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history of criminal justice in Michigan

While browsing the second floor reference books today, I stumbled upon this amazing book, History of Michigan Law, which is a collection of articles on various aspects of Michigan law. The chapter on the history of criminal justice in Michigan was enlightening in the following ways:

  • substantitive law (list of crimes and punishements) [links to current MI penal code] has not changed much since the 1800's; although many new crimes have been added and amended, most crimes remain unclear, and are left to the courts to interpret. A "model penal code" was attempted a couple times, and failed.
  • Michigan was the first English-speaking government to ban the death penalty. wow.
  • Michigan gave poor criminals the right to a defense and appeal before the U.S. Surpreme Court did.
  • In 2001, our indigent defense system was ranked 49th in the nation (=bad).
  • Around the eighties, we had very severe minimum mandatory sentencing laws.
  • In 2004, we followed the U.S. Supreme Court by adopting the "good faith exception" to the exclusionary rule; which gives police a certain exception when illegally searching and seizing. (interesting point to remember: States can give citizens more rights than the U.S. Constitution, but not less.)

In sum, the author described this history as a constant "balancing act," between preventing and punishing crime, and giving criminals and alleged criminals fair treatment. It is social, legal, and political.

book

The History of Michigan Law
0821416618


history of criminal justice in Michigan

(Books, Government, History, Law, Nonfiction, Reference) Permanent link

While browsing the second floor reference books today, I stumbled upon this amazing book, History of Michigan Law, which is a collection of articles on various aspects of Michigan law. The chapter on the history of criminal justice in Michigan was enlightening in the following ways:

  • substantitive law (list of crimes and punishements) [links to current MI penal code] has not changed much since the 1800's; although many new crimes have been added and amended, most crimes remain unclear, and are left to the courts to interpret. A "model penal code" was attempted a couple times, and failed.
  • Michigan was the first English-speaking government to ban the death penalty. wow.
  • Michigan gave poor criminals the right to a defense and appeal before the U.S. Surpreme Court did.
  • In 2001, our indigent defense system was ranked 49th in the nation (=bad).
  • Around the eighties, we had very severe minimum mandatory sentencing laws.
  • In 2004, we followed the U.S. Supreme Court by adopting the "good faith exception" to the exclusionary rule; which gives police a certain exception when illegally searching and seizing. (interesting point to remember: States can give citizens more rights than the U.S. Constitution, but not less.)

In sum, the author described this history as a constant "balancing act," between preventing and punishing crime, and giving criminals and alleged criminals fair treatment. It is social, legal, and political.

book

The History of Michigan Law
0821416618

Posted by Matt Smith at 04/12/2011 03:07:23 PM