Good Courts

Contemporary Society Series

Book 8
Quid Pro Books
Free sample

Presented in a new digital edition, and adding a Foreword by Jonathan Lippman, Chief Judge of the state of New York, Good Courts is now available as an eBook to criminal justice workers, jurists, lawyers, political scientists, court officials, and others interested in the future of alternative justice and process in the United States. 

Public confidence in American criminal courts is at an all-time low. Victims, communities, and even offenders view courts as unable to respond adequately to complex social and legal problems including drugs, prostitution, domestic violence, and quality-of-life crime. Even many judges and attorneys think that the courts produce assembly-line justice.

Increasingly embraced by even the most hard-on-crime jurists, problem-solving courts offer an effective alternative. As documented by Greg Berman and John Feinblatt—both of whom were instrumental in setting up New York’s Midtown Community Court and Red Hook Community Justice Center, two of the nation’s premier models for problem-solving justice—these alternative courts reengineer the way everyday crime is addressed by focusing on the underlying problems that bring people into the criminal justice system to begin with.

The first book to describe this cutting-edge movement in detail, Good Courts features, in addition to the Midtown and Red Hook models, an in-depth look at Oregon’s Portland Community Court. And it reviews the growing body of evidence that the problem-solving approach to justice is indeed producing positive results around the country.

Quality eBook features include linked Notes, active TOC, and proper formatting.

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About the author

Greg Berman is the director of the Center for Court Innovation. John Feinblatt is the President of Everytown for Gun Safety.

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Additional Information

Publisher
Quid Pro Books
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Published on
Dec 3, 2015
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Pages
237
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ISBN
9781610273312
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Features
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Language
English
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Genres
Law / Courts
Law / Criminal Procedure
Social Science / Criminology
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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 In ANOTHER WAY OF SEEING, Peter Gabel argues that our most fundamental spiritual need as human beings is the desire for authentic mutual recognition. Because we live in a world in which this desire is systematically denied due to the legacy of fear of the other that has been passed on from generation to generation, we exist as what he calls "withdrawn selves," perceiving the other as a threat rather than as the source of our completion as social beings. Calling for a new kind of "spiritual activism" that speaks to this universal interpersonal longing, Gabel shows how we can transform law, politics, public policy, and culture so as to build a new social movement through which we become more fully present to each other--creating a new "parallel universe" existing alongside our socially separated world and reaffirming the social bond that inherently unites us.

"Peter Gabel is one of the grand prophetic voices in our day. He also is a long-distance runner in the struggle for justice. Don't miss this book!"
--Cornel West, The Class of 1943 Professor, Princeton University, and Professor of Philosophy and Christian Practice, Union Theological Seminary 

"Replete with wise insights that reward readers with Another Way of Seeing toward their pursuit of compassion, community, and a better world, law professor, activist and philosopher Peter Gabel's excellent essay collection elaborates upon the meaning of Martin Luther King Jr.'s expression 'Justice is love correcting that which revolts against love.' No matter what your expertise, Gabel's thoughts are pertinent to fulfillment of your human possibilities."
--Ralph Nader, Washington, DC

This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insurance defense practice. This book is for scholars and practitioners interested in understanding the work of lawyers in day-to-day litigation-like settings—and those concerned about what the future might hold for the structure of the legal profession and the nature of legal practice. 

“Lawyers at Work is a masterful collection, by one of the leading and award winning empirical researchers on legal institutions and the legal profession today, on the ‘black box’ of law practice. Spanning decades of research, Professor Kritzer presents data and findings on how lawyers bill, develop relationships with clients and opponents, manage scientific expertise, negotiate, and conduct their everyday work in a wide variety of case types. He explores and exposes the differences in  both theories and data about the legal profession from virtually every major study there is on what lawyers actually do. If anyone wants to know about the real practices of lawyers in the past and present, and with important projections about the future, this is a must read. We can speculate about what lawyers really do, but Kritzer has the actual ‘facts.’”
—  Carrie Menkel-Meadow, Chancellor’s Professor of Law and Political Science, University of California, Irvine, and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University Law Center

“Through wide-ranging field research over 35 years Kritzer has done more than anyone to document the craft of lawyers at work. This extraordinary compilation finds the whole in a professional lifetime of research, cementing Kritzer’s reputation as pioneer and master of empirical legal research.”
—  Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania Law School

“Bert Kritzer has long been recognized as one of the most astute scholarly commentators on the U.S. legal profession. This collection of papers allows readers to see his body of work as a whole, and to appreciate the unique combination of quantitative and qualitative skills on which it rests. It is essential reading for anyone who wants to cut through the myths that pervade debates about policy and practice in civil justice.”
—  Robert Dingwall, Nottingham Trent University, UK

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.

American Criminal Courts: Legal Process and Social Context is an introductory-level text that offers a comprehensive study of the legal processes that guide criminal courts and the social contexts that introduce variations in the activities of actors inside and outside the court. Specifically the text focuses upon: Legal Processes. U.S. criminal courts are constrained by several legal processes and organizational structures that determine how the courts operate and how laws are applied. This book explores how democratic processes develop the criminal law in the United States, the documents that define law (federal and state constitutions, legal codes, administrative policies), the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying legal philosophies of various types of courts. Although most texts on criminal courts do a credible job of describing legal processes, this text looks more deeply into the origins of criminal law, historic turning points in the criminal law, conditions that affect the decision-making of criminal justice practitioners, and the contentious political process that affects how criminal laws are considered. Social Contexts.

The criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. The text includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys), as well as those outside the court who seek to influence it, including advocacy groups, media, and politicians. It is the interplay between the court legal processes and the social actors in the courtroom that makes the application of the criminal laws so fascinating. By focusing on the tension between the law (legal processes) and the actors inside and outside the courts system (social contexts), this text demonstrates how the courts are a product of "law in action," and it presents the course content in a way that enables students to understand not only the "how" of the U.S. criminal court system but also the "why."

 A new collection of compelling and challenging essays from one of the nation's leading voices on criminal justice reform, Reducing Crime, Reducing Incarceration makes the argument that sometimes small changes on the ground can add up to big improvements in the criminal justice system. 

How do you launch a new criminal justice reform? How do you measure impact? Is it possible to spread new practices to resistant audiences? And what’s the point of small-bore experimentation anyway? Greg Berman answers these questions by telling the story of successful experiments like the Red Hook Community Justice Center in Brooklyn and by detailing the challenges of implementing new ideas within the criminal justice system. As Laurie Robinson, a professor at George Mason University, writes in her introduction: “Berman offers vivid testimony that—even in the face of opposition—it is, in fact, possible to push our criminal justice system closer to realizing its highest ideals. And that, indeed, is good news.” Other experts share their opinions:

“The central insight of Reducing Crime, Reducing Incarceration is that small tweaks in practice within the criminal justice system can sometimes lead to big change on the streets. By telling the story of the Red Hook Community Justice Center and similar innovations, Greg Berman offers a hopeful message: criminal justice reform at the local level can make a difference.” 
— James B. Jacobs 
Warren E. Burger Professor of Law, New York University School of Law

“Innovation is hard work.... Berman offers a look at how change happens at the local level—and how, sometimes, it doesn't. These well-written essays offer a compelling vision of both the challenges and opportunities of criminal justice reform.” 
— Nicholas Turner 
President, Vera Institute of Justice 

“The topic of criminal justice reform has challenged and bedeviled social thinkers for centuries. In this book, Berman offers a clear-eyed and inventive approach to the problem. Recognizing that change is best achieved at the local level with small, incremental steps using demonstration projects, Berman provides concrete examples of both successes and failures stemming from the work of the Center for Court Innovation over the last two decades. For anyone interested in the future of criminal justice, this book should be on the top of the 'must read' list.” 
— John H. Laub 
Distinguished University Professor, Department of Criminology and Criminal Justice, University of Maryland, College Park 

“Here you will find Berman's compelling case for community justice, along with classic readings on problem-solving courts. Berman writes like all the rest of us wish we did....”
— Candace McCoy 
The Graduate Center and John Jay College< City University of New York 

Presented in print and digital formats in the Contemporary Society Series by Quid Pro Books, the ebook edition uses proper formatting, linked notes, active URLS in notes, and active Contents.

Drug courts offer offenders an intensive court-based treatment program as an alternative to the normal adjudication process. Begun in 1989, they have since spread dramatically throughout the United States. In this interdisciplinary examination of the expanding movement, a distinguished panel of legal practitioners and academics offers theoretical assessments and on-site empirical analyses of the workings of various courts in the United States, along with detailed comparisons and contrasts with related developments in Britain. Practitioners, politicians, and academics alike acknowledge the profound impact drug courts have had on the American criminal justice system. From a range of disciplinary perspectives, contributors to this volume seek to make sense of this important judicial innovation. While addressing a range of questions, Drug Courts also aims to achieve a careful balance between focused empirical studies and broader theoretical analyses of the same phenomenon. The volume maintains an analytical concentration on drug courts and on the important practical, philosophical, and jurisprudential consequences of this unique form of therapeutic jurisprudence. Drug courts depart from the practices and procedures of typical criminal courts. Prosecutors and defense counsel play much-reduced roles. Often lawyers are not even present during regular drug court sessions. Instead, the main courtroom drama is between the judge and client, both of whom speak openly and freely in the drug court setting. Often accompanying the client is a treatment provider who advises the judge and reviews the client's progress in treatment. Court sessions are characterized by expressive and sometimes tearful testimonies about the recovery process, and are often punctuated with applause from those in attendance. Taken together, the chapters provide a variety of perspectives on drug courts, and extend our knowledge of the birth and evolution of a new movement. Drug Courts is an essential reference for courses in criminology, the sociology of drugs and deviance, and the philosophy of law and punishment.
 In ANOTHER WAY OF SEEING, Peter Gabel argues that our most fundamental spiritual need as human beings is the desire for authentic mutual recognition. Because we live in a world in which this desire is systematically denied due to the legacy of fear of the other that has been passed on from generation to generation, we exist as what he calls "withdrawn selves," perceiving the other as a threat rather than as the source of our completion as social beings. Calling for a new kind of "spiritual activism" that speaks to this universal interpersonal longing, Gabel shows how we can transform law, politics, public policy, and culture so as to build a new social movement through which we become more fully present to each other--creating a new "parallel universe" existing alongside our socially separated world and reaffirming the social bond that inherently unites us.

"Peter Gabel is one of the grand prophetic voices in our day. He also is a long-distance runner in the struggle for justice. Don't miss this book!"
--Cornel West, The Class of 1943 Professor, Princeton University, and Professor of Philosophy and Christian Practice, Union Theological Seminary 

"Replete with wise insights that reward readers with Another Way of Seeing toward their pursuit of compassion, community, and a better world, law professor, activist and philosopher Peter Gabel's excellent essay collection elaborates upon the meaning of Martin Luther King Jr.'s expression 'Justice is love correcting that which revolts against love.' No matter what your expertise, Gabel's thoughts are pertinent to fulfillment of your human possibilities."
--Ralph Nader, Washington, DC

A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
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