Christopher Slobogin - Böcker

It is hard enough in many cases simply figuring out whether a person has committed an antisocial act. It is harder still to determine the extent to which he or she intended the act, and why he or she committed it. And most difficult of all is divining whether a person will harm again. The law has increasingly turned to mental health professionals to help address these issues, particularly the last two. Because of their familiarity with and study of human behavior, psychiatrists, psychologists and other clinicians are thought to possess special expertise in assessing culpability and dangerousness. Members of these groups routinely furnish the courts with evaluations of insanity and other mental state at the time of the offense, and even more frequently proffer predictions about future behavior. Both culpability and dangerousness are exceedingly difficult to gauge; even mental health professionals well-versed in the behavioral sciences cannot claim a high degree of reliability in their efforts to address these issues. Though the current trend in evidence law is to demand a rigorous demonstration of scientific validity from expert witnesses, especially when those experts are mental health professionals proffered by the defense, this book argues that this is a mistake. Such a position undermines the fairness of the process and could quite possibly even diminish its reliability, given the defense's constitutional entitlement to tell its story and the inscrutability of past and future mental states. At the same time, Professor Slobogin proposes a number of ways the courts can ensure that experts provide the best possible information about ultimately unknowable past mental states and future behavior.

First established at the end of the 19th century, the juvenile justice system has long been searching for an effective set of guiding principles. Over the last hundred years, through a series of piecemeal rulings, it has undergone an evolution from its original foundation on the rehabilitation model to the current "get-tough" system that increasingly treats juvenile offenders as adults. At present, there is no overarching theory or model of juvenile justice intervention in this nation or even in any given state. Juvenile justice policy is best characterized as a helter-skelter array, inconsistent across jurisdictions, with no overarching theoretical framework providing guidance. Indeed, the field is desperately in need of a coherent model to serve as a guide to policymaking.In recent years, substantial gains have been made in the relevant knowledge on juveniles and offender treatment. We know more about the cognition and functioning of minors generally, and juvenile offenders specifically, as well as about how they respond to different types of interventions. Public attitudes have softened since the height of the "get-tough" era, and many policymakers are open to new ideas as they recognize that the current system just isn't effective. In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions, the science underlying the new perspective to be elucidated in the book and how that science informs the authors' perspectives. Most helpfully, they provide a detailed description of the proposed new model along with discussion of the procedural rules that should accompany its implementation, and articulation of the way in which the model would work in practice. For researchers and policymakers involved in juvenile justice, this book is a call to arms and a model for future developments.

Minding Justice offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. Using famous cases such as those of John Hinckley, Andrea Yates, and Theodore Kaczynski, the book analyzes the insanity defense and related doctrines, the role of mental disability in sentencing, the laws that authorize commitment of "sexual predators" and others thought to be a threat to society, and the rules that restrict participation of mentally compromised individuals in the criminal and treatment decision-making processes. Arguing that current legal doctrines are based on flawed premises and ignorance of the impairments caused by mental disability, Christopher Slobogin makes a case for revamping the insanity defense, abolishing the "guilty but mentally ill" verdict, prohibiting execution of people with mental disability, restructuring preventive detention, and redefining incompetency. A milestone in criminal mental health law, Minding Justice provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.

Rehabilitating Criminal Justice offers bold yet sensible proposals for reforming every major component of the US criminal justice system. The first third of the book explains how existing caselaw can be interpreted to end over-policing, better regulate interrogations, and replace the exclusionary rule with direct sanctions on officers and their departments. The second part of the book, on the post-arrest adjudication process, calls for replacing cash bail with validated risk assessments and proposes to reorient our error-prone, hyper-adversarial system by ending convictions via guilty pleas and giving judges more power over questioning of witnesses and the selection of experts. The final chapters show how the harshness of the system can be leavened by refocusing sentencing on prevention rather than retribution and by creating an independent criminal court system. They also explain why these reforms are preferable to the currently popular movement to defund police departments and abolish prisons.

Rehabilitating Criminal Justice offers bold yet sensible proposals for reforming every major component of the US criminal justice system. The first third of the book explains how existing caselaw can be interpreted to end over-policing, better regulate interrogations, and replace the exclusionary rule with direct sanctions on officers and their departments. The second part of the book, on the post-arrest adjudication process, calls for replacing cash bail with validated risk assessments and proposes to reorient our error-prone, hyper-adversarial system by ending convictions via guilty pleas and giving judges more power over questioning of witnesses and the selection of experts. The final chapters show how the harshness of the system can be leavened by refocusing sentencing on prevention rather than retribution and by creating an independent criminal court system. They also explain why these reforms are preferable to the currently popular movement to defund police departments and abolish prisons.

Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.

Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.

Tens of thousands of readers have relied on this leading text and practitioner reference--now revised and updated--to understand the issues the legal system most commonly asks mental health professionals to address. The volume demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. Presented are clinical and legal concepts and evidence-based assessment procedures pertaining to criminal and civil competencies, the insanity defense and related doctrines, sentencing, civil commitment, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and other justice-related areas. Case examples, exercises, and a glossary facilitate learning; 19 sample reports illustrate how to conduct and write up thorough, legally admissible evaluations.New to This Edition*Extensively revised to reflect important legal, empirical, and clinical developments.*Increased attention to medical and neuroscientific research.*New protocols relevant to competence, risk assessment, child custody, and mental injury evaluations.*Updates on insanity, sentencing, civil commitment, the Americans with Disabilities Act, Social Security, juvenile and family law, and the admissibility of expert testimony.*Material on immigration law (including a sample report) and international law.*New and revised sample reports.

This definitive text and practitioner resource--now in a revised and updated fifth edition reflecting significant developments in the field--comprehensively reviews the legal issues that mental health professionals are most frequently asked to address. The volume demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. It describes and analyzes legal and clinical concepts and evidence-based assessment procedures pertaining to evaluations of criminal and civil competencies; mental state defenses; sentencing; civil commitment; workers compensation and mental injury claims; federal education, social security, immigration and antidiscrimination laws; child welfare and custody decisions; juvenile justice; and other contexts. Case examples, exercises, and a glossary of legal and clinical terms facilitate learning; 19 sample reports with commentary illustrate how to write up thorough, legally admissible evaluations.New to This EditionUpdated empirical research on competency, interrogation practices, risk assessment, the effects of divorce on children, neurological and developmental science, and more.Recent court rulings, evidentiary rules, and regulatory shifts.Increased attention to race, culture, and culturally competent practice.New topics: the rise of remote evaluations, debates over recording evaluations, the trend toward privatization of forensic services, the use of social media data in investigations, implications of artificial intelligence for forensic practice, the “competency crisis,†substance abuse commitment, and the Relevancy-Focused report format (including a new sample report), and more.

Choice Outstanding Academic Title 2023 A close look at innovations in policing and the law that should govern themA host of technologies—among them digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques. It then lays out a framework for regulating their use that expands the Fourth Amendment's privacy protections without blindly imposing its warrant requirement, and that prioritizes democratic over judicial policymaking. The coherent regulatory regime developed in Virtual Searches ensures that police are held accountable for their use of technology without denying them the increased efficiency it provides in their efforts to protect the public. Whether policing agencies are pursuing an identified suspect, constructing profiles of likely perpetrators, trying to find matches with crime scene evidence, collecting data to help with these tasks, or using private companies to do so, Virtual Searches provides a template for ensuring their actions are constitutionally legitimate and responsive to the polity.

Choice Outstanding Academic Title 2023 A close look at innovations in policing and the law that should govern themA host of technologies—among them digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques. It then lays out a framework for regulating their use that expands the Fourth Amendment's privacy protections without blindly imposing its warrant requirement, and that prioritizes democratic over judicial policymaking. The coherent regulatory regime developed in Virtual Searches ensures that police are held accountable for their use of technology without denying them the increased efficiency it provides in their efforts to protect the public. Whether policing agencies are pursuing an identified suspect, constructing profiles of likely perpetrators, trying to find matches with crime scene evidence, collecting data to help with these tasks, or using private companies to do so, Virtual Searches provides a template for ensuring their actions are constitutionally legitimate and responsive to the polity.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include:A clear and engaging writing style, with key terms defined and relevant examples providedAn examination of the competing goals and values that have influenced doctrineCoverage of all key Supreme Court cases as well as important federal and state statutes and rulesEmpirical studies examining the realities of the criminal processA logical flow design in each chapter to facilitate analysis of every significant criminal procedure issueThis Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.