This electronic journal focuses on criminal justice in the U.S. A recurring theme in all of our
articles is the inherent tension between the need to swiftly and effectively prosecute crimes and
the equally important need to protect the rights of all citizens. The presumption of innocence is
at the heart of the U.S. system. Any defendant is presumed innocent until proven guilty
beyond a reasonable doubt -- the standard for all criminal trials in the U.S.
As Professor James B. Jacobs documents in our opening article, the nation's criminal law
system has evolved significantly since the founding of the Republic. Jacobs, Warren E. Burger professor of law at New York University and director of its center for Research in Crime and Justice, explains the federal-state demarcation, criminal
procedure, and the system of sentencing and appeals. Importantly, he also documents how the
rights of Americans under the criminal justice system have expanded over the years,
particularly during the last century.
The U.S. criminal justice system is now perceived as fairer and more equitable than during earlier times, particularly concerning minorities and women. This is important in and
of itself. But as Tom Tyler, professor of psychology at New York University, substantiates, the
fact that Americans perceive the system as largely just and unbiased, and in accord with their
own values, helps to generate law-abiding behavior. Tyler discusses issues such as ethical
motivations in compliance with the law versus the less effective tool of deterrence.
During recent decades especially, numerous states have experimented with legal reforms
designed to make the criminal justice system more efficient and effective. One such reform is
the emergence of "community justice" -- various means of mediation between criminal and
victim. Dennis Maloney, director of Community Justice, a local government organization that
emphasizes crime prevention and collaboration in Deschutes County, Oregon, describes the
system as it exists in one jurisdiction in that Western state. He makes the case for the
innovation, while also acknowledging its flaws.
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| Four of the nine Scottsboro Boys with attorney Samuel Leibowitz in 1937. Their case led to two landmark U.S. Supreme Court decisions that enhanced fundamental rights for all Americans. AP Photo.
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In our case study for the journal, Contributing editor David Pitts looks at the story of the
Scottsboro Boys, the high profile legal case that began 70 years ago. The case is important in
civil rights history to be sure. But it also is significant in the history of American jurisprudence
because it led to two landmark U.S. Supreme Court decisions that enhanced fundamental rights
for all Americans. The Scottsboro Boys v. the state of Alabama dramatically illustrates
that rights under the U.S. system may be expanded not just as a result of changes in U.S.
criminal law, but also because of judicial review and constitutional oversight.
The journal concludes with a variety of reference resources -- books, articles and Internet
sites -- affording additional insights on U.S. criminal justice.