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Disorder in the American Courts: A System Under Strain
The American judicial system, a cornerstone of democracy, is facing unprecedented challenges. From overcrowded courtrooms and underfunded public defenders to escalating caseloads and a growing distrust in the impartiality of justice, the phrase "disorder in the American courts" is no longer hyperbole. This comprehensive analysis delves into the multifaceted issues contributing to this crisis, exploring their causes, consequences, and potential solutions. We’ll examine the systemic failures undermining the fairness and efficiency of the American legal landscape, providing insights into the urgent need for reform.
H2: The Crumbling Infrastructure of Justice
One of the most significant contributors to disorder in the American courts is the sheer lack of resources. Many courts operate with outdated technology, insufficient staffing, and severely limited budgets. This translates to:
H3: Overburdened Judges and Staff: Judges are forced to manage overwhelming caseloads, leading to rushed decisions and potentially flawed judgments. Court clerks and other staff struggle to keep up, contributing to processing delays and administrative backlogs.
H3: Inadequate Facilities: Many courthouses are dilapidated and overcrowded, creating uncomfortable and inefficient working conditions for judges, lawyers, and the public. This lack of proper facilities can also impact security and accessibility.
H3: Technological Deficiencies: The absence of robust and updated technology hinders efficient case management, electronic filing, and communication. This antiquated infrastructure slows down proceedings and increases the potential for errors.
H2: The Public Defender Crisis: A Foundation of Inequality
The right to legal counsel is a fundamental tenet of American justice, yet the public defender system is chronically underfunded and overworked. This leads to:
H3: Inadequate Representation: Public defenders often carry impossibly high caseloads, leaving them with insufficient time to adequately investigate cases and prepare effective defenses. This disproportionately impacts indigent defendants, leading to unfair outcomes.
H3: Plea Bargaining Pressure: Overburdened public defenders are often forced to pressure clients into plea bargains, even if they are innocent, simply to manage their workload. This undermines the integrity of the justice system.
H3: Systemic Bias: The underfunding of public defense disproportionately affects marginalized communities, exacerbating existing inequalities within the justice system.
H2: The Rise of Caseloads and Backlogs: A Slowing Wheel of Justice
The sheer volume of cases entering the American court system is overwhelming its capacity. This leads to:
H3: Extended Delays: Cases can languish for years, causing immense stress and hardship for those involved. This delay often leads to lost jobs, damaged reputations, and emotional distress.
H3: Inefficient Resource Allocation: Limited resources are stretched thin, resulting in an inefficient allocation of funds and personnel. This impacts the quality of justice across the board.
H3: Increased Costs: The delays and inefficiencies associated with large caseloads ultimately increase the overall cost of the judicial system, impacting taxpayers and further straining already limited resources.
H2: Erosion of Public Trust: A Crisis of Confidence
Declining public trust in the impartiality and effectiveness of the courts is a significant problem. This is fueled by:
H3: Perceived Bias and Injustice: High-profile cases highlighting perceived bias and injustice further erode public confidence. This erosion of trust can lead to social unrest and a sense of disillusionment with the legal system.
H3: Lack of Transparency: A lack of transparency in judicial processes can further fuel skepticism and distrust among the public.
H3: Media Influence: The media’s portrayal of the court system, often focused on sensationalized cases, can also contribute to a negative public perception.
H2: Potential Solutions and Pathways to Reform
Addressing the disorder in the American courts requires a multi-pronged approach. This includes:
H3: Increased Funding: Significant investment in the judicial system is crucial to improve infrastructure, increase staffing, and modernize technology.
H3: Judicial Reform: Reforms are needed to address case backlogs, streamline processes, and ensure efficient resource allocation.
H3: Public Defender Reform: Increased funding and resources are vital to improve the quality of representation provided to indigent defendants.
H3: Promoting Transparency and Accountability: Greater transparency in judicial processes and increased accountability for judicial misconduct can help rebuild public trust.
Conclusion
The disorder in the American courts is a multifaceted crisis demanding immediate and sustained attention. Addressing this issue requires a commitment to long-term investment, systemic reforms, and a renewed focus on ensuring equal access to justice for all. Failure to address these challenges will continue to undermine the integrity and effectiveness of the American legal system, jeopardizing the very foundation of our democracy.
FAQs
1. What is the biggest contributor to disorder in the American courts? The lack of adequate funding and resources is a primary driver, leading to overworked staff, inadequate facilities, and technological deficiencies.
2. How does the public defender crisis contribute to inequality? Underfunded public defenders often cannot provide effective representation to indigent defendants, leading to unfair outcomes and exacerbating existing societal inequalities.
3. What role does technology play in the problem? Antiquated technology slows down processes, increases the potential for errors, and hinders efficient case management, further contributing to backlogs.
4. How can public trust in the courts be restored? Increased transparency, accountability for misconduct, and addressing perceived biases are crucial steps in rebuilding public confidence.
5. What specific legislative changes could help? Increased funding for the judiciary and public defenders, along with reforms to streamline court processes and improve case management systems, are crucial legislative changes.
disorder in the american courts: Disorder in the American Courts Marcelle Boren, 2016-04-27 The quotes contained in this book are things real people actually said, word for word, under oath in legal court proceedings and are forever immortalized in the public record. This fully illustrated, cartoon panel book brings these humorous quotes to life! It is true that lawyers and witnesses say the darndest things! Please enjoy a good laugh at their expense. |
disorder in the american courts: Supreme Disorder Ilya Shapiro, 2020-09-22 NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL A must-read for anyone interested in the Supreme Court.—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order. |
disorder in the american courts: Law and Disorder: Absurdly Funny Moments from the Courts Charles M. Sevilla, 2014-08-04 More hilarious, unbelievable-but-true stories from our nation’s courts, from the author of Disorder in the Court and Disorderly Conduct. Charles M. Sevilla finds comic gems in court transcripts—and now brings readers a delightful, all-new collection. Starting with a chapter on the defendants (one of whom, when asked his marital status, replies after a long pause, Adequate) and following with sections on lawyers, experts, witnesses, evidence, and even one called Malaprops (DA: The status of the boat has no relevance to this case at all. This is a total fishing expedition). Stories from Sevilla's previous books have become viral Internet sensations, priming readers for more legal disorder, such as: Clerk: Do you solemnly swear that the testimony you are about to given in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God? Witness: Yes, I swear. I’ll say anything but the truth, nothing but the truth. |
disorder in the american courts: Disorder in the American Courts Marcelle Boren, E. Shepard, 2014-09-02 The quotes contained in this book are things real people actually said, word for word, under oath in legal court proceedings and are forever immortalized in the public record. While trying to be completely serious, the words escaping their mouths are anything but. It is true that lawyers and witnesses say the darndest things. Please enjoy a good laugh at their expense. |
disorder in the american courts: Responsibility and Psychopathy Luca Malatesti, John McMillan, 2010-08-19 The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective. |
disorder in the american courts: Roots of Disorder Christopher Waldrep, 1998 Every white southerner understood what keeping African Americans down meant and what it did not mean. It did not mean going to court; it did not mean relying on the law. It meant vigilante violence and lynching. Looking at Vicksburg, Mississippi, Roots of Disorder traces the origins of these terrible attitudes to the day-to-day operations of local courts. In Vicksburg, white exploitation of black labor through slavery evolved into efforts to use the law to define blacks' place in society, setting the stage for widespread tolerance of brutal vigilantism. Fed by racism and economics, whites' extralegal violence grew in a hothouse of more general hostility toward law and courts. Roots of Disorder shows how the criminal justice system itself plays a role in shaping the attitudes that encourage vigilantism. Delivers what no other study has yet attempted. . . . Waldrep's book is one of the first systematically to use local trial data to explore questions of society and culture. -- Vernon Burton, author of A Gentleman and an Officer: A Social and Military History of James B. Griffin's Civil War |
disorder in the american courts: Poor Justice Vicki Lens, 2016 This book provides a vivid portrait of how the lives of poor people are affected by the judicial system. Drawing from ethnographic observations, court decisions, and other materials, Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. |
disorder in the american courts: Disorderly Conduct Rodney R. Jones, Charles M. Sevilla, Gerald F. Uelmen, 1999-07-07 This assortment of unintentionally amusing courtroom exchanges ranges from the testimony of expert witnesses to jury selection to cross examination to creative defense, closing argument, and sentencing -- a rollicking guide to America's legal system. |
disorder in the american courts: Insane Alisa Roth, 2018-04-03 An urgent exposéf the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable. |
disorder in the american courts: Ending Discrimination Against People with Mental and Substance Use Disorders National Academies of Sciences, Engineering, and Medicine, Division of Behavioral and Social Sciences and Education, Board on Behavioral, Cognitive, and Sensory Sciences, Committee on the Science of Changing Behavioral Health Social Norms, 2016-09-03 Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States. |
disorder in the american courts: GUIDE TO MENTAL DISORDER LAW IN CANADIAN CRIMINAL JUSTICE. MICHAEL. DAVIES, 2020 |
disorder in the american courts: A Court of Refuge Ginger Lerner-Wren, Rebecca A. Eckland, 2018-03-06 The story of America’s first Mental Health Court as told by its presiding judge, Judge Ginger Lerner-Wren—from its inception in 1997 to its implementation in over 400 courts across the nation As a young legal advocate, Ginger Lerner-Wren bore witness to the consequences of an underdeveloped mental health care infrastructure. Unable to do more than offer guidance, she watched families being torn apart as client after client was ensnared in the criminal system for crimes committed as a result of addiction, homelessness, and mental illness. She soon learned this was a far-reaching crisis—estimates show that in forty-four states, jails and prisons house ten times more people with serious mental illnesses than state psychiatric hospitals. In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court’s inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the US. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue—and to change our attitudes about mental illness as a whole. |
disorder in the american courts: Nixon's Court Kevin J. McMahon, 2011-09-19 Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation. |
disorder in the american courts: Law and Disorder in the Postcolony Jean Comaroff, John L. Comaroff, 2008-09-15 Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction. |
disorder in the american courts: Ethics, Conflict and Medical Treatment for Children E-Book Dominic Wilkinson, Julian Savulescu, 2018-08-05 What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents' wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new 'dissensus' framework for future cases of disagreement. - This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. - The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. - The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people. |
disorder in the american courts: Disorder in the Court! Bob Terrell, Marcellus Buchanan, 2004 A collection of humorous tales, legends, and happenings about people in and arounds the courts of North Carolina |
disorder in the american courts: Crook County Nicole Gonzalez Van Cleve, 2016-05-24 Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to save and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality. |
disorder in the american courts: High Conflict People in Legal Disputes Bill Eddy, 2012-03-30 An easy and practical book for legal professionals or anyone else disputing with someone with a high-conflict personality. |
disorder in the american courts: Defining Drug Courts National Association of Drug Court Professionals. Drug Court Standards Committee, 1997 |
disorder in the american courts: DSM-5 and the Law Charles L. Scott, 2015 Resource added for the Paralegal program 101101. |
disorder in the american courts: Trends in State Courts 2020 Charles Campbell, John Holtzclaw, 2020-07-14 Trends in State Courts is an annual, peer-reviewed publication that highlights innovative practices in critical areas that are of interest to courts, and often serves as a guide for developing new initiatives and programs and supporting policy decisions. This year's Trends looks at leading during a pandemic, virtual remote interpreting, online dispute resolution, case management systems, new data systems for drug treatment courts, legal icons as a plain language tool, family justice initiative, the impact of labeling youth sexual offenders, parental alienation, divorces among senior citizens, state court collaboration across systems, what happens when a judge's personal opinion collides with the law, building trust, and racial justice. |
disorder in the american courts: Forensic Psychology: A Very Short Introduction David Canter, 2010-06-17 Lie detection, offender profiling, jury selection, insanity in the law, predicting the risk of re-offending , the minds of serial killers and many other topics that fill news and fiction are all aspects of the rapidly developing area of scientific psychology broadly known as Forensic Psychology. Forensic Psychology: A Very Short Introduction discusses all the aspects of psychology that are relevant to the legal and criminal process as a whole. It includes explanations of criminal behaviour and criminality, including the role of mental disorder in crime, and discusses how forensic psychology contributes to helping investigate the crime and catching the perpetrators. It also explains how psychologists provide guidance to all those involved in civil and criminal court proceedings, including both the police and the accused, and what expert testimony can be provided by a psychologist about the offender at the trial. Finally, David Canter examines how forensic psychology is used, particularly in prisons, to help in the management, treatment and rehabilitation of offenders, once they have been convicted. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. |
disorder in the american courts: Mental Disorder and Crime Sheilagh Hodgins, 1992-12-29 Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered. |
disorder in the american courts: Detention Before Trial Martin L. Friedland, 1965-12-15 Detention before trial has been one of the most neglected areas in the whole administration of criminal justice. In the past, attention has been focussed almost exclusively on detention after trial (i.e. sentencing), which touches the lives of significantly fewer persons than detention before trial. There has been no previous examination in Canada of the utility or effectiveness of its operation. This study will fill an important need by documenting statistically the extent and nature of custody before trial in the Toronto Magistrates' Courts, where the overwhelming majority of citizens charged with criminal offences in the Toronto area are tried. Although the study is primarily directed at practices before trial in Toronto, many of these practices can be found in other cities throughout North America. Specific areas of importance which were investigated here include the use of the summons; the extent to which accused persons are detained in custody both before and after the first court appearance; bail-setting practices and the ability to raise bail; the activities of professional bondsmen; the enforcement of penalties for absconding; and the relationship between custody and the outcome of the trial. Much of the presentation of the data is descriptive, but attempts are made throughout the study to prove statistically the existence of casual relationships. The result is a work which brings together in lucid and scholarly form important evidence which will be valuable to lawyers and all who are professionally concerned with social problems, and of interest to everyone with a regard for the administration of justice. |
disorder in the american courts: International Handbook on Psychopathic Disorders and the Law Alan R. Felthous, Henning Sass, 2007 Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law. |
disorder in the american courts: The Criminalization of Mental Illness Risdon N. Slate, Kelly Frailing, W. Wesley Johnson, Jacqueline K. Buffington-Vollum, 2021 For a myriad of reasons the criminal justice system has become the de facto mental health system in the United States. The third edition of The Criminalization of Mental Illness thoroughly explains these reasons, and describes in detail specialized law enforcement responses to people with mental illness (PWMI), mental health courts, jails and prison conditions, and discharge planning for this group. The third edition also includes examples of crises involving PWMI that end up driving policy, examines how therapeutic jurisprudence can be utilized to improve responses to PWMI and to ameliorate the inhumane and costly recycling of PWMI through the criminal justice system, and provides insight from criminal justice practitioners, in their own words, about the challenges both PWMI and practitioners face in the system and efforts to overcome them. This edition also examines the tension throughout the system when attempting to balance public safety and civil liberties. The concept of defunding the police and the impact of the Affordable Care Act on PWMI are considered as well-- |
disorder in the american courts: Imbeciles Adam Cohen, 2016-03-01 Longlisted for the 2016 National Book Award for Nonfiction One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.” Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.” At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded. Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior. Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized. In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more. Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history. |
disorder in the american courts: Unwarranted Barry Friedman, 2017-02-21 “At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us. |
disorder in the american courts: Prosecuted But Not Silenced Maralee McLean, 2018-07-24 Prosecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse—a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee’s story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter. |
disorder in the american courts: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
disorder in the american courts: United States Attorneys' Manual United States. Department of Justice, 1985 |
disorder in the american courts: Overcoming the Devastation of Legal Abuse Syndrome Karin Pearson Huffer, 1995 |
disorder in the american courts: The Fraternity John Fitzgerald Molloy, 2004-08-25 A former Chief Justice of the Court of Appeals for Arizona discusses his part in what he considers collusion as a lawyer, including discussions of cases in which he was professionally involved, and argues that American lawyers and judges have acted jointly to make the legal system progressively require the work of legal professionals, an outcome that has become possible by sanctifying the Constitution in a way that allows them to paint opposition to their decisions as sacreligious. |
disorder in the american courts: Pain Management and the Opioid Epidemic National Academies of Sciences, Engineering, and Medicine, Health and Medicine Division, Board on Health Sciences Policy, Committee on Pain Management and Regulatory Strategies to Address Prescription Opioid Abuse, 2017-09-28 Drug overdose, driven largely by overdose related to the use of opioids, is now the leading cause of unintentional injury death in the United States. The ongoing opioid crisis lies at the intersection of two public health challenges: reducing the burden of suffering from pain and containing the rising toll of the harms that can arise from the use of opioid medications. Chronic pain and opioid use disorder both represent complex human conditions affecting millions of Americans and causing untold disability and loss of function. In the context of the growing opioid problem, the U.S. Food and Drug Administration (FDA) launched an Opioids Action Plan in early 2016. As part of this plan, the FDA asked the National Academies of Sciences, Engineering, and Medicine to convene a committee to update the state of the science on pain research, care, and education and to identify actions the FDA and others can take to respond to the opioid epidemic, with a particular focus on informing FDA's development of a formal method for incorporating individual and societal considerations into its risk-benefit framework for opioid approval and monitoring. |
disorder in the american courts: Crazy Pete Earley, 2007-04-03 “A magnificent gift to those of us who love someone who has a mental illness…Earley has used his considerable skills to meticulously research why the mental health system is so profoundly broken.”—Bebe Moore Campbell, author of 72 Hour Hold Former Washington Post reporter Pete Earley had written extensively about the criminal justice system. But it was only when his own son—in the throes of a manic episode—broke into a neighbor's house that he learned what happens to mentally ill people who break a law. This is the Earley family's compelling story, a troubling look at bureaucratic apathy and the countless thousands who suffer confinement instead of care, brutal conditions instead of treatment, in the “revolving doors” between hospital and jail. With mass deinstitutionalization, large numbers of state mental patients are homeless or in jail-an experience little better than the horrors of a century ago. Earley takes us directly into that experience—and into that of a father and award-winning journalist trying to fight for a better way. |
disorder in the american courts: Wilkes on Trial Charles M. Sevilla, 1993 Like a graffiti-covered wall, the State v. Diderot case has legendary defense attorney John Wilkes' name written all over it. The victim is pretty, blind, white, and defenseless, and her alleged attacker is anything but. Lyle Diderot has a face that would terrify his own mother, not to mention prospective jurors. He's the longtime leader of the Whiz Kids, a street gang that got its name from the obscene acts it performs on a fallen enemy. Anyone who tangles with this bunch ends up yeller in more ways than one -- a fact that has not gone unnoticed by Judge Yulburton Abraham Knott. Judge Y. Knott would sooner give the Son of Sam instant parole to a nunnery that Diderot a fair shake and Wilkes feels he's more likely to get justice from the KGB than from Knott and his reputable chamber of horrors. But Judge Knott won't be getting the last word: he's soon found slumped over his desk with a knife in his back. And Wilkes is the prime suspect from a drunken night he can barely remember . . . . |
disorder in the american courts: The Hidden History of the Supreme Court and the Betrayal of America Thom Hartmann, 2019-10-01 “Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic. —Publishers Weekly Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, explains how the Supreme Court has spilled beyond its Constitutional powers and how we the people should take that power back. Taking his typically in-depth, historically informed view, Thom Hartmann asks, What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison. Hartmann argues it is not the role of the Supreme Court to decide what the law is but rather the duty of the people themselves. He lays out the history of the Supreme Court of the United States, since Alexander Hamilton's defense to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers. The ultimate remedy to the Supreme Court's abuse of power is with the people--the ultimate arbiter of the law--using the ballot box. America does not belong to the kings and queens; it belongs to the people. |
disorder in the american courts: Letter from Birmingham Jail Martin Luther King, 2025-01-14 A beautiful commemorative edition of Dr. Martin Luther King's essay Letter from Birmingham Jail, part of Dr. King's archives published exclusively by HarperCollins. With an afterword by Reginald Dwayne Betts On April 16, 1923, Dr. Martin Luther King Jr., responded to an open letter written and published by eight white clergyman admonishing the civil rights demonstrations happening in Birmingham, Alabama. Dr. King drafted his seminal response on scraps of paper smuggled into jail. King criticizes his detractors for caring more about order than justice, defends nonviolent protests, and argues for the moral responsibility to obey just laws while disobeying unjust ones. Letter from Birmingham Jail proclaims a message - confronting any injustice is an acceptable and righteous reason for civil disobedience. This beautifully designed edition presents Dr. King's speech in its entirety, paying tribute to this extraordinary leader and his immeasurable contribution, and inspiring a new generation of activists dedicated to carrying on the fight for justice and equality. |
disorder in the american courts: Bad Lawyer Anna Dorn, 2021-05-04 Law school was never Anna Dorn's dream. It was a profession pushed on her by her parents, teachers, society... whatever. It's not the worst thing that can happen to a person; as Dorn says, law school was pretty cushy and mostly entailed wearing leggings every day to her classes at Berkeley and playing beer pong with her friends at night. The hardest part was imagining what it would be like to actually be a lawyer one day. But then she'd think of Glenn Close on Damages and Reese Witherspoon in Legally Blonde, and hoped for the best. After graduation, however, Dorn realized that there was nothing sexy about being a lawyer. Between the unflattering suits, sucking up to old men, and spending her days sequestered in a soul-sucking cubicle, Dorn quickly learned that being a lawyer wasn't everything Hollywood made it out to be. Oh, and she sucked at it. Not because she wasn't smart enough, but because she couldn't get herself to care enough to play by the rules. Bad Lawyer is more than just a memoir of Dorn's experiences as a less-than-stellar lawyer; it's about the less-than-stellar legal reality that exists for all of us in this country, hidden just out of sight. It's about prosecutors lying and filing inane briefs that lack any semblance of logic or reason; it's about defense attorneys sworn to secrecy-until the drinks come out and the stories start flying; and it's about judges who drink in their chambers, sexually harass the younger clerks, and shop on eBay instead of listening to homicide testimony. More than anything, this book aims to counteract the fetishization of the law as a universe based entirely on logic and reason. Exposing everything from law school to law in the media, and drawing on Dorn's personal experiences as well as her journalistic research, Bad Lawyer ultimately provides us with a fresh perspective on our justice system and the people in it, and gives young lawyers advice going forward into the 21st century. |
disorder in the american courts: Litigating Parental Alienation Ashish Joshi, 2022-05-02 How to evaluate and present an effective case in family court-- |
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