COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.
Federalism is one of the most influential concepts in modern political discourse as well as the focus of immense controversy resulting from the lack of a single coherent definition. Malcolm M. Feeley and Edward Rubin expose the ambiguities of modern federalism, offering a powerful but generous treatise on the modern salience of the term. “Malcolm Feeley and Edward Rubin have published an excellent book.” —Sanford Levinson, University of Texas at Austin “At last, an insightful examination of federalism stripped of its romance. An absolutely splendid book, rigorous but still accessible.” —Larry Yackle, Boston University “Professors Feeley and Rubin clearly define what is and is not federal system. This book should be required for serious students of comparative government and American government.” —G. Ross Stephens, University of Missouri, Kansas City “Feeley and Rubin have written a brilliant book that looks at federalism from many different perspectives—historical, political, and constitutional. Significantly expanding on their earlier pathbreaking work, they have explained the need for a theory of federalism and provided one. This is a must read book for all who are interested in the Constitution.” —Erwin Chemerinsky, Duke University School of Law
Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.
It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
The effort to understand personal relationships has traditionally focused on the individual characteristics of participants. Personal Relationships and Personal Networks takes this analysis a step further, focusing on research linking participants' feelings and actions within a given personal relationship to the larger social context surrounding it. Author Malcolm R. Parks expands on the idea that the initiation, development, maintenance, and dissolution of relationships are inextricably connected to each participant's social network-a perspective that allows for a better appreciation of our connection to the world, and a greater understanding our significant power as social actors. This book offers a new way to consider basic notions about how relationships form, such as how particular people meet, and how relationships are started. Among many findings, the volume demonstrates that individuals in relationships feel closer and generally more connected when they also have a greater amount of contact with the members of each other's personal networks and when they believe that network members support their relationship. Additional topics discussed include how this social context model is applicable to different types of relationships; how participants interact with network members; how social networks are involved in the deterioration of personal relationships; and what drives change in relationships. Students, researchers, and professionals in a wide variety of disciplines such as communication, psychology, sociology, anthropology, family studies, clinical psychology, public health nursing, education, and social work will find this book useful, as will anyone seeking to better understand their own personal relationships.
This book is an examination of recent developments in the areas of youth justice and child protection. It investigates how well young people and the societies in which they live are served by judicial and service systems. Consideration is given to those in care - in young offenders' institutions, foster families and residential homes - as well as those living with their families. A broad range of international experts discuss the largely segregated youth justice and children's legal and service systems in England and Wales, other parts of Western Europe and the US, and compare these with Scotland's integrated system. The implications of these arrangements are considered for the rights of children and parents on the one hand and society on the other. The contributors also provide insights into the rationale for current and proposed policies, as well as the efficacy of different systems. This book will be an important reference for policy-makers, social workers, lawyers, magistrates and equivalent decision makers, health professionals, carers, and all those working in youth justice and child protection. It is highly relevant for academics and students interested in children, citizenship, youth crime, child welfare and state-family relations.
A gripping story of a family tragedy brought about by witch-hunting in Puritan New England that combines history, anthropology, sociology, politics, theology and psychology. “The best and most enjoyable kind of history writing. Malcolm Gaskill goes to meet the past on its own terms and in its own place…Thought-provoking and absorbing." —Hilary Mantel, best-selling author of Wolf Hall In Springfield, Massachusetts in 1651, peculiar things begin to happen. Precious food spoils, livestock ails, property vanishes, and people suffer convulsions as if possessed by demons. A woman is seen wading through the swamp like a lost soul. Disturbing dreams and visions proliferate. Children sicken and die. As tensions rise, rumours spread of witches and heretics and the community becomes tangled in a web of distrust, resentment and denunciation. The finger of suspicion soon falls on a young couple with two small children: the prickly brickmaker, Hugh Parsons, and his troubled wife, Mary. Drawing on rich, previously unexplored source material, Malcolm Gaskill vividly evokes a strange past, one where lives were steeped in the divine and the diabolic, in omens, curses and enchantments. The Ruin of All Witches captures an entire society caught in agonized transition between superstition and enlightenment, tradition and innovation.
In The Franchise: Philadelphia Eagles, take a more profound and unique journey into the history of an iconic team. This thoughtful and engaging collection of essays captures the astute fans' history of the franchise, going beyond well-worn narratives of yesteryear to uncover the less-discussed moments, decisions, people, and settings that fostered the team's iconic identity. Through wheeling and dealing, mythmaking and community building, explore where the organization has been, how it came to prominence in the modern NFL landscape, and how it'll continue to evolve and stay in contention for generations to come.Eagles fans in the know will enjoy this personal, local, in-depth look at team history.
Solvent Extraction in Flame Spectroscopic Analysis provides an introductory discussion on the technique of solvent extraction in flame spectrometry. The book is comprised of six chapters the cover the various aspects and applications of solvent extraction. The text first covers the role of solvent extraction in flame spectrometric analysis, and then proceeds to describing the solvent suitable for flame spectrometry. Next, the book discusses the theoretical and practical aspects of the solvent extraction technique. The text also covers the application of the technique on various elements. The book will be of great use to researchers and professionals who require a good understanding of the various techniques in spectrometry.
The Policy Dilemma was first published in 1981.What can and should the federal government do to solve complex social problems? Malcolm M. Feeley and Austin D. Sarat address this question in the context of one important issue, the problem of crime. They examine a major federal program, the Law Enforcement Assistance Administration, and show how its operation is shaped and reflects what they call the “policy dilemma.” In response to the public's demands, the government tries to do too much and promises more than it can deliver. While The Policy Dilemma is first of all a study of the federal government's attempts to reform and improve criminal justice, it also examines broader issues of public policy making. The problems faced by the LEAA in crime control are shared by all governmental attempts to attack large, insufficiently defined social problems.The authors base their conclusions on extensive interviews with federal, state, and local officials responsible for implementing the Safe Streets Act, including members of ten state planning agencies. In conclusion, Feeley and Sarat summarize the problems of the Safe Streets Act and review congressional attempts at revision and reorganization. They argue that those attempts will only prolong the policy dilemma. The failure of the LEAA, they suggest, is not just a failure of administration but of concept and political theory.
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