Stephanos Bibas's Books

The Machinery of Criminal Justice

By: Stephanos Bibas

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The Machinery of Criminal Justice

By: Stephanos Bibas

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.

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Page Count

320

Publisher

Oxford University Press

Published Date

ISBN 10

0190236760

ISBN 13

9780190236762

The Machinery of Criminal Justice

By: Stephanos Bibas

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The Machinery of Criminal Justice

By: Stephanos Bibas

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318

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Oxford University Press

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ISBN 10

0199705518

ISBN 13

9780199705511

Rebooting Justice

More Technology, Fewer Lawyers, and the Future of Law

By: Benjamin H. Barton,Stephanos Bibas

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Rebooting Justice

More Technology, Fewer Lawyers, and the Future of Law

By: Benjamin H. Barton,Stephanos Bibas

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

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Page Count

198

Publisher

Encounter Books

Published Date

ISBN 10

1594039348

ISBN 13

9781594039348

Rebooting Justice

More Technology, Fewer Lawyers, and the Future of Law

By: Benjamin H. Barton,Stephanos Bibas

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Rebooting Justice

More Technology, Fewer Lawyers, and the Future of Law

By: Benjamin H. Barton,Stephanos Bibas

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Page Count

198

Publisher

Encounter Books

Published Date

ISBN 10

1594039348

ISBN 13

9781594039348

Book's by Stephanos Bibas

The Machinery of Criminal Justice

The Machinery of Criminal Justice

The Machinery of Criminal Justice

The Machinery of Criminal Justice

Rebooting Justice

Rebooting Justice

Rebooting Justice

Rebooting Justice

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