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The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
This casebook contains all of the subjects that ought to be covered in a first course in Criminal Law. The elements of crimes, actus reus and mens rea receive thorough coverage. The basic crimes, including homicide, sexual assault (or rape), theft, and related offenses, are there. The book covers multiple party crimes and preparatory offenses. Sentencing receives a major chapter. And the justification and legality of the criminal law, including constitutional limits on crime definition and the relationship between crimes, harm, and morals, are all covered.
Prohibiting torture will not end it. In Understanding Torture, John T. Parry explains that torture is already a normal part of the state coercive apparatus. Torture is about dominating the victim for a variety of purposes, including public order; control of racial, ethnic, and religious minorities; and¿ critically¿domination for the sake of domination. Seen in this way, Abu Ghraib sits on a continuum with contemporary police violence in U. S. cities; violent repression of racial minorities throughout U. S. history; and the exercise of power in a variety of political, social, and interpersonal contacts. Creating a separate category for an intentionally narrow set of practices labeled and banned as torture, Parry argues, serves to normalize and legitimate the remaining practices that are "not torture. " Consequently, we must question the hope that law can play an important role in regulating state violence. No one who reads this book can fail to understand the centrality of torture in modern law, politics, and governance.
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