caused by this false narrative are borne by those who can least afford them: black and brown people who are disproportionately the victims of serious crimes. In Criminal (In)Justice, Rafael A. Mangual offers a more balanced understanding of American criminal justice, and cautions against discarding traditional crime control measures. A powerful combination of research, data-driven policy journalism, and the author's lived experiences, this book explains what many reform advocates get wrong, and illustrates how the misguided commitment to leniency places America's most vulnerable communities at risk. The stakes of this moment are incredibly high. Ongoing debates over criminal justice reform have the potential to transform our society for a generation--for better or for worse. Grappling with the data--and the sometimes harsh realities they reflect--is the surest way to minimize the all-too-common injustices plaguing neighborhoods that can least afford them.
A Criminal Injustice by Richard Firstman,Jay Salpeter Pdf
When he went to bed on the night of September 6, 1988, seventeen-year-old Marty Tankleff was a typical kid in the upscale Long Island community of Belle Terre. He was looking forward to starting his senior year at Earl L. Vandermeulen High School the next day. But instead, Marty woke in the morning to find his parents brutally bludgeoned, their throats slashed. His mother, Arlene, was dead. His father, Seymour, was barely alive and would die a month later. With remarkable self-possession, Marty called 911 to summon help. And when homicide detective James McCready arrived on the scene an hour later, Marty told him he believed he knew who was responsible: Jerry Steuerman, his father’s business partner. Steuerman owed Seymour more than half a million dollars, had recently threatened him, and had been the last to leave a high-stakes poker game at the Tankleffs’ home the night before. However, McCready inexplicably dismissed Steuerman as a suspect. Instead, he fastened on Marty as the prime suspect–indeed, his only one. Before the day was out, the police announced that Marty had confessed to the crimes. But Marty insisted the confession was fabricated by the police. And a week later, Steuerman faked his own death and fled to California under an alias. Yet the police and prosecutors remained fixated on Marty–and two years later, he was convicted on murder charges and sentenced to fifty years in prison. But Marty’s unbelievable odyssey was just beginning. With the support of his family, he set out to prove his innocence and gain his freedom. For ten years, disappointment followed disappointment as appeals to state and federal courts were denied. Still, Marty never gave up. He persuaded Jay Salpeter, a retired NYPD detective turned private eye, to look into his case. At first it was just another job for Salpeter. As he dug into the evidence, though, he began to see signs of gross ineptitude or worse: Leads ignored. Conflicts of interest swept under the rug. A shocking betrayal of public trust by Suffolk County law enforcement that went well beyond a simple miscarriage of justice. After Salpeter’s discoveries brought national media attention to the case, Marty’s conviction was finally vacated in 2007, and New York’s governor appointed a special prosecutor to reopen the twenty-year-old case. At the same time, the State Investigation Commission announced an inquiry into Suffolk County’s handling of what has come to be widely viewed as one of America’s most disturbing wrongful conviction cases. As gripping as a Grisham novel, A Criminal Injustice is the story of an innocent man’s tenacious fight for freedom, an investigator’s dogged search for the truth. It is a searing indictment of justice in America.
Beginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.
Author : Lisa Monchalin Publisher : University of Toronto Press Page : 448 pages File Size : 52,5 Mb Release : 2016-03-08 Category : Social Science ISBN : 9781442606647
Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.
NEW YORK TIMES BESTSELLER • “Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case studies.”—The Boston Globe A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.
'At a time when activists, elected officials, and concerned individuals should be countering these trends with demands for jobs, education and serious alternatives to imprisonment, there is relative silence. Criminal Injustice, which explores the connections between imprisonment, racism, class domination, misogyny, and homophobia, offers us invaluable information and compelling arguments for placing prison issues on the agenda of every progressive organization.' Angela Y. DavisThis remarkable anthology exposes and uncovers the economic and political realities behind the imprisonment of astounding numbers of the working class, working poor, and people of color.
From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.
Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.
Deadly Injustice by Devon Johnson,Amy Farrell,Patricia Y. Warren Pdf
The murder of unarmed teenager Trayvon Martin and the subsequent trial and acquittal of his assailant, George Zimmerman, sparked a passionate national debate about race and criminal justice in America that involved everyone from bloggers to mayoral candidates to President Obama himself. With increased attention to these causes, from St. Louis to Los Angeles, intense outrage at New York City’s Stop and Frisk program and escalating anger over the effect of mass incarceration on the nation’s African American community, the Trayvon Martin case brought the racialized nature of the American justice system to the forefront of our national consciousness. Deadly Injustice uses the Martin/Zimmerman case as a springboard to examine race, crime, and justice in our current criminal justice system. Contributors explore how race and racism informs how Americans think about criminality, how crimes are investigated and prosecuted, and how the media interprets and reports on crime. At the center of their analysis sit examples of the Zimmerman trial and Florida’s controversial Stand Your Ground law, providing current and resonant examples for readers as they work through the bigger-picture problems plaguing the American justice system. This important volume demonstrates how highly publicized criminal cases go on to shape public views about offenders, the criminal process, and justice more generally, perpetuating the same unjust cycle for future generations. A timely, well-argued collection, Deadly Injustice is an illuminating, headline-driven text perfect for students and scholars of criminology and an important contribution to the discussion of race and crime in America.
U.S. Latinos and Criminal Injustice by Lupe S. Salinas Pdf
Latinos in the United States encompass a broad range of racial, socioeconomic, and sociopolitical identities. Originating from the Caribbean, Spain, Central and South America, and Mexico, they have unique justice concerns. The ethnic group includes U.S. citizens, authorized resident aliens, and undocumented aliens, a group that has been a constant partner in the Latino legal landscape for over a century. This book addresses the development and rapid growth of the Latino population in the United States and how race-based discrimination, hate crimes, and other prejudicial attitudes, some of which have been codified via public policy, have grown in response. Salinas explores the degrading practice of racial profiling, an approach used by both federal and state law enforcement agents; the abuse in immigration enforcement; and the use of deadly force against immigrants. The author also discusses the barriers Latinos encounter as they wend their way through the court system. While all minorities face the barrier of racially based jury strikes, bilingual Latinos deal with additional concerns, since limited-English-proficient defendants depend on interpreters to understand the trial process. As a nation rich in ethnic and racial backgrounds, the United States, Salinas argues, should better strive to serve its principles of justice.
Criminal InJustice In America by Marshall Frank Pdf
“Challenging and daring. Marshall Frank gives us all much to think about. These essays should be discussed and considered by criminal justice professionals, lawmakers and academic thinkers everywhere.” — David Waksman, Author and Ass’t State Attorney, Miami, Florida “Marshall Frank challenges conventional thought and policies that are not working. He uses the criminal justice system as a mirror of where our society has been, and a window of where we should be going. Buckle up for a thought-provoking episode of Frank talk.” — Douglas W. Hughes, Retired Police Major, former Florida Drug Czar In Criminal InJustice In America, author Marshall Frank presents a powerful argument for amending laws and process regarding the war on drugs, prostitution, abortion, capital punishment, sex offenses and more. Frank points out how narrow thinking has created an irreversible justice quagmire which not only creates more crime, it serves a prison industrial complex that has grown into a cheap labor pool for corporate America. Only a non-politically correct, thirty-year career cop with the muzzle removed can dare offer such candid and startling alternatives to a failed system that now houses 2.3 million inmates in America’s prisons, at least a third of whom do not belong there. Readers with interest in the American justice system will find this a stimulating and fascinating collection of essays on subjects never before tackled in this manner. Definitely a book for thinkers. www.marshallfrank.com
Injustice for All by Chris W Surprenant,Jason Brennan Pdf
American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color—not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice—including district attorneys, elected judges, the police, voters, and politicians—faces bad incentives. Local towns often would rather send people to prison on someone else’s dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it—and vote accordingly. And politicians have every incentive to cater to voters’ worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what’s considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book’s suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.
Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.