This revised edition covers the latest changes in criminal and U.S Supreme Court cases. Written by the authors of Represent Yourself in Court, Paul Bergman, J.D. and Sara Berman, J.D.
Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of a University Distinguished Teaching Award. His recent books include Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.) and Represent Yourself In Court and The Criminal Law Handbook (both with Berman, Nolo). He has also published numerous articles in law journals and regularly gives presentations on how law and lawyers are portrayed in film.
Sara J. Berman received her law degree from UCLA. She is a Professor at the Concord University School of Law, and a founder of the PASS Online Bar Review (www.passlaw.com). She has authored several bar review course texts and legal articles, and has lectured extensively for BarPassers, West Bar Review, and the Practicing Law Institute. She teaches criminal law, criminal procedure, criminal justice, legal writing and analysis, corporations law, and community property law. She is also the coauthor of Nolo’s Represent Yourself in Court: How to Prepare & Try a Winning Case.
To help readers understand the complex issue of criminal sentencing, this informative volume describes the major sentencing procedures used in American courts (determinate, indeterminate, guidelines-based, and mandatory), highlighting the merits and flaws of each with well-documented cases and examples. Coverage includes a range of contentious issues, including the disproportionate application of the death penalty, sex offender laws, punishing the addicted and the mentally ill, and balancing punishment with rehabilitation.
Features:Revised and updated to reflect recent research and statutory changes, provides a comprehensive and concise overview of the U.S. criminal justice system.Authoritative and comprehensive overview of the U.S. criminal justice system.Includes legal decisions as a basis for much of the textual explanations. Accurately interprets the legal decisions and includes citations.Features references to current affairs and developments to illustrate legal principles in action Well-structured, teachable text. Pedagogy includes thoughtful learning objectives, chapter outlines and overviews, key terms with marginal definitions, and helpful charts and figures.
The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more.
Features:Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructors? website (www.sentencingbook.net) provides the Teacher?s Manual?available only electronically on the site? with additional teaching materials to be posted as needed. Students? website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library.
Thoroughly updated, the revised Third Edition includes:New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of ?racial impact statements? about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of ?second look? policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the ?supervised release? that has come to replace traditional parole. Discussion of new technologies, developm
Written by individuals who have actively engaged prosecutors in practically every U.S. state over 30 years' time, the book examines actual case profiles that enable readers to witness how prosecutors reach their behind-the-scenes decisions and grasp how the criminal justice system operates. The authors explain the variations in prosecution, including the effects of policies and priorities, action choices available, and the types of both internal and external relationships with other participants in the system: the police, the courts, the defense counsel, and the community they represent. Readers will come away with in-depth knowledge and understanding of the complexities and pressures faced by prosecutors in upholding justice under a wide variety of conditions.
Whether you face a criminal case, work in law enforcement, or simply want to know more about the criminal law system, this book can help.
Criminal Law: A Desk Reference covers the basic to the complex in alphabetical order. Whether it’s “alibi” or “writ of habeas corpus,” the book makes it easy to find and understand what you’re looking for. It even provides links to articles about the law in your state.
With this book you’ll be able to:
• learn the law with real-life examples
• understand procedures from arraignment
• determine defenses to common crimes
• examine actual criminal statutes
• understand new movements in the law, like "revenge porn" prosecutions, and
• learn about working with a lawyer.
The third edition has been thoroughly updated to reflect the latest criminal law trends and Supreme Court rulings.