A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
Everyone is for "democratic policing"; everyone is against a "police state." But what do those terms mean, and what should they mean? The first half of this book traces the connections between the changing conceptions of American democracy over the past half-century and the roughly contemporaneous shifts in ideas about the police--linking, on the one hand, the downfall of democratic pluralism and the growing popularity of participatory and deliberative democracy with, on the other hand, the shift away from the post-war model of professional law enforcement and the movement toward a new orthodoxy of community policing. The second half of the book explores how a richer set of ideas about policing might change our thinking about a range of problems and controversies associated with the police, ranging from racial profiling and the proliferation of private security, to affirmative action and the internal governance of law enforcement agencies.
A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.
The author "has helped hundreds of thousands of gamblers to make better decisions. His ideas can also improve your decisions about much more important issues such as choosing a career, running a business, supervising subordinates, making major purchases, investing your money, and educating your children"--Page 1
A combination of Sklansky on Razz and Essays on Poker, with new material added, including a special section on tournament play. The essays section contains chapters discussing such concepts as having a plan, choosing your game, playing according to your bankroll, the three levels of expert poker, middle-round strategy, what your opponent reads you for, the protected pot, saving the last bet, extra outs, how to play a tournament, and many others. The razz section will show you how the experts play this form of poker. Not only are the rules and structure of the game discussed, but advice is also given on how to play the first three cards, as well as all the other streets. In addition, a chapter of razz problems is provided, plus questions and answers to help keep your game sharp.
This comprehensive supplement incorporates the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features of the 2024 Edition: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history. Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history. Complete text of the California Evidence Code, along with Law Revision Commission Comments and relevant legislative history. “Truth in Evidence” amendments to the California Constitution, with a summary of their effect on California evidence law. Five proposed amendments to the Federal Rules of Evidence that have now been approved by the Supreme Court and will take effect December 31, 2024.
This book explains Japan’s unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country’s 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.
A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
This book explains Japan’s unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country’s 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.
A Primer on Law and the U.S. Legal System: Beasties v. Monster doesn’t just provide budding law students with an introduction to law school. It lays a foundation for enthusiasm and engagement on the road ahead. Covering foundational topics from exam writing to the structure of the federal government and court systems, David Horton breathes life into the concepts students will encounter at the beginning of their law school careers through the lens of a 2015 civil jury trial in the United States District Court for the Southern District of New York: Beastie Boys v. Monster Energy Drink Company. Professors and students will benefit from: A walkthrough of a case that introduces students to the problem method Exercises at the end of each chapter to help students check their knowledge An engaging case that is sure to spark debate between students beginning their law school journeys
A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.
A complement to David A. Sklansky's Evidence: Cases, Commentary, and Problems, the statutory supplement provides: complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and other pertinent legislative history complete text of the Federal Rules of Evidence rejected by Congress, along with Advisory Committee Notes and other pertinent legislative history complete text of the California Evidence Commission Comments and other pertinent legislative history 'truth in Evidence' amendments to the California Constitution, along with a summary of their effect on California evidence law
This comprehensive supplement incorporates the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features of the 2024 Edition: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history. Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history. Complete text of the California Evidence Code, along with Law Revision Commission Comments and relevant legislative history. “Truth in Evidence” amendments to the California Constitution, with a summary of their effect on California evidence law. Five proposed amendments to the Federal Rules of Evidence that have now been approved by the Supreme Court and will take effect December 31, 2024.
This comprehensive supplement includes the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features include: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history Complete text of the California Evidence Code, along with the Law Revision Commission Comments and relevant legislative history "Truth in Evidence" amendments To The California Constitution, with a summary of their effect on California evidence law Edited versions of the majority and dissenting opinions in the Supreme Court's important decisions in Crawford v. Washington and Davis v. Washington
This title assesses the effectiveness and social costs of the most important surveillance methods to prevent crime in public space: CCTV, improved street lighting, security guards, place managers, and defensible space. Importantly, the book goes beyond the question of 'Does it work?' and examines specific conditions and contexts.
This volume is a collection of recent articles written by David Sklansky that have appeared in various publications including Card Player, Poker World and the Two Plus Two Poker Strategy Magazine. A few have never before appeared in print. Most of the articles are about poker or gambling. However, David has recently branched out into other areas that lend themselves to his unique style of analysis and some of these essays are contained in this book. From the original book, Poker and gaming topics include Being a Favorite, Are Great Players Born? Talent Versus Discipline, The Importance of Position, Never Go Broke, When Time is Not of the Essence, and Is Your Wallet Fat Enough? Life topics include What It Is that Makes an Issue Controversial, Coincidences, Some Thoughts on Dying, Legitimate Grievances, and Crime and Punishment. This expanded addition also contains 32 additional essays, many of which address no-limit hold 'em. Essays for the Expanded Edition include Pros Versu
With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. »» Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together,as police have traditionally done—produces a significant number of incorrect identifications. »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.Justice demands no less.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Natural Resources Law, Fifth Edition, continues to emphasize the importance of place through a visually rich text that invites students to consider the passion behind natural resources disputes. Chapters open with a map marking the geographic location of each case and all judicial opinions begin with a context-setting, place-based narrative and photograph. This teachable book groups readings into discrete, assignment-sized chunks and accommodates a wide range of pedagogical approaches. For those who want to focus on cross-cutting themes and policy, each chapter includes thought-provoking article excerpts concludes with a discussion problem that applies the chapter’s cases to a contemporary policy issue or dispute. For those who want to get into the nitty-gritty details of the law, each chapter presents statutory and regulatory excerpts in standalone, easily referenced sections, rather than scattered throughout the text. New to the Fifth Edition: New/updated discussion problems, including: access to nature and urban conservation; Dakota Access Pipeline; expanding tribal management of resources; mitigation under Clean Water Act; and climate change and rising seas New cases, including: Wyoming v. DOI; WildEarth Guardians v. Zinke; Center for Biological Diversity v. EPA; Alliance for the Wild Rockies v. U.S. Forest Service; Wetlands America v. White Cloud Nine Ventures; Edwards Aquifer v. Bragg; Butte Environmental Council v. U.S. Army Corps of Engineers New/expanded discussion: Wildfire and state/private forestry regulation Negative impacts on Native Americans of the historical settlement of the public domain and the preservation movement Renewable energy infrastructure on public lands Overlooked and growing relevance of CWA section 404 on streams and wetlands Efforts to recognize “rights of nature” Importance of access to nature; role of urban parks ESA critical habitat; agency policy documents implementing the ESA Water transfers, groundwater regulation, and reserved rights Snowmobile use in Yellowstone National Park; continuing challenges to the Antiquities Act and presidentially designated national monuments Revised chapter on energy and federal lands by national expert Alexandra Klass, including debates over the use of federal lands for continued fossil fuel development and siting of renewable energy infrastructure on public lands Professors and students will benefit from: Place-based approach—conveys passion and drama fueling resource disputes and policy and brings to life judicial analysis and statutory interpretation Broad national coverage—includes both traditional public lands issues and broader natural resource topics of interest to both eastern and western students Factually rich discussion problem at end of each chapter—based on a contemporary dispute or policy issue
A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, other crimes evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, other crimes evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor's preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.
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