Boston's Lower Criminal Courts, 1814-1850


Book Description

"Boston's antebellum period was a historical watershed in every way. The city's economy was growing dramatically, compulsory education was well underway, the Irish were coming, crime was soaring, and the lower criminal courts were expanding sharply." "A resurgent bar association struggled to professionalize by shifting from the time-honored method of training lawyers via apprenticeships to requiring formal education in law schools. The Municipal Court redefined its mission by adding regulatory disputes to the docket and diverting minor cases into extra-legal channels. As it adopted a proactive stance, the court became a dispute resolution center, the prosecutor learned to manage caseflow closely and to set punishments via plea bargaining, and the court's docket grew tenfold by 1850. Minor regulatory disputes and minor vice were quietly transferred to the Police Court, and its cases more than doubled by 1850. All this took place between 1830 and 1850." "Crime also took several interesting turns. Youthful criminals and wayward children roamed the streets with impunity during the 1830s, and by 1850 they accounted for the major portion of Boston's property losses. Prohibition was a divisive issue, and liquor laws and their violations proliferated. Expanding commerce brought many opportunities for fraud, and it too became a common charge. Public drunkenness and prostitution mounted, and though the much-maligned Irish aggravated many of these problems, they by no means caused Boston's first crime wave." "Antebellum Boston witnessed the birth of the modern criminal court--a high-volume, multipurposed, criminal court using plea bargaining to dispose of the bulk of its cases. As Boston's courts moved to plea bargaining, the court's officers also became more professional, and its formal procedures grew more intricate. These contrary tendencies were unrelated in Boston." "Some might draw from the rapid expansion of Boston's criminal justice system that the community was mounting a puritanical repression of vice and the dangerous classes, but it was not simply a matter of putting immorality down. It was a calling to account of all classes by means of a just legal system that assigned punishment according to guilt. Though the Irish were assailed on all sides, they were treated fairly in the city's legal institutions. Boston's lower criminal courts were a worthy example for the nation as a whole during the antebellum years."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved




Crime And Punishment In American History


Book Description

In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers shows how America fashioned a system of crime and punishment in its own image.




Criminal Courts


Book Description

The social organization of criminal courts is the theme of this collection of articles. The volume provides contributions to three levels of social organization in criminal courts: (1) the macro-level involving external economic, political and social forces (Joachim J. Savelsberg; Raymond Michalowski; Mary E. Vogel; John Hagan and Ron Levi); (2) the meso-level consisting of formal structures, informal cultural norms and supporting agencies in an interlocking organizational network (Malcolm M. Feeley; Lawrence Mohr; Jo Dixon; Jeffrey T. Ulmer and John H. Kramer), and (3) the micro-level consisting of interactional orders that emerge from the social discourses and categorizations in multiple layers of bargaining and negotiation processes (Lisa Frohmann; Aaron Kupchik; Michael McConville and Chester Mirsky; Bankole A. Cole). An editorial introduction ties these levels together, relating them to a Weberian sociology of law.




Research Handbook on Plea Bargaining and Criminal Justice


Book Description

Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.




Encyclopedia of Criminology


Book Description

This three-volume work offers a comprehensive review of the pivotal concepts, measures, theories, and practices that comprise criminology and criminal justice. No longer just a subtopic of sociology, criminology has become an independent academic field of study that incorporates scholarship from numerous disciplines including psychology, political science, behavioral science, law, economics, public health, family studies, social work, and many others. The three-volume Encyclopedia of Criminology presents the latest research as well as the traditional topics which reflect the field's multidisciplinary nature in a single, authoritative reference work. More than 525 alphabetically arranged entries by the leading authorities in the discipline comprise this definitive, international resource. The pivotal concepts, measures, theories, and practices of the field are addressed with an emphasis on comparative criminology and criminal justice. While the primary focus of the work is on American criminology and contemporary criminal justice in the United States, extensive global coverage of other nations' justice systems is included, and the increasing international nature of crime is explored thoroughly. Providing the most up-to-date scholarship in addition to the traditional theories on criminology, the Encyclopedia of Criminology is the essential one-stop reference for students and scholars alike to explore the broad expanse of this multidisciplinary field.




The Machinery of Criminal Justice


Book Description

Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.




Gender and Political Economy


Book Description

Papers presented at a Gender, Race, Economics, and Public Policy conference coordinated by the New School for Social Research.




Engendered Economics


Book Description

This book provides an overview of current developments within feminist political economy, including reformulations of economic theory, historical and empirical research on the economic roles and status of women and people of color, as well as proposals for broadening the public policy agenda. Rather than offering a feminist critique of neoclassical economics, this volume presents feminist economics in dialogue with progressive economic theory and public policy. It differentiates itself further by addressing issues of class, race and sexuality in interaction with gender.




Education, Society, and Economic Opportunity


Book Description

In this book, an eminent educational historian examines some important aspects of American schooling over the past centuries, illuminating the relation between education and other broad changes in American society and providing a historical perspective for contemporary efforts at school reform. Maris Vinovskis critically reviews and integrates recent work in educational history and provides new research on neglected topics. He discusses such issues as: the gradual shift from the family to the public schools in the responsibility for educating the young; the rise and fall of infant schools between 1840 and 1860; the crisis in the teaching of morality in the public schools of the mid-nineteenth century; early efforts to provide schooling for impoverished children; and the evolution of the belief that education improves individual economic and social mobility. He also studies school attendance and discovers that a much higher percentage of children may have attended public high schools in the nineteenth century than has been assumed, investigates when the practice of placing children in grades according to their age became widespread, and assesses whether different age groups in previous eras varied in their support for schooling--as they seem to be doing now.




The Courts in Our Criminal Justice System


Book Description

The Courts in Our Criminal Justice System presents a unique historical context on the development, functions, and controversies in the courts system that is lacking in other courts books, while simultaneously presenting the most current theory, research, and examples on the topic. This broad, temporally inclusive approach to the study of the courts will help provide the "big picture" framework necessary for readers to understand the modern American criminal courts process. A Society Designs Laws; A Crime is Committed; After Arrest: Law, the Court, and Post-Arrest Procedures; The Courts Get Involved (The History of Courts and the Arrangement of Modern Courts; A Prosecutor Considers the Charges; A Defense Lawyer is Selected: The Defense Role; A Judge is Assigned to Hear the Case; Jurors and Other Key Participants in the Courtroom Play Their Roles; Some Cases Don't Make It to Court; "You Ring, We Spring" The Role of Bail in the Court System; Plea Bargaining; Your Day in Court: The Trial Begins; The Punishment Dilemma; $30 or 30 Days: Setting the Penalty; Appeals; Juvenile Courts.