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001 ocn859446686
003 OCoLC
005 20251028093302.0
008 131004t20132011maua b 001 0 eng d
035 _a(Sirsi) i9780674725874
040 _aYDXCP
_beng
_erda
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016 7 _a016515146
_2Uk
020 _a0674725875 (paperback)
020 _a9780674725874 (paperback)
035 _a(OCoLC)859446686
043 _an-us---
050 4 _aHV 7432 .S78 2013
049 _aVF$A
100 1 _aStuntz, William J.
245 1 4 _aThe collapse of American criminal justice /
_cWilliam J. Stuntz.
250 _aFirst Harvard University Press paperback edition.
264 1 _aCambridge, MA. :
_bBelknap Press of Harvard University Press,
_c2013.
264 4 _c�2011
300 _aviii, 413 pages :
_billustration ;
_c24 cm.
336 _atext
_2rdacontent
337 _aunmediated
_2rdamedia
338 _avolume
_2rdacarrier
504 _aIncludes bibliographical references (pages 317-393) and index.
505 0 _aIntroduction: the rule of too much law -- Crime and punishment -- Two migrations -- "The wolf by the ear" -- The past -- Ideals and institutions -- The Fourteenth Amendment's failed promise -- Criminal justice in the gilded age -- A culture war and its aftermath -- Constitutional law's rise, three roads not taken -- Earl Warren's errors -- The rise and fall of crime, the fall and rise of criminal punishment -- The future -- Fixing a broken system -- Epilogue: taming the wolf -- Note on sources and citation form.
520 _aThe rule of law has vanished in America's criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems -- and for their solutions. The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime -- bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court's emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective. What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly. - Publisher.
650 0 _aCrime prevention
_zUnited States.
650 0 _aCriminal justice, Administration of
_zUnited States.
651 0 _aUnited States
_xRace relations.
994 _aC0
_bVF$
999 _c133179
_d133179