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Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.
Presumption of Guilt by Martin Schönteich,Open Society Justice Initiative,Robert O. Varenik Pdf
In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
Just one person can save the children from a terrifying future. But to do so, she must master her past. Beth Wright, a newspaper reporter, is hot on the trail of a story that could expose something very ugly at the St. Clair Children’s Home. Someone else is hot on Beth Wright’s trail—someone who wants to make sure her story never sees the press. Between them stands Nick Hutchins, a social worker who finds his own gut hunches about the children’s home increasingly confirmed, first by Beth’s investigation . . . then by a high-speed attempt on her life . . . and finally, by an intruder’s startling confession. As the drama unfolds, a horrifying picture emerges of helpless children under the sway of a modern-day Fagin. Just one person holds the key that can save them: Beth herself. But using that key could cost Beth her reputation . . . if it doesn’t first cost her life. Presumption of Guilt is a gripping portrayal of the depths of human evil, the soul-twisting influence of lies . . . and of the liberating power of truth and the far-reaching freedom of God’s mercy and grace. Presumption of Guilt is book four in the Sun Coast Chronicles by award-winning author Terri Blackstock. From absorbing legal drama to lightning-paced action, the Sun Coast Chronicles offers suspense at its finest, tempered with remarkable realism and penetrating insights into the human heart.
The American judicial system is far too often a source of injustice for the innocent rather than justice for the guilty. Despite all the alleged protections built into the trial process, a person facing criminal charges is virtually presumed guilty until proven innocent - not the reverse. Presumed Guilty is about thousands of innocent Americans who each year are convicted of serious crimes they did not commit. Many are convicted of crimes that did not even occur. Journalist Martin Yant vividly and dramatically explains the process by which American justice is miscarried, providing carefully researched details about more than 100 wrongful convictions. Yant''s writing reveals both passion and frustration as he explains how most mistaken convictions could easily be avoided. "No criminal justice system is infallable," he writes, "but most errors aren''t the result of carefully considered decisions that happen to be wrong." He cites examples of outrageous carelessness, investigations that conform facts to predetermined theories, the use of long-discredited investigative techniques, rampant prejudice, and the desire of police and prosecutors to "win" convictions at any price - even if evidence is fabricated to do so. Yant goes on to propose achievable solutions that would not only prevent years of imprisonment for the wrongfully convicted but also save the lives of innocent individuals who face the increasingly used death penalty. Presumed Guilty reveals not only how often the American justice system goes awry, but how easily - and how quickly - it is possible to become its victim.
Presumption of Innocence in Peril by Anthony Gray Pdf
This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.
All of us should condemn terrorism--whether the perpetrators are Muslim extremists, white supremacists, Marxist revolutionaries, or our own government. But it's time for us to stop asking Muslims to condemn terrorism under the assumption they are guilty of harboring terrorist sympathies or promoting violence until they prove otherwise. Renowned expert on Islamophobia Todd Green shows us how this line of questioning is riddled with false assumptions that say much more about "us" than "them." Green offers three compelling reasons why we should stop asking Muslims to condemn terrorism: 1) The question wrongly assumes Islam is the driving force behind terrorism 2) The question ignores the many ways Muslims already condemn terrorism. 3) The question diverts attention from unjust Western violence. This book is an invitation for self-examination when it comes to the questions we ask of Muslims and ourselves about violence. It will open the door to asking better questions of our Muslim neighbors, questions based not on the presumption of guilt but on the promise of friendship.
Taming the Presumption of Innocence by Richard L. Lippke Pdf
Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
No one knows the story behind the sensational headlines of the Scott Peterson murder trial better than defense attorney Matt Dalton. For six straight months after Peterson's arrest, Dalton was the defense's only full-time investigative attorney on the case. During that time, he lived in Modesto and investigated every element of the case, interviewing scores of witnesses, reviewing more than 35,000 pages of police documents, and meeting almost daily with Scott Peterson in jail. What he has uncovered will astound even the most informed observers of the Laci Peterson murder case and challenge the most deeply held beliefs about what really happened to Laci Peterson on Christmas Eve, 2002. This is the first book to go inside the Peterson defense team, and the only book to detail all the evidence that the jury did not hear -- evidence that might have led to Scott Peterson's acquittal, and that will surely play a crucial part in his pending appeals. Among the revelations in Presumed Guilty: Reports from numerous witnesses who saw Laci Peterson alive and well the morning of December 24, after the police claim Scott Peterson had already killed her; none of them testified at trial The story of another woman, eight months pregnant, who was harassed by two men the morning of December 24 only five blocks from the Peterson home The burglary that reportedly occurred directly across the street from the Peterson home on the morning of December 24, and the confessed burglars' questionable claims that the burglary happened days later Previously unreported details of the autopsy reports on Laci Peterson and her son, which cast strong doubts on key elements of the prosecution's case The disappearances of six pregnant women, in addition to Laci, reported missing and presumed dead within eighty miles of Modesto between 1999 and 2002 Compelling, provocative, disturbing, Presumed Guilty is the fascinating story of one lawyer's relentless efforts to find the truth behind one of the most complex and notorious murder cases in American history.
Taming the Presumption of Innocence by Richard L. Lippke Pdf
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
Mental Disability, Violence, and Future Dangerousness by John Weston Parry Pdf
Using a multi-disciplinary approach, this book documents and explains how, when and why adults and children with mental disabilities—including those with sexual disorders— who are perceived to be a future danger to others, the community, or themselves have become the most stigmatized, abused, and mistreated group in America, and what should be done to correct the resulting injustices. The author identifies and analyzes the key factors that should be understood when lawyers, judges, mental health professionals, policymakers, legislators, advocates, forensic experts, professors and their students consider the legal, treatment and policy decisions that affect this highly stigmatized group of people.
Presumption of Innocence in EU Anti-Cartel Enforcement by Aistė Mickonytė Pdf
In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.
Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights by Erwin Chemerinsky Pdf
An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.
Dramatizes how difficult it is to evalute testimony given by children. A young boy is put in an impossible situation of contradicting every imaginable authority figure. The accused is the boy's teenage babysitter. Besieged by quetions of his parents, police, lawyers and even a judge, the truth is the last thing the boy wants to reveal.
A Wall Street Journal bestseller! Alan Dershowitz, one of America’s most respected legal scholars and a New York Times bestselling author proves—with incontrovertible evidence—that he is entirely innocent of the sexual misconduct accusations against him, while suggesting a roadmap for how such allegations should be handled in a just society. “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.
