Commonsense Justice

Norman J. Finkel explores the relationship between the law on the books, as set down in the Constitution and developed in cases and decisions, and what he calls commonsense justice, the ordinary citizen's notions of what is just and fair.

Drawing on his own experience teaching diverse grades and subjects, Kevin Kumashiro examines aspects of teaching and learning toward social justice, and suggests concrete implications for K-12 teachers and teacher educators.

What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.

Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.

On November 14, 1885, a cold autumn day in the City of Broad Shoulders, an enthusiastic crowd of several hundred watched as three Sicilians Giovanni Azari, Agostino Gelardi, and Ignazio Silvestri were hanged in the courtyard of the Cook County Jail. The three had only recently come to the city, but not long after they were arrested, tried, and convicted for murdering Filippo Caruso, stuffing his body into a trunk, and shipping it to Pittsburgh. Historian and legal expert Elizabeth Dale brings the Trunk Murder case vividly back to life, painting an indelible portrait of nineteenth-century Chicago, ethnic life there, and a murder trial gone seriously awry. Along the way she reveals a Windy City teeming with street peddlers, crooked cops, earnest reformers, and legal activists--all of whom play a part in this gripping tale. Chicago's Trunk Murder shows how the defendants in the case were arrested on du bious evidence and held, some for weeks, without access to lawyers or friends. The accused finally confessed after being interrogated repeatedly by men who did not speak their lan guage. They were then tried before a judge who had his own view and ruled accordingly. Chicago's Trunk Murder revisits these abject breaches of justice and uses them to consider much larger problems in late nineteenth century criminal law. Written with a storyteller's flair for narrative and brim ming with historical detail, this book will be must reading for true crime buffs and aficionados of Chicago lore alike.

This key volume explores the relationship between cultural justice and sexual justice in multicultural societies in a new light. The authors challenge the framing of ‘feminism and multiculturalism’ as one of inevitable conflict, as well as the portrayal of liberal sexual equality and cultural rights as irreconcilable, moving the debate beyond the culture/gender impasse. Focusing on three theoretical themes from a feminist perspective: the meaning and role of culture and identity in politics the problem of autonomy in relation to culture and identity the crucial role of democracy in addressing the theoretical and practical problems raised by this set of issues. The diverse contributors break new theoretical ground by providing detailed engagement with the concrete experiences of women and minorities who are caught in the dilemmas of gender and cultural justice. The collected chapters address sexual/cultural justice in a range of different countries, offering illuminating case studies on Britain, South Africa, Canada, the Netherlands, Australia, Mexico, and the United States. Sexual Justice / Cultural Justice will be of strong interest to students and researchers working in the areas of gender and feminist theory, politics, law, philosophy and sociology.

Discover the incredible story of a young daughter of immigrants who would grow up to be the first woman, first Black person, and first South Asian American ever elected Vice President of the United States in this moving picture book biography of Kamala Harris. When Kamala Harris was young, she often accompanied her parents to civil rights marches—so many, in fact, that when her mother asked a frustrated Kamala what she wanted, the young girl responded with: “Freedom!” As Kamala grew from a small girl in Oakland to a senator running for president, it was this long-fostered belief in freedom and justice for all people that shaped her into the inspiring figure she is today. From fighting for the use of a soccer field in middle school to fighting for the people of her home state in Congress, Senator Harris used her voice to speak up for what she believed in and for those who were otherwise unheard. And now this dedication has led her all the way to being elected Vice President of the United States. Told in Nikki Grimes's stunning verse and featuring gorgeous illustrations by Laura Freeman, this picture book biography brings to life a story that shows all young people that the American dream can belong to all of us if we fight for one another.