This book offers students a unique opportunity to examine strong yet very readable competing views on twenty of the major issues in contemporary criminal justice. It features the works of major writers in the discipline and explores the ideas, orientations and arguments driving the field. Each essay quickly draws readers into the debate using accompanying questions and encourages readers to assess arguments and determine their own conclusions. Where to Find More sections highlight additional...
This book offers students a unique opportunity to examine strong yet very readable competing views on twenty of the major issues in contemporary criminal justice. It features the works of major writers in the discipline and explores the ideas, orientations and arguments driving the field. Each essay quickly draws readers into the debate using accompanying questions and encourages readers to assess arguments and determine their own conclusions. Where to Find More sections highlight additional resources that can be used to explore each issue in more detail. For anyone interested in the criminal justice system
Preface ixIntroduction xiShould the Police Practice Discretion When Enforcing the Law? 1Police Should Exercise Discretion in Deciding When to Arrest John Kleinig 3Police Discretion Has No Place in a Democracy Jeffrey Reiman 13Should the Police Use Trickery and Deceit in Investigations and Interrogations? 24Some Police Deceit and Trickery Is Legitimate Christopher Slobogin 26Lying by Police Should Be Generally Prohibited Margaret L. Paris 41Should a Victims' Rights Amendment Be Added to the U.S. Constitution? 51The Constitution Should Include a Victims' Rights Amendment Steven J. Twist 53There Should Be No Victims' Rights Amendment Bruce Shapiro 61Should the Use of Jailhouse Informants Be Abolished? 72Jailhouse Informants Are a Legitimate Part of the Criminal Justice System Bill McCollum 74Use of Jailhouse Informants Promotes Injustice Eric E. Sterling 78Is Plea Bargaining a Legitimate Way of Settling Criminal Cases? 86Plea Bargaining Should Be Abolished Timothy Lynch 88Plea Bargaining Can Be Acceptable and Fair Timothy Sandefur 94Must Juries Be Cross-Sectional Representations of the Community? 102Fair Deliberation Rather Than Cross-Sectional Representation Is the Goal Jeffrey Abramson 104Cross-Sectional Representation is Essential for Jury Fairness Deborah Ramirez 113Jury Nullification: Should Jurors Ever Refuse to Follow the Law? 124Jurors Should Be Permitted to Follow Their Consciences Jeffrey Abramson 126Jurors Should Always Follow the Law Mark Dwyer 133Is the Restorative Justice Model the Best Model for Criminal Justice? 138Restorative Justice Promises Much More Than It Can Deliver Richard Delgado 140Restorative Justice Is a Major Advance Over Conventional Criminal Justice Allison Morris 151Should Shaming Be an Element of Criminal Punishment? 165Legitimate Criminal Punishment Requires Shaming the Person Convicted Dan M. Kahan 167There Are No Positive Grounds for Shaming Punishments Michael Tonry 175Should There Be Mandatory Minimum Sentences for Criminal Offenses? 184Mandatory Minimums Are Good Policy David Risley 186Mandatory Minimum Sentences Are a Disaster Hon. Patricia M. Wald 193Is Selective Incapacitation An Effective Policy for Reducing Crime? 199Selective Incapacitation Is the Best Model for Stopping Criminal Behavior James Q. Wilson 201Selective Incapacitation is an Ineffective Criminal Policy Andrew von Hirsch 207Supermax Prisons: Valuable or Vile? 214Supermax Prisons are a Valuable Element of the Correctional System Gregory L. Hershberger 216Supermax Prisons Are Part of the Problem Rather Than the Solution Jesenia M. Pizarro Vanja M. K. Stenius Travis C. Pratt 221What Are the Rights of Criminals and Prisoners? 232The Rights of Prisoners Should be Restricted Wesley Smith 234The Rights of Prisoners Must Be Protected Franklin E. Zimring Gordon Hawkins 240Should There Be Laws Requiring Registration and Community Notification for Convicted Sex Offenders? 253There Should Be Laws Requiring Community Notification of the Presence of Convicted Sex Offenders Patty Wetterling 255Community Notification Laws Do More Harm Than Good Bonnie Steinbock 261Should the Death Penalty Be Abolished? 269The Death Penalty Is Morally Justifiable Louis P. Pojman 271The Death Penalty Is Morally Wrong Stephen B. Bright 282Are Boot Camps a Good Way to Deal With Youthful Offenders? 296Juvenile Boot Camps Can Be Promising Programs Cheryl L. Clark Ronald Moscicki Joshua Perry 298Juvenile Boot Camps Raise Serious Questions Francis T. Cullen Kristie R. Blevins Jennifer S. Trager Paul Gendreau 308Should We Eliminate the Special System of Juvenile Justice? 319The Distinct Juvenile Justice System Should Be Eliminated Jeffrey A. Butts 321The Juvenile Justice System Must Be improved and Preserved Hon. Arthur L. Burnett, Sr. 331Should We Continue the "War on Drugs"? 344The War on Illegal Drugs Must Continue Theodore Dalrymple 346The War on Drugs Is Counterproductive Eric L. Jensen Jurg Gerber Clayton Mosher 355Is the Patriot Act a Necessary Protection Against Terrorism Or a Threat to Our Civil Liberties? 367The Patriot Act Is a Necessary Protection Against Terrorism Andrew C. McCarthy 370The Patriot Act Is a Threat to Our Civil Liberties Stephen J. Schulhofer 376