The machinery of criminal justice / Stephanos Bibas.

Format:

Book

Author/Creator:

Bibas, Stephanos.

Language:

English

Subjects (All):

Criminal justice, Administration of--United States.

Criminal justice, Administration of.

United States.

Physical Description:

xxxii, 285 pages ; 24 cm

Place of Publication:

New York : Oxford University Press, [2012]

Contents:

I The Long Drift from Morality Play to Machine 1

A Criminal Justice in the Early American Colonies 2

1 Small-Town Morality 2

2 Lay Justice 3

3 Room for Mercy 6

4 Reintegrative Punishment 9

B Criminal Justice Since the American Revolution 13

1 The Changing Aims of Criminal Justice 13

2 Professionalization 15

3 The Birth of Plea Bargaining 18

4 The Hiding of Punishment Behind Prison Walls 20

5 The Decline of Mercy 23

II Opaque, Unresponsive Criminal Justice 29

A The Players 30

1 Dominant Insiders, Savvy and Self-interested 30

2 Excluded Outsiders, Yearning for Justice 34

B The Play of the Game 40

1 Round One: Insiders' Procedural Discretion Shapes the Rules in Action 41

2 Round Two: Outsiders Try to Check Insiders 43

3 Round Three: Insiders' Procedural Discretion Undercuts Reforms 44

4 Round Four: Outsiders, Egged on by Politicians, Take Matters into Their Own Hands 45

5 Round Five: Insiders Circumvent Even "Mandatory" Reforms 46

C Costs of the Game 48

1 Clouding the Criminal Law's Substantive Message and Effectiveness 49

2 Undermining Legitimacy and Trust 50

3 Hindering Public Monitoring and Preferences 52

D Defense Lawyers and Defendants' Distrust 53

1 Insider Defense Counsel's Interests and Pressures 53

2 Defendants' Overoptimism and Risk-Taking 54

3 Miscommunication, Mistrust, and Muting 55

III Denial, Remorse, Apology, and Forgiveness 59

A Denial and Equivocation 60

1 The Use of Pleas by Defendants in Denial 60

2 The Danger of Convicting the Innocent 63

3 The Costs of False Denial and the Value of Confession 65

4 The Value of Trials as Morality Plays 69

B Remorse, Apology, and Forgiveness 72

1 The Irrelevance of Remorse and Apology in Contemporary Criminal Justice 72

2 Crime as a Relational Concept 75

3 Lessons from Noncriminal Contexts: Civil Mediation 80

IV Whose Voices Belong in Criminal Justice? 83

A The State's Monopoly on Criminal Justice 84

B Incomplete Alternatives to the State's Machinery 88

1 Victims' Rights 89

2 Restorative Justice 94

3 Therapeutic Jurisprudence and Problem-Solving Courts 101

V Popular Moral Discourse Versus Mechanical Efficiency 109

A Efficiency Instead of Moral Judgment 110

B Why Not Address Substantive Moral Goals? 114

VI Returning Power to the Public in a Lawyer-Driven System 129

A Macro-Level Reforms 133

1 From Idle Imprisonment to Work, Accountability, and Reform 133

2 Collateral Consequences and Reentry 140

B Mid-Level Reforms to Include the Public 144

1 Greater Transparency 144

2 Increasing Public Participation 147

C Micro-Level Solutions 150

1 Victim Information and Consultation 150

2 Defendants'Information and Participation 153

3 Restorative Sentencing Juries 156.

Notes:

Includes bibliographical references and index.

ISBN:

9780195374681

0195374681

OCLC:

757718068