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The Power to Criminalize

The Power to Criminalize
Author: Elizabeth Comack
Publisher: Black Point, N.S. : Fernwood Publishing
Total Pages: 0
Release: 2004
Genre: Crimes violents - Canada
ISBN: 9781552661284

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"Law's power to criminalize -- to turn a person into a criminal -- is formidable. Traditional legal doctrine argues that law dispenses justice in an impartial and unbiased fashion. Critical legal theorists claim that law reproduces gender, race and class inequalities. The Power to Criminalize offers an analysis that acknowledges the tensions between these two views of law. Drawing from crown attorneys' files on violent crime cases and interviews with defence lawyers, the authors reveal the complex ways in which discourses of masculinity, femininity, race, class and social space inform the strategies used to litigate these cases. This analysis raises questions about the prospects of challenging law to realize a more just society."--Pub. website.


Police, Power, and the Production of Racial Boundaries

Police, Power, and the Production of Racial Boundaries
Author: Ana Muñiz
Publisher: Rutgers University Press
Total Pages: 155
Release: 2015-08-03
Genre: Law
ISBN: 081356977X

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Based on five years of ethnography, archival research, census data analysis, and interviews, Police, Power, and the Production of Racial Boundaries reveals how the LAPD, city prosecutors, and business owners struggled to control who should be considered “dangerous” and how they should be policed in Los Angeles. Sociologist Ana Muñiz shows how these influential groups used policies and everyday procedures to criminalize behaviors commonly associated with blacks and Latinos and to promote an exceedingly aggressive form of policing. Muñiz illuminates the degree to which the definitions of “gangs” and “deviants” are politically constructed labels born of public policy and court decisions, offering an innovative look at the process of criminalization and underscoring the ways in which a politically powerful coalition can define deviant behavior. As she does so, Muñiz also highlights the various grassroots challenges to such policies and the efforts to call attention to their racist effects. Muñiz describes the fight over two very different methods of policing: community policing (in which the police and the community work together) and the “broken windows” or “zero tolerance” approach (which aggressively polices minor infractions—such as loitering—to deter more serious crime). Police, Power, and the Production of Racial Boundaries also explores the history of the area to explain how Cadillac-Corning became viewed by outsiders as a “violent neighborhood” and how the city’s first gang injunction—a restraining order aimed at alleged gang members—solidified this negative image. As a result, Muñiz shows, Cadillac-Corning and other sections became a test site for repressive practices that eventually spread to the rest of the city.


Congress and Crime

Congress and Crime
Author: Joseph F. Zimmerman
Publisher: Lexington Books
Total Pages: 177
Release: 2014-08-06
Genre: Political Science
ISBN: 0739198076

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Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.


The Criminalization of a Woman's Body

The Criminalization of a Woman's Body
Author: Clarice Feinman
Publisher: Routledge
Total Pages: 240
Release: 2018-10-24
Genre: Law
ISBN: 1317992008

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This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women’s bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman’s value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women’s behavior and reproductive capacity. The Criminalization of a Woman’s Body thoroughly discusses these special laws governing women’s personal choices and the threats these laws and court decisions pose to women’s autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women’s studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women’s issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women’s bodies.


Criminalizing Women

Criminalizing Women
Author: Gillian Balfour
Publisher:
Total Pages: 377
Release: 2014
Genre: Social Science
ISBN: 9781552666821

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Criminalizing Women introduces readers to the key issues addressed by feminists engaged in criminology research over the past four decades. Chapters explore how narratives that construct women as errant females, prostitutes, street gang associates and symbols of moral corruption mask the connections between women s restricted choices and the conditions of their lives."


The Collapse of American Criminal Justice

The Collapse of American Criminal Justice
Author: William J. Stuntz
Publisher: Harvard University Press
Total Pages: 425
Release: 2011-09-30
Genre: History
ISBN: 0674051750

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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.


The Boundaries of the Criminal Law

The Boundaries of the Criminal Law
Author: R.A. Duff
Publisher: Oxford University Press
Total Pages: 278
Release: 2010-11-11
Genre: Law
ISBN: 0199600554

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This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.


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


Crime and Inequality

Crime and Inequality
Author:
Publisher:
Total Pages: 256
Release: 2017-09
Genre: Crime
ISBN: 9781773630441

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This book is intended to provide critical readings for criminology courses. The authors all see crime as both a social and a political process. That is, what comes to be defined as criminal, how society responds to crime and why individuals become entangled in the criminal justice system are often the result of individual and systemic social inequalities. That is crime and the CJS both produce and reproduce class, race and gender inequalities in society. The chapters in this book take up a number of empirical, theoretical and substantive issues in criminology and mostly focus on Canada. These include wrongful convictions (which are most likely to ensnare people who are on the margin of society), how the police and other representatives of the CJS operate within an institutional and cultural context that, by and large, sees racialized Canadians as most likely to be criminal, that youth crime is really a criminalization of young people who are poor and Indigenous, as well as connecting terrorism to the dynamics of neoliberal capitalism, among others.


Criminalization of Activism

Criminalization of Activism
Author: Valeria Vegh Weis
Publisher: Routledge
Total Pages: 309
Release: 2021-12-22
Genre: Social Science
ISBN: 1000476820

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Criminalization of Activism draws on a multiplicity of perspectives and case studies from the Global South and the Global North to show how protest has been subject to processes of criminalization over time. Contributors include scholars and activists from different disciplinary backgrounds, with a balance between authors from the Global North and the Global South. An introduction frames the topic within critical criminology, while also highlighting the possible disciplinary approaches and definitions of criminalization of resistance/activism. The editor also investigates the particularities of the current times in comparison to dynamics of criminalization in prior stages of capitalism. Bringing together a range of criminalization themes into a single volume, compromising historical criminology, Indigenous studies, gender studies, critical criminology, southern criminology and green criminology, it will be of great interest to scholars and students of criminology, social movement theory and social sciences, as well as those involved in activism and with a stand against criminalization.