Courts on Trial

Myth and Reality in American Justice

Author: Jerome Frank

Publisher: Princeton University Press

ISBN: 9780691027555

Category: Law

Page: 441

View: 3145

Provides an indepth analysis of the American legal system and proposes reforms in the workings of the court. Bibliogs
Posted in Law

America's Courts on Trial

Questioning Our Legal System

Author: Elaine Pascoe

Publisher: N.A

ISBN: 9780761301042

Category: Juvenile Nonfiction

Page: 112

View: 3186

Examines controversial aspects of America's court system such as whether the concept of trial by jury is outmoded, the courts are racially biased, or media coverage of trials should be limited.
Posted in Juvenile Nonfiction

Our courts on trial

Author: V. R. Krishna Iyer

Publisher: N.A

ISBN: N.A

Category: Law

Page: 164

View: 9469

Posted in Law

Traffic courts on trial

Author: National Committee on Traffic Law Enforcement

Publisher: N.A

ISBN: N.A

Category: Law

Page: 20

View: 9403

Posted in Law

The Supreme Court on Trial

Author: David Listokin

Publisher: Routledge

ISBN: 1351472984

Category: Law

Page: 320

View: 6798

Although it was written at a time of national self-criticism, The Supreme Court on Trial remains a classic examination of the place of the Supreme Court in the American political system. When originally published, the American people were engaged in a severe examination of their basic commitments, their way of life, and the direction they appeared to be going. The contemporary literature--over the air, in newspaper editorials and columns, in books and articles--was heavy with protest, admonition, and exhortation. Although the times are different, the issues raised in this volume continue to be important. The American system exalts the American citizen as common man, with claims to the dignity of citizens, and pleas for securing their civil rights. At the same time, citizens are criticized for their cultural provincialism, fear of intellectual endeavor, and adoption of conformity. Political institutions are not immune from such evaluations. We have created Hoover commissions to study the national administrative system; the Electoral College has been the subject of persistent scrutiny since World War II. There have been demands for reconstitution of our state lawmaking bodies. What links the concerns current at the time of original publication of this volume and concerns today most obviously are deep concern we now display for the character and quality of our public school curriculum and for the administrative structure which maintains and manages our schools. The role of the Supreme Court in these concerns is evident. The purpose of the book is to examine critically the place of the Supreme Court in our political system and to improve the public understanding of what the Supreme Court does, how its acts have been received, and how its way of influencing public policy is related to other methods of making public policy.
Posted in Law

The Supreme Court on Trial

Author: Charles S. Hyneman

Publisher: Transaction Publishers

ISBN: 0202369374

Category: Judicial review

Page: 308

View: 8004

Posted in Judicial review

The Supreme Court on Trial

Judicial Activism Or Democratic Dialogue

Author: Kent Roach

Publisher: N.A

ISBN: 9781552210543

Category: Law

Page: 352

View: 2014

This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
Posted in Law

The Supreme Court on Trial

How the American Justice System Sacrifices Innocent Defendants

Author: George C. Thomas

Publisher: University of Michigan Press

ISBN: 0472026089

Category: Law

Page: 320

View: 5162

The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Posted in Law

Legislation on Trial Court System Funding

1991 Senate Bill 210 ... 1991 Senate Bill 211 ... 1991 Senate Bill 212 ...

Author: Gordon A. Anderson

Publisher: Legislative Reference Bureau

ISBN: N.A

Category: Costs (Law)

Page: 26

View: 1789

Posted in Costs (Law)

Court Reform on Trial

Why Simple Solutions Fail

Author: Malcolm M. Feeley

Publisher: Quid Pro Books

ISBN: 161027203X

Category: Law

Page: 200

View: 7621

COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.
Posted in Law

The Enemy on Trial

Early Soviet Courts on Stage and Screen

Author: Julie A. Cassiday

Publisher: N.A

ISBN: 9780875802664

Category: Law

Page: 260

View: 1606

Attempting to indoctrinate the public into a new society, the Bolsheviks staged show trials--legal trials that incorporated theatrical elements such as coached defendants, memorized scripts for confession, and grueling interrogatory rehearsals. The genre of legal spectacle, whose origins lay in Soviet theater and cinema of the 1920s, moved from mass public spectacles to the courtroom, as the Bolsheviks sought to effect ever- greater social change. In this intriguing interdisciplinary study, literature scholar Cassiday shows how Soviet show trials deliberately used avant-garde drama and cinema to educate the citizenry about the new social order. She examines how elements of theater and film were incorporated into Soviet courtrooms, turning public trials into vehicles for propaganda. Drawing on a variety of popular media from the 1920s, she reveals the origins of the show trials.
Posted in Law

Mass Incarceration on Trial

A Remarkable Court Decision and the Future of Prisons in America

Author: Jonathan Simon

Publisher: New Press, The

ISBN: 1595587926

Category: Law

Page: 224

View: 2926

For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading—relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions—culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court—that has opened an unexpected escape route from this trap of “tough on crime” politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence—moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional. Since the publication of Michelle Alexander’s The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration.
Posted in Law

The Legal Realism of Jerome N. Frank

A Study of Fact-Skepticism and the Judicial Process

Author: Julius Paul

Publisher: Springer

ISBN: 9401194939

Category: Law

Page: 177

View: 1832

Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
Posted in Law

The American Jury On Trial

Psychological Perspectives

Author: Saul M. Kassin,Lawrence S. Wrightsman

Publisher: Taylor & Francis

ISBN: 1135874654

Category: Psychology

Page: 246

View: 6063

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.
Posted in Psychology

Law and the Modern Mind

Author: Jerome Frank

Publisher: Transaction Publishers

ISBN: 1412827329

Category: Law

Page: 368

View: 4085

Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown--today it is accepted as a classic of general jurisprudence. The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom. Frank points out that legal verdicts are supposed to result from the application of legal rules to the facts of the suit--a procedure that sounds utterly methodical. Frank argues, that profound, immeasurable biases strongly influence the judge and jury's reaction to witnesses, lawyers, and litigants. As a result, we can never know what they will believe "the facts of the suit" to be. The trial's results become unforeseeable, the lawyer's advice unreliable, and the cause of justice insecure. This edition includes the author's final preface in which he answers two decades of criticism of his position.
Posted in Law

An Introduction to Legal Reasoning

Author: Edward H. Levi

Publisher: University of Chicago Press

ISBN: 022608986X

Category: Political Science

Page: 128

View: 1688

Originally published in 1949, An Introduction to Legal Reasoning is widely acknowledged as a classic text. As its opening sentence states, “This is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the Constitution.” In elegant and lucid prose, Edward H. Levi does just that in a concise manner, providing an intellectual foundation for generations of students as well as general readers. For this edition, the book includes a substantial new foreword by leading contemporary legal scholar Frederick Schauer that helpfully places this foundational book into its historical and legal contexts, explaining its continuing value and relevance to understanding the role of analogical reasoning in the law. This volume will continue to be of great value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and everyone concerned with problems of government and jurisprudence.
Posted in Political Science

Race on Trial

Black Defendants in Ontario's Criminal Courts, 1858-1958

Author: Barrington Walker

Publisher: University of Toronto Press

ISBN: 0802096107

Category: History

Page: 256

View: 2081

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.
Posted in History

Sprache, Performanz und Ontologie des Rechts

Author: Werner Krawietz,Jerzy Wróblewski

Publisher: Duncker & Humblot

ISBN: 9783428473908

Category:

Page: N.A

View: 2676

Posted in

Courts and Criminal Justice in Contemporary China

Author: Sue Trevaskes,Susan Trevaskes

Publisher: Lexington Books

ISBN: 9780739119884

Category: History

Page: 227

View: 5692

This book considers 'law on display' in Chinese courts. As the first sustained study of criminal trials, rallies, and campaigns in Chinese courts, it offers an account of how law and punishment is constructed and represented both in practice and in rhetoric.
Posted in History

L'Influence de la religion dans le droit international privé des pays musulmans

Author: Academie de Droit International de la Haye

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024737260

Category: Law

Page: 454

View: 3939

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Posted in Law