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When Law Fails : Making Sense of Miscarriages of Justice.

By: Ogletree, Charles J.
Contributor(s): Sarat, Austin.
Material type: TextTextSeries: JSTOR eBooks.Charles Hamilton Houston Institute Series on Race & Justice: Publisher: New York : NYU Press, 2009Description: 1 online resource (360 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9780814762554; 0814762557.Subject(s): Justice, Administration of -- United StatesAdditional physical formats: Print version:: When Law Fails : Making Sense of Miscarriages of Justice.DDC classification: 347.73012 Online resources: Click here to view this ebook.
Contents:
Acknowledgments; Introduction; Part I: On the Meaning and Significance of Miscarriages of Justice; 1 The Case of "Death for a Dollar Ninety-Five": Miscarriages of Justice and Constructions of American Identity; 2 When Law Fails: History, Genius, and Unhealed Wounds after Tulsa's Race Riot; 3 Margins of Error; Part II: Miscarriages of Justice and Legal Processes; 4 Recovering the Craft of Policing: Wrongful Convictions, the War on Crime, and the Problem of Security; 5 Kalven and Zeisel in the Twenty-First Century: Is the Jury Still the Defendant's Friend?; 6 Extreme Punishment.
7 Miscarriages of Mercy?8 Memorializing Miscarriages of Justice: Clemency Petitions in the Killing State; Part III: Reconceptualizing Miscarriages of Justice; 9 Miscarriage of Justice as Misnomer; 10 The Scale of Injustice; Contributors; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; Q; R; S; T; U; V; W; X; Y; Z.
Summary: Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is.
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Electronic Book UT Tyler Online
Online
KF8700 .W48 2009 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt9qfk2z Available ocn779828223

Acknowledgments; Introduction; Part I: On the Meaning and Significance of Miscarriages of Justice; 1 The Case of "Death for a Dollar Ninety-Five": Miscarriages of Justice and Constructions of American Identity; 2 When Law Fails: History, Genius, and Unhealed Wounds after Tulsa's Race Riot; 3 Margins of Error; Part II: Miscarriages of Justice and Legal Processes; 4 Recovering the Craft of Policing: Wrongful Convictions, the War on Crime, and the Problem of Security; 5 Kalven and Zeisel in the Twenty-First Century: Is the Jury Still the Defendant's Friend?; 6 Extreme Punishment.

7 Miscarriages of Mercy?8 Memorializing Miscarriages of Justice: Clemency Petitions in the Killing State; Part III: Reconceptualizing Miscarriages of Justice; 9 Miscarriage of Justice as Misnomer; 10 The Scale of Injustice; Contributors; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; Q; R; S; T; U; V; W; X; Y; Z.

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is.

Print version record.

Reviews provided by Syndetics

Library Journal Review

Based on 200-plus exonerations in fewer than 20 years, this book argues that wrongful convictions are not an anomaly but rather the outcome of a legal system that commonly fails. Part of a series originating with Harvard Law School's Charles Hamilton Houston Institute for Race & Justice (CHHIRJ), these ten essays discuss legal system shortcomings, their basis, and possible ways that inherent mechanisms of the law contribute to injustice. Each essay delves into a different way of looking at the miscarriage of justice, be it legal, political, or cultural. Ogletree (Jesse Climenko Professor of Law & executive director, CHHIRJ, Harvard Law Sch.; From Lynch Mobs to the Killing State) and Sarat (William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst Coll.; Pain, Death, and the Law) have assembled an outstanding group of contributors for these original essays. Recommended for academic and large public libraries.-Krista Bush, Univ. of New Haven Lib., West Haven, CT (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

CHOICE Review

Ogletree (Harvard Law School) and Sarat (Amherst College) include some of the best contemporary scholars within the field of law and society in this collection that highlights numerous historical examples of law's failure to bring justice. The first part of the book addresses the meaning and significance of miscarriages of justice. The contributors go beyond mere definitions of justice, prescriptive or descriptive, and instead discuss whether the legal system itself is responsible for the frequency of injustice. Each "chapter" in this section uses various historical cases to demonstrate the likelihood of injustice and the possibility of future changes--not to the legal system but rather to the legal culture. Part 2 addresses miscarriages of justice due to the legal process itself. Much of this section focuses on issues surrounding capital punishment. Part 2 weighs more heavily on legal theory. The authors here delve quite deeply into the idea of justice as a misnomer and postmodern conceptions of justice. Justice and power are connected, providing an understanding of the literature surrounding jurisprudence studies. The detail of each contribution is nearly flawless, as is the analysis. This edited volume is a wonderful addition to the various fields within jurisprudence. Summing Up: Highly recommended. Lower-division undergraduate collections and above. A. R. S. Lorenz Ramapo College

Author notes provided by Syndetics

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy & Professor of Law, Jurisprudence, & Social Thought, Amherst College. <p> (Bowker Author Biography)

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