Reconstructing Justice


Book Description

In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.




A Blueprint for Judicial Reform


Book Description

This comprehensive study of judicial reform contains recommendations from numerous leading scholars who advocate major changes in the federal court system. Some of the proposals entail establishing the right to reverse Supreme Court rulings by Congress, giving Congress veto power over federal rule-making agencies and granting tax credits to lawyers who voluntarily provide free legal services to the poor.




Reforming Justice


Book Description

Livingston Armytage explores how justice reform can be made more effective.




The Derivatives Revolution


Book Description

It is now widely recognized that an uncontrolled "derivatives revolution" triggered one of the most spectacular worst-case scenarios of modern times. This book - the most cogent legal analysis of the subject yet to appear in any language - lays bare the core role played by the failure to adequately regulate derivatives in the financial crisis of recent years. The author's insistence that derivatives must be viewed not as profit-seeking investments but as risk management tools - and his well-grounded prescriptions to ensure that they are regulated in that way - sheds clear light on the best way for companies, financial institutions, and hedge funds to move forward in their use of these useful but highly hazardous instruments. This book clearly shows how such elements as the following fit into the legal analysis of derivatives, and how proper regulation will preserve their usefulness and economic value: ; derivatives allow for the most efficient and cost-effective risk fractioning, hence risk taking, techniques ever conceived; derivatives allow for all measurable and identifiable risks that may exist in modern finance; the ability to isolate risks and insure against risk exposures is the key to the very survival of modern financial markets; risk buyers effectively take on financial exposure to various types of risk while hedgers unload unwanted exposures; derivatives allow domestic investors to acquire exposure to foreign markets without the necessity of dealing with foreign laws, foreign investments, currency exchange, or foreign fiscal regimes; derivatives increase social welfare by making it easier and less expensive to carry out many types of financial transactions; derivatives allow governments to insulate, manage, hedge or concentrate risks deriving from financial, meteorological, and even geopolitical exposure; and derivatives allow radical changes to financial and risk structure to be performed silently and rapidly. To the question: how do we ensure that a company trading derivatives is regulated effectively? this work offers a clear and convincing answer. The author's detailed recommendations for regulatory and corporate governance measures are designed to prevent excessive risk taking, the emergence of rogue traders, and ultimately the emergence of another systemic disturbance caused by chains of derivatives-related losses.




Gideon's Promise


Book Description

A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.




Reforming Juvenile Justice


Book Description

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.




Prosecuted Prosecutor


Book Description

From the heart of a bold and brilliant thought-leader comes this compelling memoir and call-to-action, which fills a gaping hole in criminal justice reform literature, and does so in a way that only Bianca M. Forde can. Uniquely qualified, following a racially motivated arrest that paradoxically labeled her as both prosecuted and prosecutor, Forde provides an authentic analysis of how prosecutors can truly fulfill their mandate as servants of the law. She tackles the taboo topics that prosecutors are best positioned, but often lack courage, to discuss-from inequities in charging decisions and blind spots affecting Brady disclosures; to dispassionate requests for detention, and detached sentencing recommendations. She candidly shares her evolution as a prosecutor in hopes of accelerating the maturity of rookie prosecutors, inspiring a new way of thinking among veteran prosecutors, and educating community members on why they must rock the local vote. If mass incarceration is the disease; Forde is firmly convinced that justice-minded prosecution is, in large part, the cure. This book elevates the conversation on prosecutorial discretion to a new height, and provides practical guidance from an insider that promises to disrupt the status quo. This book is much more than a memoir; it is a movement.




Criminality in Context


Book Description

In this groundbreaking book that is built on decades of work on the front lines of the criminal justice system, expert psychologist Craig Haney encourages meaningful and lasting reform by changing the public narrative about who commits crime and why. Based on his comprehensive review and analysis of the research, Haney offers a carefully framed and psychologically based blueprint for making the criminal justice system fairer, with strategies to reduce crime through proactive prevention instead of reactive punishment. Haney meticulously reviews evidence documenting the ways in which a person's social history, institutional experiences, and present circumstances powerfully shape their life, with a special focus on the role of social, economic, and racial injustice in crime causation. Haney debunks the "crime master narrative"--the widespread myth that criminality is a product of free and autonomous "bad" choices--an increasingly anachronistic view that cannot bear the weight of contemporary psychological data and theory. This is a must-read for understanding what truly influences criminal behavior, and the strategies for prevention and rehabilitation that follow.




Judicial Politics in Texas


Book Description

In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.




Inside Private Prisons


Book Description

When the tough-on-crime politics of the 1980s overcrowded state prisons, private companies saw potential profit in building and operating correctional facilities. Today more than a hundred thousand of the 1.5 million incarcerated Americans are held in private prisons in twenty-nine states and federal corrections. Private prisons are criticized for making money off mass incarceration—to the tune of $5 billion in annual revenue. Based on Lauren-Brooke Eisen’s work as a prosecutor, journalist, and attorney at policy think tanks, Inside Private Prisons blends investigative reportage and quantitative and historical research to analyze privatized corrections in America. From divestment campaigns to boardrooms to private immigration-detention centers across the Southwest, Eisen examines private prisons through the eyes of inmates, their families, correctional staff, policymakers, activists, Immigration and Customs Enforcement employees, undocumented immigrants, and the executives of America’s largest private prison corporations. Private prisons have become ground zero in the anti-mass-incarceration movement. Universities have divested from these companies, political candidates hesitate to accept their campaign donations, and the Department of Justice tried to phase out its contracts with them. On the other side, impoverished rural towns often try to lure the for-profit prison industry to build facilities and create new jobs. Neither an endorsement or a demonization, Inside Private Prisons details the complicated and perverse incentives rooted in the industry, from mandatory bed occupancy to vested interests in mass incarceration. If private prisons are here to stay, how can we fix them? This book is a blueprint for policymakers to reform practices and for concerned citizens to understand our changing carceral landscape.