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Miscarriages of Justice by Clive Walker,Keir Starmer Pdf
The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.
The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners
Trial and Error in Criminal Justice Reform by Greg Berman,Aubrey Fox Pdf
In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.
Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.
In this book, Brian Forst takes a fresh new perspective on the assessment of criminal justice policy, examining the prospect of assessing policies based on their impact on errors of justice: the error of failing to bring offenders to justice, on the one hand, and the error of imposing costs on innocent people and excessive costs on offenders, on the other. Noting that we have sophisticated systems for managing errors in statistical inference and quality control processes and no parallel system for managing errors of a more socially costly variety - on matters of guilt and innocence - the author lays the foundation for a common sense approach to the management of errors in the criminal justice system, from policing and prosecution to sentencing and corrections. He examines the sources of error in each sector, the harms they impose on society, and frameworks for analyzing and reducing them.
Wrongful Conviction by C. Ronald Huff,Martin Killias Pdf
Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel. This collection includes a number of well-developed public-policy recommendations intended to reduce the instances of courts punishing innocents. It also offers suggestions for compensating more fairly those who are wrongfully convicted.
When Justice Fails by Robert J. Norris,Catherine L. Bonventre,James R. Acker Pdf
Wrongful convictions have become a prominent concern in state and federal systems of justice. As thousands of innocent prisoners have been freed in the United States in the past few decades, social science researchers and legal actors have produced a wealth of new insights about how and why mistakes occur and what can be done to help prevent further injustices. When Justice Fails surveys the field of innocence scholarship to offer an overview of the key research, legal, and policy issues associated with wrongful convictions. Topics include the leading sources of error, the detection and correction of miscarriages of justice, the aftermath of wrongful convictions, and more. The volume includes references to historic and contemporary instances of miscarriages of justice and presents information gleaned from media sources about the cases and related policy issues. The book is ideally suited for use in undergraduate classes which focus on wrongful convictions and the administration of justice. PowerPoint slides are available to professors upon adoption of this book. You can download a sample of the full 139-slide presentation here. If you have adopted the book for a course, contact [email protected] to request the PowerPoint slides. "The learning objectives presented in the beginning of each chapter are accomplished through a variety of ways. Importantly, regardless of a student's background, discussions are presented from so many different angles that the material is tailored to all readers. Each chapter starts with a case study, introduces new concepts, discusses the related law, and concludes with presenting policy reforms. The authors not only present the issues related to wrongful convictions but the potential solutions as well." -- Matthew R. Hassett, UNC-Pembroke "I will continue to frequently open this book and read it to make myself a better police officer and to pass on knowledge to do my part in preventing wrongful convictions." -- Earthen McEachen, Senior Capstone student at Curry College in Boston
Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the 'bad old days' of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain's legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.
Rethinking Miscarriages of Justice by M. Naughton Pdf
Drawing on Foucauldian theory and 'social harm' paradigms, Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.
*A New York Times Bestseller* An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast. Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and objective fact-based thinking, combined with compassion, can help us achieve truth and justice in our daily lives. Sometimes poignant and sometimes controversial, Bharara's expose is a thought-provoking, entertaining book about the need to find the humanity in our legal system as well as in our society.
Academy Award-winning filmmaker and former private detective Errol Morris examines the nature of evidence and proof in the infamous Jeffrey MacDonald murder case Early on the morning of February 17, 1970, in Fort Bragg, North Carolina, Jeffrey MacDonald, a Green Beret doctor, called the police for help. When the officers arrived at his home they found the bloody and battered bodies of MacDonald’s pregnant wife and two young daughters. The word “pig” was written in blood on the headboard in the master bedroom. As MacDonald was being loaded into the ambulance, he accused a band of drug-crazed hippies of the crime. So began one of the most notorious and mysterious murder cases of the twentieth century. Jeffrey MacDonald was finally convicted in 1979 and remains in prison today. Since then a number of bestselling books—including Joe McGinniss’s Fatal Vision and Janet Malcolm’s The Journalist and the Murderer—and a blockbuster television miniseries have told their versions of the MacDonald case and what it all means. Errol Morris has been investigating the MacDonald case for over twenty years. A Wilderness of Error is the culmination of his efforts. It is a shocking book, because it shows us that almost everything we have been told about the case is deeply unreliable, and crucial elements of the case against MacDonald simply are not true. It is a masterful reinvention of the true-crime thriller, a book that pierces the haze of myth surrounding these murders with the sort of brilliant light that can only be produced by years of dogged and careful investigation and hard, lucid thinking. By this book’s end, we know several things: that there are two very different narratives we can create about what happened at 544 Castle Drive, and that the one that led to the conviction and imprisonment for life of this man for butchering his wife and two young daughters is almost certainly wrong. Along the way Morris poses bracing questions about the nature of proof, criminal justice, and the media, showing us how MacDonald has been condemned, not only to prison, but to the stories that have been created around him. In this profoundly original meditation on truth and justice, Errol Morris reopens one of America’s most famous cases and forces us to confront the unimaginable. Morris has spent his career unsettling our complacent assumptions that we know what we’re looking at, that the stories we tell ourselves are true. This book is his finest and most important achievement to date.
On October 18, 2011 Joel and his family's life changed forever when his older brother and best friend Mathieu was hit and killed by the driver of a 28 ton crane truck. Mathieu, an artist, was riding his bike home from his art studio in Brooklyn, NY. The tragedy made headlines on CNN, the New York Times, the Wall Street Journal, Maclean's Magazine, the CBC, and many other news agencies in Canada and the US. Through his eyes Joel gives first-hand knowledge of what it's been like to go up against one of the world's largest police forces, the NYPD. It took Joel and his family six years to discover the truth about how his brother was killed. In his own straight forward and heartfelt way, Joel speaks of the grief, sadness, anger and frustration he felt during his family's long fight for justice. Joel was inspired to write this story to raise awareness about traffic safety and to show others who are victims of injustice that they have a voice and that they can make a difference. He hopes his story will inspire others who are struggling against injustice.
Wrongful Convictions and Miscarriages of Justice by C. Ronald Huff,Martin Killias Pdf
This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.
Wrongful Conviction and Criminal Justice Reform by Marvin Zalman,Julia Carrano Pdf
Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.
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.
