Trial preparation is a process that often commences immediately after the close of pleadings. It involves what may be categorised as: external procedural steps directed at the opposing litigant or third parties, such as requesting further particulars and replying to requests, making discovery and subpoenaing witnesses; internal acts of preparation, such as identifying the issues in a matter, determining the witnesses required to be called, preparing to lead and cross-examine witnesses and undertaking research on law. An extensive range of the steps to be taken are dealt with in this book. Where they involve matters of procedural and related law, the basic principles are set out and practical advice is given to assist in deciding when and how to use these legal procedures. Practical steps to prepare for trial are also dealt with in a manner that can be readily understood. To explain abstract concepts, several examples of pleadings in different types of actions (in an appendix) are used as illustrations.

Children's rights and human development is a new and uncharted domain in human rights and psychology research. This multidisciplinary children's rights reader is a first attempt to introduce this domain to students and researchers of children's rights, child development, child maltreatment, family and child studies, and related fields. For many lawyers, children's rights are limited to their legal dimension: the norms and institutions of international human rights law, often with an exclusive focus on the Convention on the Rights of the Child and its monitoring treaty body, the Committee on the Rights of the Child. However, there are three more dimensions to children's rights. Children's rights share a moral and a political dimension with all human rights, which most non-international lawyers all too often overlook. And children's rights have a fourth dimension: the time dimension of child and human development. This time dimension is multidisciplinary in itself. Human development begins nine months before childbirth. When we are four years of age, our brain is 90% adult size. The infrastructure of our personality, health, and resilience is formed in our first years of life, determined by the quality and sheer quantity of parent-child interaction and secure attachment formation. Yet, more than one third of children are not securely attached. According to research published in The Lancet in 2009, one in ten children in high income countries is maltreated. Violence against children is a worldwide plague. Socio-economic and socio-emotional deprivation are still transmitted from generation to generation in both rich and poor states. Investing in early childhood development, positive parenting, and child rights education makes sense. This book brings together substantial and fascinating texts from many fields and disciplines that illustrate and elaborate this point. Arranged in ten chapters titled according to pertinent child rights principles and concepts, these texts offer a state-of-the-art view of the enormous progress made in the past decades in several fields of human knowledge. In between these texts, several news and factual items inform the reader on the huge gap that still exists between what we know and what we do to make this world a better place for children, to promote human development, and to protect human rights better. Child rights violations are still met with more rhetoric than leadership. But change is on its way. The book's contents may be used both as background readings and as tasks for group discussion in problem-based learning or other educational settings in child rights law and psychology courses. It is also aimed at a broader academic and public audience interested in the many aspects and ramifications of children's rights and human development.

Analyzing sex offense laws and false claims, this book shows that laws based on vengeance rather than justice or evidence create new forms of harm while failing to address the real and pervasive problem of sexual violence. In this timely and extensively researched book, sociologist Emily Horowitz shows how current sex offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable. From Rage to Reason offers a new perspective on how and why false claims about sex offenses became so pervasive and how these myths fostered ineffective policies that have little to do with the reality of most sexual abuse. It argues that to truly prevent sexual abuse, we must unearth the sources of these misunderstandings, debunk these claims in a systematic way, and have frank and genuine discussions about the limits of legal responses to complex social problems. Analyzes the human impact of retributive justice Assesses the indirect harm caused by sex offense policies Offers new insight into the lived experiences of those convicted of sex offenses Considers how sex offense laws and regulations create new forms of violence Critiques the extent to which social problems can be addressed via the criminal justice system

This second edition collection of Legal Letters written by Attorney Andrew Agatston to Children's Advocacy Centers, child advocates and detectives builds upon the 2009 book, "The Legal Eagles of Children's Advocacy Centers: A Lawyer's Guide to Soaring in the Courtroom." It is critical for Children's Advocacy Center professionals, and others who work on behalf of children who have alleged sexual abuse, to have a thorough understanding of the legal system and the legal rules and requirements that directly affect their professional responsibilities. This book is a second collection of Legal Letters that Mr. Agatston has written to his "Legal Eagles" as part of his weekly List Serv that now has subscribers in 35 states.

The clergy abuse scandal has posed the greatest threat to the traditional understanding of the Catholic priesthood since the Protestant Reformation. Now, as then, the deadliest attacks are coming from within the Church. In an attempt to improve a system that allowed a small minority of the clergy to violate children and ameliorate the gross negligence of some bishops who recycled these predators, the American bishops instituted the Charter for the Protection of Children and Young People in 2002. It is, unfortunately, doing the Church more harm than good.

In Hope Springs Eternal in the Priestly Breast, Fr. James Valladares shows how justice and charity have been violated by some bishops in dealing with accused priests. He examines the pertinent canons that guide the Church's judicial system and finds that these are often ignored or wrongly applied. He provides true cases that highlight the injustice of the process and the agony of priests who have been subjected to the charter's draconian mandates.

The Church has incurred tremendous financial losses because of settlements rising from both legitimate and false claims. Her image has been marred by the secular media, which has taken advantage of the crisis. Even so, we often fail to understand how trivial these are in comparison to the damage done to the priesthood by the enactment of the charter's policies. This is the most pressing issue that the bishops need to address.

This second edition collection of Legal Letters written by Attorney Andrew Agatston to Children's Advocacy Centers, child advocates and detectives builds upon the 2009 book, "The Legal Eagles of Children's Advocacy Centers: A Lawyer's Guide to Soaring in the Courtroom." It is critical for Children's Advocacy Center professionals, and others who work on behalf of children who have alleged sexual abuse, to have a thorough understanding of the legal system and the legal rules and requirements that directly affect their professional responsibilities. This book is a second collection of Legal Letters that Mr. Agatston has written to his "Legal Eagles" as part of his weekly List Serv that now has subscribers in 35 states.

Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

This volume provides an authoritative, evenhanded overview of the Trump administration's family separation and child detention policies at the U.S.-Mexico border-and the impact of those policies and actions on children, their parents, border security, and U.S. politics. The 21st Century Turning Points series is a one-stop resource for understanding the people and events changing America today. Each volume provides readers with a clear, authoritative, and unbiased understanding of a single issue or event that is driving national debate about our nation's leaders, institutions, values, and priorities. This particular volume is devoted to the issue of child migrant detention on the U.S.-Mexico border. It provides background information on the political, social, and economic forces driving undocumented immigration into America; explains the policies and records of both the Obama and Trump administrations on immigration, deportation, and border security; summarizes current laws and regulations governing U.S. border and immigration policies; recounts President Trump's rhetoric and record on both legal and "illegal" immigration, including his promise to build a "Border Wall" with funds from Mexico; surveys living conditions in the border detention centers operated by U.S. authorities; and discusses the impact of detention and family separation on children taken into custody. Entries devoted to specific events and milestones Biographical profiles of important activists and figures Essays that explore the lasting impact of child detention on migrant children, their families, immigration trends, and American politics and society Annotated bibliography of sources for further study

This work deals with the real practicalities of getting results in the Magistrates' Court. It looks at who's who at court, and who holds what information, where forms are kept and how to fill them in. This new edition contains practical guidance which until now has been hard to find in other publications for example: how to get bail; how to argue for separate representation; what you should be looking for in disclosure; and a digest of jargon and shorthand used by the police, CPS and court staff.

Over the past decade, the European Union and national policy-makers alike have paid more attention to childhood poverty and children's rights. Whether this has led to better policies, and whether these policies have in turn resulted in less childhood poverty and more human dignity, remains debatable. Children's rights may provide some common ground for the different perspectives on the causes of poverty. They also introduce specific process requirements, in particular the participation of the poor. At the same time, children's rights may gain from an encounter with child poverty studies, not least in grasping the complexity of child poverty and in making a realistic assessment of their own potential for addressing child poverty. This book introduces several approaches in the field of child poverty and children's rights studies, and identifies intersections between different theoretical approaches from both domains. It is a collaborative project of Centrum OASeS and the UNICEF Chair in Children's Rights, both located at the University of Antwerp. The Chair, established in 2007, acts as a knowledge broker of children's rights within the academic community and between the academic community and policy and practice, through teaching, research, and service to the community. The research topics of the Centrum OASeS include poverty and other forms of social exclusion, ethnic minorities, urban policy, social economy and supported employment, and social networks.

- The only book providing a one-stop solution for students preparing for the SQE2 examination in advocacy. Structure, content and language designed to meet the requirements of the SQE2. - Written by an author involved in the planning and development of the SQE - essentially an insider. - Rich pedagogy will suit non-law graduates as well as law graduates. Interactive features will give students the opportunity to practice before taking their SQE2 assessments.

The removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents' overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being "unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them." This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

- The only book providing a one-stop solution for students preparing for the SQE2 examination in advocacy. Structure, content and language designed to meet the requirements of the SQE2. - Written by an author involved in the planning and development of the SQE - essentially an insider. - Rich pedagogy will suit non-law graduates as well as law graduates. Interactive features will give students the opportunity to practice before taking their SQE2 assessments.

'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. The author has taught advocacy in over 20 countries and recognises that the challenges of advocacy throughout the world are much the same. This accessible book is intended to give you essential knowledge, tips, confidence and support. 'Advocacy: A Practical' provides you with techniques with which, by practice and experience, you can refine your skills. The book shows you how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It will also show you how to succeed in Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches. There is also a section on Written Advocacy which teaches you to write persuasively and how to draft submissions and effective skeleton arguments. Finally, the book is full of stories and examples of skilful advocacy. It looks at the great advocates; their methods and approaches to winning cases and what made them stand out from the rest. This book is based on civil advocacy and arbitration, although patent attorneys and criminal practitioners will also find it valuable. International lawyers will also find the book helpful, providing as it does a better understanding of common law practices such as cross-examination.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles-either as entirely sexless beings or victims or objects of harmful adult sexual conduct-so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment. The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

This study on cross cultural perspectives in child advocacy deals with various topics, including support for children's issues, the factors that influence reporting of suspected child abuse and child advocacy's application to education professionals. The study looks at issues from around the world.

Human rights tend to focus on the relationship between the individual and the state the individual is the rights-holder, the state is the duty-holder. Children's rights bring a third player much more into the picture, namely the parents. Although, legally speaking, they are not duty-holders under the UN Convention on the Rights of the Child, parents do have a number of responsibilities under the Convention on the Rights of the Child and other human rights instruments. Child rearing may still be considered by many to be within the private domain, i.e. a matter of concern only within the relationship between children and their parents, with the exception of instances of child abuse or neglect. However, States may be obligated to turn parental responsibilities into national legal duties if this is needed to improve the legal and social position of children. In this volume, child-rearing responsibilities are examined in the light of children's rights and other human rights. All the contributions focus in particular on the proposal to introduce an upbringing (or parenting) pledge. The upbringing pledge contains not only a statement of lasting commitment towards the child, but also an explicit declaration of commitment to respect and promote the rights of the child both as a person and as a human being who is utterly dependent upon parents for wellbeing and the development of his or her personality. By means of the upbringing pledge as a child rights-based social institution, the responsibilities of society and the state towards both parents and children are re-affirmed as well.

"Baby safe haven" laws, which allow a parent to relinquish a newborn baby legally and anonymously at a specified institutional location-such as a hospital or fire station-were established in every state between 1999 and 2009. Promoted during a time of heated public debate over policies on abortion, sex education, teen pregnancy, adoption, welfare, immigrant reproduction, and child abuse, safe haven laws were passed by the majority of states with little contest. These laws were thought to offer a solution to the consequences of unwanted pregnancies: mothers would no longer be burdened with children they could not care for, and newborn babies would no longer be abandoned in dumpsters. Yet while these laws are well meaning, they ignore the real problem: some women lack key social and economic supports that mothers need to raise children. Safe haven laws do little to help disadvantaged women. Instead, advocates of safe haven laws target teenagers, women of color, and poor women with safe haven information and see relinquishing custody of their newborns as an act of maternal love. Disadvantaged women are preemptively judged as "bad" mothers whose babies would be better off without them. Laury Oaks argues that the labeling of certain kinds of women as potential "bad" mothers who should consider anonymously giving up their newborns for adoption into a "loving" home should best be understood as an issue of reproductive justice. Safe haven discourses promote narrow images of who deserves to be a mother and reflect restrictive views on how we should treat women experiencing unwanted pregnancy.

A new installment of the series of Interviews with Global Leaders in Policing, Courts, and Prisons, this book expands upon the criminal justice coverage of earlier volumes, offering the voices of 14 lawyers from 13 diverse locales, including countries in Africa, North America, South America, Europe, and the Asia-Pacific region. This book is intended for students and others focusing on law and legal studies, policing, psychology and law, criminology, justice studies, public policy, and for all those interested in the front lines of legal change around the world. Featuring versatile chapters perfect for individual use or as part of a collection, this volume offers a personal approach to the legal world for students and experienced professionals.

This volume of the Research in Global Child Advocacy Series explores participatory methodologies and tools that involve children in research. Perspectives on the role of children have transitioned from viewing children as objects of research, to children as subjects of research, to acknowledgement of children as competent contributors and agents throughout the inquiry process. Researchers continue to explore approaches that honor the capacity of children, drawing on diverse methodologies to elevate children's voices and actively engage them in the production of knowledge. Nonetheless, despite these developments, questions over the extent to which children can be free of adult filters and influence merits sustained scholarly attention. The book includes chapters that critically examine methodological approaches that empower children in the research process. Contributions include empirical or practitioner pieces that operate from an empowerment paradigm and demonstrate the agenic capacity of children to contribute their perspectives and voices to our understanding of childhood and children's lives. The text also features conceptual pieces that challenge existing theoretical frameworks, critique research paradigms, and analyze dilemmas or tensions related to ethics, policy and power relations in the research process.