[PDF] Crisis In The Courts eBook

Author : William R. Kelly
Publisher : Rowman & Littlefield
Page : 233 pages
File Size : 38,42 MB
Release : 2021-08-15
Category : Law
ISBN : 1538142171

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The Crisis in America’s Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and author, William R. Kelly, agrees, that crushing caseloads and court dockets certainly qualify as a crisis, Kelly suggests there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, Kelly proposes a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advice regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.

Author : Howard James
Publisher :
Page : 296 pages
File Size : 46,78 MB
Release : 1971
Category : Criminal justice, Administration of
ISBN :

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Based on a series of articles that appeared weekly in the Christian Science Monitor, April to July, 1967.

Author : Trevor C.W. Farrow
Publisher : UBC Press
Page : 369 pages
File Size : 36,43 MB
Release : 2020-09-01
Category : Law
ISBN : 0774863609

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Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Author : Martin Belov
Publisher : Routledge
Page : 319 pages
File Size : 42,8 MB
Release : 2021-09-22
Category : Law
ISBN : 1000436411

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This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 436 pages
File Size : 25,3 MB
Release : 1999-09-15
Category : Law
ISBN : 9780674296275

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Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.

Author : William M. Richman
Publisher :
Page : 252 pages
File Size : 11,25 MB
Release : 2013-01-10
Category : Law
ISBN : 0195342070

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In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts. will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

Author : Michael McConville
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 13,56 MB
Release : 1994
Category : Law
ISBN :

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In recent years the English criminal justice system has been shaken to its foundations by an unprecedented series of miscarriages of justice. The Guildford Four, the Maguire Seven, the Birmingham Six, Judith Ward and Stefan Kiszko are among the most prominent of those eventually cleared of serious crimes after many years in prison. While the sheer numbers of cases involved are troubling, it is the underlying causes of wrongful conviction which threw the system's credibility into question and led to the establishment of the Royal Commission on Criminal Justice chaired by Lord Runciman. In Criminal Justice in Crisisan internationally distinguished group of leading academics, practitioners and campaigners critically examine the Royal Commission's Report with its proposals for removal of the right of a defendant to elect jury trial, the introduction of institutionalised plea bargaining, a compulsory obligation on the defence to disclose its case prior to trial, and extended police powers over suspects. The authors provide detailed criticisms of the Report at empirical, practical, policy and theoretical levels. At best the Report is seen as unhelpful, at worst it is considered a dangerous contribution to reform efforts. This important book will be welcomed by scholars, practitioners and researchers as the only extended analysis of the Runciman Report available and for providing a broad analysis of the theory and politics of criminal justice.

Author : James L. Gibson
Publisher : Russell Sage Foundation
Page : 379 pages
File Size : 27,87 MB
Release : 2021-08-31
Category : Political Science
ISBN : 161044907X

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Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Author : Richard E. Ellis
Publisher : Oxford University Press
Page : 390 pages
File Size : 32,24 MB
Release : 1971-04-15
Category : History
ISBN : 0195365453

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A revealing picture of American attitudes toward the judiciary and the developing court system.