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Frankel examines some of the religious liberty cases in the last half century, including the use of peyote, exempting Amish children from school, and the prosecution of religous fraud.
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.
Examines the history of the modern international human rights movement, violations of human rights in Latin America, the Soviet Union, South Africa, and elsewhere, and various efforts to prevent or censure such abuses.
Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Introduction -- Part I: The Legal Profession's Role in American Society -- A. The United States: A Unique Government of Lawyers -- B. The Role of the Lawyer in America -- C. Attack on Lawyers and the Legal Profession -- 1. The American Bar Association Responds -- 2. The President's Counsel Defends -- D. Access to the American Legal System in Historical Perspective -- 1. Against the Bar: a Critique of Professor Auerbach's Views -- 2. Unequal Justice: a Review -- E. Legal Education -- Part II: Lawyers and the Search for Truth: Conflict or Harmony? -- A. The Art of Legal Advocacy: Duties and Obligations -- B. The Lawyer as a Hir...
Joins the growing national debate on the grand-jury system, acknowledging the arguments for the grand jury's abolition but preferring extensive reform and presenting appropriate data and recommendations
The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.
The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p