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The Reasoning Criminal
The assumption that rewards and punishments influence our choices between different courses of action underlies economic, sociological, psychological, and legal thinking about human action. Hence, the notion of a reasoning criminal--one who employs the same sorts of cognitive strategies when contemplating offending as they and the rest of us use when making other decisions--might seem a small contribution to crime control. This conclusion would be mistaken. This volume develops an alternative approach, termed the "rational choice perspective," to explain criminal behavior. Instead of emphasizing the differences between criminals and non-criminals, it stresses some of the similarities. In par...
The Miranda Debate
New in paperback. An in-depth collection of key writings on the Supreme Court's controversial 1966 ruling in Miranda v. Arizona, a decision that remains at the forefront of today's debate about defendants' constitutional rights, victims' rights, and crime control.
Lawmaking by Initiative
This book describes the history of the initiative process and the major issues that have arisen during its increasing use in recent years. By elucidating the problems that have arisen and their possible solutions, the authors seek both to inform the debate about the wisdom of the initiative and to offer suggestions for improvement to jurisdictions that choose to use the process. With the aid of more than 40 charts and tables, the authors compare the major features of the initiative in the American jurisdictions that have adopted the procedure-24 states and the District of Columbia. They draw particularly on the experience in California, the most frequent U.S. user of the initiative and a major battleground in the development of ideas about the process. The book also discusses the use of the initiative in other countries, particularly Switzerland, where the process originated and the only other major country in the world that makes extensive use of the initiative today.
Truth, Error, and Criminal Law
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
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Crime and Deviance
This volume brings together the significant essays and previously unpublished writings of Edwin M. Lemert. Lemert was one of the first authors to establish the foundations of the modern sociology of crime and social deviance and wrote with empirical insight on various related topics.
Law Without Justice
This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practical limitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.
