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Drawing on his personal fascinating story as a prosecutor, a defendant, and an observer of the legal process, Paul Butler offers a sharp and engaging critique of our criminal justice system. He argues against discriminatory drug laws and excessive police power and shows how our policy of mass incarceration erodes communities and perpetuates crime. Controversially, he supports jury nullification--or voting "not guilty" out of principle--as a way for...
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The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously...
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It is easy to get a criminal record. Simply being accused of a crime will lead to police making a record (usually called incident or occurrence report) of the event, even if no charges are laid. And if police do decide to lay charges, which they will do if they have the slightest belief that the person is guilty, fingerprints and photographs are taken. These become a criminal record, even if the charge may not result in conviction, if the person is...
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The author of “Ill-Gotten Gains” uses philosophy and psychology to examine how human behavior can be questioned under criminal law.
Henri plans a trek through the desert. Alphonse, intending to kill Henri, puts poison into his canteen. Gaston also intends to kill Henri but has no idea what Alphonse has been up to. He puncture's Henri's canteen, and Henri dies of thirst. Who has caused Henri's death? Was it Alphonse? Gaston? Or neither?
Strange...
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In coffee shops, convenience stores, and courthouses across the country, Americans are struggling to agree on why the justice system they have is not the justice system they want. Dramatically different experiences with it frustrate every attempt at a common description of the problem, and the grim consensus that filling prisons and detention centers is almost no one's goal gives no hint to what the solution could be. But recently, analyses such as...
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The intersection of the criminal justice system and a behavioral health crisis is a hard crossroads to navigate. Mental Health Criminal Defense: A Primer is here to teach you the basics so that you, or someone you love, can understand how to use mental health related circumstances to prevail in a criminal case. Mental Health Criminal Defense: A Primer will teach you the terms and proceedings most often seen in mental health related cases, things that...
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A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal...
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El libro documenta un hecho histórico nunca antes revelado en sus detalles: la estrategia que determinó la extradición del expresidente Alberto Fujimori al Perú. El relato se ubica entre los años 2005 y 2006, periodo en que Fujimori abandonó territorio japonés luego de casi cinco años de permanencia, para aterrizar intempestivamente en Chile el 6 de noviembre de 2005.
Al dejar su cómoda residencia en Japón, el entonces prófugo Fujimori...
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Sarena Straus was a prosecutor in the Office of the Bronx District Attorney's office, one of approximately 400 Assistant District Attorneys working in the midst of an area of America with the highest crime and poverty rates. This book is about her experiences in combating crimes against women and children during a three-year stint with the Domestic Violence and Sex Crimes Unit, mostly prosecuting sex crimes against children. The literal and emotional...
10) Confronting Underground Justice: Reinventing Plea Bargaining for Effective Criminal Justice Reform
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Plea negotiation is rife with due process concerns, including a heightened risk of coerced pleas, ignoring mens rea, serious questions about assistance of counsel, limited discovery and little litigation of the evidence, the conviction of innocent defendants and significant questions about fairness and equity. Plea negotiation is also the fast track to criminal conviction, tough punishment, and mass incarceration. From the perspective of public policy,...
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El órgano judicial penal y el penalista académico, a diferentes niveles de abstracción, persiguen un mismo objetivo. El primero tiene que dar con la mejor solución del caso. El segundo, sin referirlo a un caso en concreto, tiene que ofrecer la regla que proporcione la mejor solución de un grupo de casos. Ahora bien, ¿Cuál es la mejor solución y cómo se construye la mejor regla? Los estudios que se recogen en este volumen responden al intento...
12) In The Name of Justice: Leading Experts Reexamine the Classic Article "The Aims of the Criminal Law"
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America's criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional....
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Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. Knowledge as Power traces the evolution of a modern technique that has come to enjoy nationwide popularity-criminal registration laws. Registration, which originated in the 1930s as a means of monitoring gangsters, went largely unused for decades before experiencing a dramatic resurgence in the 1990s. Since then it has...
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In the late 20th century, the United States experienced an incarceration explosion. Over the course of twenty years, the imprisonment rate quadrupled, and today more than than 1.5 million people are held in state and federal prisons. Arizona's Department of Corrections came of age just as this shift toward prison warehousing began, and soon led the pack in using punitive incarceration in response to crime. Sunbelt Justice looks at the development...
15) Marijuana Law
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Over a million people in the United States regularly smoke marijuana. Approximately 400,000 defendants each year are charged with the use, possession, sale, or cultivation of marijuana. MARIJUANA LAW describes how people can reduce the probability of arrest and defend themselves from prosecution if arrested. Readers will learn when a police officer can legally stop them; when they can be searched; when they have to be read their rights; what to do...
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En este trabajo se aborda de manera sistemática en sentido estricto el artículo 227 del CP, que criminaliza el incumplimiento de la pensión de alimentos. El impago de este tipo de pensiones, constituye un motivo de litigiosidad frecuente en los juzgados, evidenciando situaciones de necesidad que a veces derivan en graves problemas de subsistencia de los miembros del núcleo familiar.
Se analizan detalladamente los requisitos para que los Juzgados...
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The Criminal Defense Lawyer. Redefined.
Martin H. Ehrengraf, dapper and diabolical, may be Lawrence Block's darkest creation. He's the defense attorney who never sees the inside of a courtroom, because all his clients are innocent-no matter how guilty they may seem. Some even believe themselves to be guilty: they remember pulling the trigger, or wiring the dynamite to their spouse's car, or holding the bloody blade. But things have a way of working...
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Newly elected circuit Superior Court Judge Thompson travels the State of North Carolina from the mountains to the Sandhills. His first year is a baptism of fire: three potential death cases, a first degree murder case, a second degree murder case, and a bizarre rape case in Durham. Trials are for and about people. The victim has or had his or her own life story. The defendant has his. And the family's lives of both are changed forever. And then there...
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An examination of the forces and events that led to the most successful organized crime control initiatives in American history
Since Prohibition, the Mafia has captivated the media and, indeed, the American imagination. From Al Capone to John Gotti, organized crime bosses have achieved notoriety as anti- heroes in popular culture. In practice, organized crime grew strong and wealthy by supplying illicit goods and services and by obtaining control...
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