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What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.
Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal.
How are sentences for federal, state, and local crimes determined? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? Offering a comprehensive overview of the sentencing process in the United States, How Do Judges Decide? The Search for Fairness and Justice in Punishment explores these questions and more. Author Cassia Spohn first discusses the overall concept of punishment and then analyzes individual aspects of it, including the sentencing process, the responsibility of the judge, and disparity and discrimination in sentencing. This Second Edition offers new information on the impact of sentencing reforms, including recent research and case law, updated statistics in tables and figures, and new boxed highlights. Key Features Helps students understand patterns in the wide discretion and latitude given to judges when determining penalties within the framework of the U.S. judicial system Engages the reader with "Focus on an Issue" sections, which analyze key issues such as gender and sentencing (Ch.4) and the impact of race on sentencing for drug offenses (Ch.5) Examines sentencing reforms and their impact, providing students with up-to-date information on how punishment is meted out in U.S. courts. Contains boxed excerpts in each chapter from books and articles, with a variety of case studies on topics such as the O.J. Simpson murder trial, judicial surveys, and comparison of sentences in different jurisdictions by gender Offers new material on specialty courts and the prosecutor's role in sentencing Concludes each chapter with discussion questions How Do Judges Decide? is an ideal text for upper-division undergraduate and graduate courses on the judicial system, criminal law, and law and society.
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Former prosecutor Jeanine Pirro's To Punish and Protect challenges us to have the will and the courage to wage war on the predators roaming our streets, and to avenge their victims. "The office of the district attorney is a battleground, where the fight between good and evil unfolds each day. We see the ugliest side of life, the pain that people go through for no reason. They didn't do anything. They didn't ask for it. Yet here they are, living their personal nightmares. We cannot take away their pain, or turn back time to undo the damage, but we can be the avengers. We can seek justice on their behalf." So begins this riveting account by the former Westchester County District Attorney, Jeanine Pirro, as she takes us inside the violent world of modern crime fighting. Before Pirro was elected DA in 1993, the job was always considered a man's domain, demanding a macho toughness. Pirro can be as tough as any man, and yet she adds an important new dimension to the role. She believes that being tough on crime means much more than just filling the jails. She goes beyond her role to punish criminals, to be a passionate advocate for the victims of crime. In To Punish and Protect, Pirro brings readers face to face with the gruesome realities of her daily battles, and tells the true, heartbreaking stories of the victims - the slaughter of a young woman and her two children by a jealous, enraged boyfriend; a teenage girl forced to assume wifely duties after her father murdered her stepmother; a nine-year-old boy chained to a radiator in a dark room and nearly starved to death, as the rest of the family went about its business; a gentle, hardworking man shot fatally in a dispute over a parking place, because he was black; an eighty-year-old woman, savagely beaten by her son and left for two days on the cold floor of her apartment; a beautiful woman whose wealth and privilege could not prevent her murder at the hands of a violent husband; and a group of young girls lured into a sexual nightmare by a cunning predator posing as a trustworthy youth counselor. Pirro presents hard truths about the ways in which parents, communities, and the justice system share complicity in fostering an environment of danger to our children. She describes the dark world of Internet pedophiles and hate mongers, who are allowed to hide behind First Amendment protections to gain access to kids in their own bedrooms. She offers a harsh judgment on parents who fail to address the deadly consequences of teen drinking, and even host keg parties in their homes, while alcohol continues to take young lives and destroy families. Pirro delivers a bold indictment of the criminal justice system, and asks whether we as a nation are truly committed to justice. Increasingly, she warns, our laws, attitudes, and behaviors seem to be veering away from what we say is our moral core as a nation. We say that we exalt good and punish evil, yet we do the opposite. We turn criminals into celebrities, and view victims with suspicion. If we're going to make our communities safer and our society less violent, we need to do more than just pay lip service to our ideals.
For twelve years Robert Blecker, a criminal law professor, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder. The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, the history and philosophy professor exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives. The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.
In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.
An examination of the legal system, including what constitutes a crime, why and how we punish people who commit crimes, how the government determines these rules, and how citizens react when they feel laws aren't fair.