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Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials
Author: Margo Schlanger
Publisher: West Academic Publishing
Total Pages: 1071
Release: 2020-05-29
Genre:
ISBN: 9781683287964

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In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.


Criminal Law

Criminal Law
Author: Arnold H. Loewy
Publisher:
Total Pages: 982
Release: 2001
Genre: Law
ISBN: 9780820561844

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Criminal Law

Criminal Law
Author: Cynthia Lee
Publisher:
Total Pages: 0
Release: 2014
Genre: Criminal law
ISBN: 9780314282866

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This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant.


Human Rights and Incarceration

Human Rights and Incarceration
Author: Elizabeth Stanley
Publisher: Springer
Total Pages: 311
Release: 2018-08-09
Genre: Social Science
ISBN: 3319953990

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This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or ‘non-citizens’. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.


Going Up the River

Going Up the River
Author: Joseph T. Hallinan
Publisher: Random House Trade Paperbacks
Total Pages: 290
Release: 2003-07-08
Genre: Social Science
ISBN: 0812968441

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The American prison system has grown tenfold in thirty years, while crime rates have been relatively flat: 2 million people are behind bars on any given day, more prisoners than in any other country in the world — half a million more than in Communist China, and the largest prison expansion the world has ever known. In Going Up The River, Joseph Hallinan gets to the heart of America’s biggest growth industry, a self-perpetuating prison-industrial complex that has become entrenched without public awareness, much less voter consent. He answers, in an extraordinary way, the essential question: What, in human terms, is the price we pay? He has looked for answers to that question in every corner of the “prison nation,” a world far off the media grid — the America of struggling towns and cities left behind by the information age and desperate for jobs and money. Hallinan shows why the more prisons we build, the more prisoners we create, placating everyone at the expense of the voiceless prisoners, who together make up one of the largest migrations in our nation’s history.


Criminal Law

Criminal Law
Author: John Kaplan
Publisher: Aspen Publishing
Total Pages: 1592
Release: 2021-01-31
Genre: Law
ISBN: 154383115X

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Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency. Criminal Law: Cases and Materials has long been respected for its distinguished authorship. The late John Kaplan’s extraordinary work continues with the scholarship of Robert Weisberg and Guyora Binder in the Ninth Edition. This casebook’s renowned interdisciplinary approach fuels class discussion as it enriches study. Logically organized, the text addresses the purposes and limits of punishment and considers the meaning and types of crime. Well-edited cases, interesting materials, and clear notes combine with cutting-edge issues and important social questions, such as whom and why we punish. Especially strong are the sections addressing the phenomenon of mass incarceration (including the movement towards prison abolition), the theme of and challenges to racial justice in our criminal law system, and the evolution of our laws on sexual assault. New to the Ninth Edition: Addition of up-to-date empirical and public policy research as well as expanded discussion of the role of constitutional law in the criminalization of homelessness, and issues of racial justice on such topics as criminal liability of police for use of lethal force and the controversies over citizen’s arrest powers. Incorporation of new feminist research in such areas as battered women’s self-defense and sexual assault (including treatment of the ongoing efforts to revise the Model Penal Code laws on rape). New historically informed treatment of felony murder, including legislative and judicial developments in reform and possible abolition of felony murder doctrine. Updated notes and questions aimed at improving the casebook’s usefulness for exam preparation. New case law on the challenges of applying criminal law in the Internet world on such topics as possession of child pornography images and criminal conduct through cyber-messaging. A fresh new analytic guide on “impossible attempts”, designed to assist students with this perennially challenging doctrine. Professors and student will benefit from: Strong authorship team: The late John Kaplan, a storied teacher and scholar; Weisberg and Binder, noted scholars in criminal law An interdisciplinary approach Well-edited cases, interesting materials, and clear notes Logical organization “Snapshot Review” exercises to aid students in exam preparation. Teaching materials Include: Improved Teacher’s Manual designed to make casebook accessible and useful for new professors. Includes suggested answers to “Snapshot Review” questions. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.


Criminal Law and Its Processes

Criminal Law and Its Processes
Author: Sanford H. Kadish
Publisher: Aspen Publishing
Total Pages: 1456
Release: 2022-02-10
Genre: Law
ISBN: 1543810772

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Now in its 11th edition, Criminal Law and Its Processes: Cases and Materials covers all the doctrinal material and key criminal justice policy questions an instructor may want to explore for a either a one-semester or year-long course in criminal law. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. New to the Eleventh Edition: Enhanced treatment of America’s long-overdue reckoning with over-criminalization, mass incarceration, and discriminatory law enforcement Discussion of abolitionist critiques of American penal law and consideration of restorative justice as a possible alternative to traditional punishment The chapter on rape makes more readily understandable the major split between states that still require proof of some kind of force and those that now make absence of consent sufficient. The material also contains more depth for discussion of the increasingly important question of what “consent” means, including several of the most recent cases and the new Model Penal Code provisions on rape approved by the ALI membership in June 2021. In-depth treatment of racial profiling and police use of excessive force, and a broader discussion of structural pressures and biases in the context of exploring the expansion of excuses Broader exploration of what society chooses to criminalize and prioritize for enforcement Updated notes to incorporate contemporary cases and recent news touching on criminal law Inclusion of additional preeminent cases in the field of criminal law, including: Kahler v. Kansas as a principal case in the material on the insanity defense Two new cases on the actus reus of conspiracy – the first in a drug distribution context and the second addressing Apple’s strategy for marketing ebooks on its iPad Professors and students will benefit from: Cohesive Intellectual Framework Grounds student understanding of criminal law as an instrument of social control?and provides analytical tools to interpret and understand doctrine Holistic approach encourages students to develop an understanding of principles and rules applicable to all crimes Cases-and-notes pedagogy Includes excerpted materials, questions, and problems useful for Socratic instruction and policy discussions Challenging Problems ? Places discussion of the law and policy in relevant, real-world scenarios Enhance students’ understanding of basic principles and test their application of these principles to particular offenses


Punishment Without Crime

Punishment Without Crime
Author: Alexandra Natapoff
Publisher: Basic Books
Total Pages: 320
Release: 2018-12-31
Genre: Law
ISBN: 0465093809

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A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018


Incarceration without Conviction

Incarceration without Conviction
Author: Mikaela Rabinowitz
Publisher: Routledge
Total Pages: 110
Release: 2021-07-14
Genre: Social Science
ISBN: 1000391477

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Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people’s lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.


Constitutional Rights of Prisoners

Constitutional Rights of Prisoners
Author: John W. Palmer
Publisher: Routledge
Total Pages: 1786
Release: 2014-09-19
Genre: Law
ISBN: 1317523865

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This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.