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| Preface | |
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| Introduction | |
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| Systemic Issues | |
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| Are U.S. Crime Problems a Result of Our Failure to Get Tough on Crime? | |
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| Yes: from Thinking About Crime (First Vintage Books Edition, 1985) | |
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| No: from The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice, 7th ed. (Pearson, 2004) | |
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| Does the United States Have a Right to Torture Suspected Terrorists? | |
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| Yes: from "The Lesser of Two Evils? An Argument for Judicially Sanctioned Torture in a Post-9/11 World," Thomas Jefferson Law Review (Spring 2004) | |
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| No: from "Leading by Example? U.S. Interrogation of Prisoners in the War on Terror," Criminal Justice Ethics (Winter 2004) | |
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| Should Serious Sex Offenders Be Castrated? | |
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| Yes: from "The Case for Castration," Texas Monthly (May 1992) | |
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| No: from "Castration as an Alternative to Incarceration: An Impotent Approach to the Punishmnent of Sex Offenders," The Northern Illinois University Law Review (Fall 1994) | |
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| Will Strict Gun Control Laws Reduce the Number of Homicides in the United States? | |
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| Yes: from "Firearms, Violence, and the Potential Impact of Firearms Control," The Journal of Law, Medicine & Ethics (Spring 2004) | |
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| No: from "The Production of Criminal Violence in America: Is Strict Gun Control the Solution?" The Journal of Law, Medicine & Ethics (Spring 2004) | |
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| Legal Issues | |
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| Should the United States Abolish the Exclusionary Rule of Evidence in Criminal Cases? | |
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| Yes: from "Against Exclusion (Except to Protect Truth or Prevent Privacy Violations)," Harvard Journal of Law and Public Policy (Winter 1997) | |
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| No: from "In Defense of the Search and Seizure Exclusionary Rule," Harvard Journal of Law and Public Policy (Winter 2003) | |
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| Is "Black Rage" a Legitimate Defense in Criminal Proceedings? | |
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| Yes: from Black Rage Confronts the Law (NYU Press, 1997) | |
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| No: from The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility (Little, Brown and Company, 1994) | |
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| Should U.S. Courts Abandon the Miranda Rule? | |
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| Yes: from "Miranda's 'Negligible' Effect on Law Enforcement: Some Skeptical Observations," Harvard Journal of Law and Public Policy (Winter 1997) | |
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| No: from "Bashing Miranda Is Unjustified-and Harmful," Harvard Journal of Law and Public Policy (Winter 1997) | |
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| Should a Judge Be Permitted to Admit Evidence About an Alleged Rape Victim's History as a Prostitute? | |
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| Yes: from Opinion, Commonwealth v. Richard Harris, Supreme Judicial Court of Massachusetts (March 24, 2005) | |
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| No: from Dissenting Opinion, Commonwealth v. Richard Harris, Supreme Judicial Court of Massachusetts (March 24, 2005) | |
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| Processional Issues | |
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| Should the United States Abolish Plea Bargaining in Criminal Cases? | |
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| Yes: from "Abolishing Plea Bargaining: An End to the Same Old Song and Dance," American Journal of Criminal Law (Summer 1999) | |
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| No: from "Should We Really Ban Plea Bargaining? The Core Concerns of Plea Bargaining Critics," Emory Law Journal (Spring 1998) | |
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| Should the United States Abolish the Juvenile Court Systems? | |
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| Yes: from "Abolish the Juvenile Court: Youthfulness, Criminal Responsibility, and Sentencing Policy," Journal of Criminal Law & Criminology (Fall 1997) | |
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| No: from "Justice for Children: How Do We Get There?" Journal of Criminal Law & Criminology (Fall 1997) | |
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| Should Cameras Be Allowed Inside U.S. Courtrooms? | |
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| Yes: from "Courtroom Cameras," Notre Dame Law Review (May 1997) | |
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| No: from "Judicial Conference Nixes Cameras in Courtrooms," Defense Counsel Journal (September 6, 2000) | |
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| Do "Three Strikes" Sentencing Laws Help to Reduce Serious Crime? | |
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| Yes: from "The Deterrent Effect of Three Strikes Law," FBI Law Enforcement Bulletin (April 1999) | |
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| No: from "Three Strikes Laws," Human Rights (Spring 2002) | |
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| Punishment | |
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| Does Confining Sex Offenders Indefinitely in Mental Hospitals After They Have Served Their Prison Sentences Violate the Constitution? | |
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| Yes: from Dissenting Opinion, Kansas v. Hendricks, U.S. Supreme Court (1997) | |
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| No: from Opinion, Kansas v. Hendricks, U.S. Supreme Court (1997) | |
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| Should Homosexual Prison Inmates Have a Right to Share the Same Cell? | |
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| Yes: from "Veney v. Wyche: Not in My Cell-The Constitutionality of Segregating Prisoners Based on Their Sexual Orientation," Law & Sexuality (2003) | |
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| No: from Opinion, Veney v. Wyche, Fourth Circuit U.S. Court of Appeals (2002) | |
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| Are Supermax (Control Unit) Prisons an Appropriate Way to Punish Hardened Criminals? | |
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| Yes: from "To The Max," Corrections Today (February 1998) | |
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| No: from "Supermax Prisons: Panacea or Desperation?" Corrections Management Quarterly (Spring 1999) | |
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| Should Private "For Profit" Corporations Be Allowed to Run U.S. Prisons? | |
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| Yes: from "Low Cost, High Quality, Good Fit: Why Not Privatization?" in Gary W. Bowman, Simon Hakim, and Paul Seidenstat, eds., Privatizing Correctional Institutions (Transaction Publishers, 1993) | |
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| No: from "The Problem of Prison Privatization: The U.S. Experience," in Andrew Coyle, Allison Campbell, and Rodney Newfeld, eds., Capitalist Punishment: Prison Privatization & Human Rights (Clarity Press, 2003) | |
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| Social Justice Issues | |
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| Is the Death Penalty an Unacceptable Punishment for Juveniles? | |
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| Yes: from Opinion, Roper v. Simmons, U.S. Supreme Court (2005) | |
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| No: from Dissenting Opinion, Roper v. Simmons, U.S. Supreme Court (2005) | |
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| Should Law Enforcement Agencies Use Affirmative Action Programs to Increase the Number of Minority Police Officers? | |
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| Yes: from "Beyond Affirmative Action, Police Response to a Changing Society," Journal of California Law Enforcement (vol. 33, no. 2, 1999) | |
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| No: from "How Racial P.C. Corrupted the LAPD," The American Enterprise (June 2005) | |
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| Are Female Police Officers as Effective as Male Officers? | |
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| Yes: from "Are Women Better Cops?" Time (February 17, 1992) | |
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| No: from "Cops and Gender P.C.," The American Enterprise (June 2005) | |
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| Do Crack Cocaine Laws Discriminate Against African-Americans and Other Minority Groups? | |
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| Yes: from "Race and Class Penalties in Crack Cocaine Sentencing," The Sentencing Project (2002) | |
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| No: from "The State, Criminal Law, and Racial Discrimination: A Comment," Harvard Law Review (April 1994) | |
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| Contributors | |
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| Index | |