Rachel Elise Barkow

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Books By Rachel Elise Barkow
The United States has the world’s highest rate of incarceration, a form of punishment that ruins lives and makes a return to prison more likely. As awful as that truth is for individuals and their families, its social consequences—recycling offenders through an overwhelmed criminal justice system, ever-mounting costs, unequal treatment before the law, and a growing class of permanently criminalized citizens—are even more devastating. With the authority of a prominent legal scholar and the practical insights gained through on-the-ground work on criminal justice reform, Rachel Barkow explains how dangerous it is to base criminal justice policy on the whims of the electorate, which puts judges, sheriffs, and politicians in office. Instead, she argues for an institutional shift toward data and expertise, following the model used to set food and workplace safety rules.
Barkow’s prescriptions are rooted in a thorough and refreshingly ideology-free cost–benefit analysis of how to cut mass incarceration while maintaining public safety. She points to specific policies that are deeply problematic on moral grounds and have failed to end the cycle of recidivism. Her concrete proposals draw on the best empirical information available to prevent crime and improve the reentry of former prisoners into society.
Prisoners of Politics aims to free criminal justice policy from the political arena, where it has repeatedly fallen prey to irrational fears and personal interest, and demonstrates that a few simple changes could make us all safer.
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From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.
Features:
- Retains prior edition’s principal cases and Notes and Questions approach to explain and probe fundamental concepts.
- Notes updated to incorporate contemporary cases and recent news touching on criminal law.
- Inclusion of additional preeminent cases in the field of criminal law, including:
- Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity)
- Rosamond v. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability)
- Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense).
- Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context.
- Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal la
Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are.
Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution.
Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna