The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts between 2018-2020.  It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on important issues raised by international sports arbitration, and independent commentaries by academics and practitioners on the most important decisions of the CAS and national courts of the year, and in this particular case of the years 2018-2020. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

Sentencing is one of the fastest moving areas of law, with frequent legislative changes and hundreds of reported appellate decisions each year. The fourth edition of "Emmins on Sentencing" provides the most comprehensive coverage of modern sentencing law currently available. It offers a clear and authoritative guide to the sentences which are available to the courts and describes the powers of sentencing which can be used and how they are likely to be exercised in practice by the Crown Court or magistrates' courts.;Since the last edition much of sentencing law has been consolidated in the Powers of Criminal Courts (Sentencing) Act 2000, and "Emmins on Sentencing" has been completely rewritten to take account of all these changes. This edition also deals with important reforms in the Criminal Justice and Court Services Act 2000, including the introduction of exclusion orders, disqualification orders and drug abstinence orders. Numerous appellate decisions are explained and discussed in context, such as the developing case law on automatic life sentences, extended sentences, detention and training orders, victim impact evidence, and a range of new sentencing guideline decisions including drug offences, racially aggravated offences and handling stolen goods. The impact of the Human Rights Act 1998 on sentencing is explained, including the ramifications of Thompson and Venables v UK. The new Magistrates' Association Guidelines are also set out.

Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.

Homicide: Towards a Deeper Understanding offers an in-depth analysis into the phenomenon of homicide, examining different types of homicide and how these types have changed over time. Based on original analysis on Scottish data, this book draws upon an international body of research to contextualize the findings in a global setting, filling an important gap in the homicide literature pertaining to the relationship between trends in homicide and violence. Examining homicide from gendered as well as Gothic perspectives, this book also relates homicide to novel, critical theory. The book covers a thorough description of different types of homicide, including sexual homicide, and provides an explorative approach to the identification of homicide subtypes. The book also explores how these findings relate to current homicide theory, and proposes a new theoretical framework to gain a deeper understanding of this crime. The main argument of the book is that if homicide and its relationship to wider violence is to be fully understood, theoretically as well as empirically, this crime needs to be disaggregated in a way that reflects the underlying data. Overall, this book therefore fills an important gap in criminological literature, providing an in-depth understanding of one of the most serious violent crimes.

Addresses simple to advance microscopy techniques for the effective analyses of trace evidence Pairs chapters on a particular type of microscopy, explaining it fully, before delving into specific usage for forensic applications Presents theories and as well as the real-world applications outlining current standards and best practices Provides numerous micro-photographs from authors' and editors' collections, including graphical representations and flow charts to clearly illustrate concepts

Addresses simple to advance microscopy techniques for the effective analyses of trace evidence Pairs chapters on a particular type of microscopy, explaining it fully, before delving into specific usage for forensic applications Presents theories and as well as the real-world applications outlining current standards and best practices Provides numerous micro-photographs from authors' and editors' collections, including graphical representations and flow charts to clearly illustrate concepts

Law has a strangely complicated relationship to deception. Though it sometimes takes a hard line on behalf of truth - 'the truth, the whole truth, and nothing but the truth' - competing values often cause law to look the other way. How and why is lying alternately accepted, condemned, or prosecuted? What are the government's interests in allowing or disallowing lying? Law and Lies is the first book to thematically address the role of lying in the American legal system. Undercover police agents are permitted to lie in the name of catching criminals, and government officials are permitted to lie in service of national security. In the case of the military's 'Don't ask, don't tell' policy, lying was not only permitted, but actively encouraged. A range of illuminating case studies reveal that the government's tolerance of deception is rarely as simple as the 'whole truth'.

This book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.

This book exposes the myriad of victims of wrongful conviction by going beyond the innocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffer collaterally. In no way overlooking the egregious effects on the wrongfully convicted, this book widens the net to also examine consequences for family, friends, co-workers, witnesses, the initial victims of the crime, and society in general-all indirect victims who are often forgotten in treatments of wrongful conviction. Utilizing interviews of exonerees and indirect victims, the authors capture the tangible and intangible costs of victimization across the board. The prison experience is examined through the lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored. Special attention is given to the often-ignored experience of female exonerees and to the impact of race as a compounding factor in a vast number of miscarriages of justice. The book concludes with an overview of the victimization experiences that follow exonerees upon release. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appreciation of the far-reaching costs of wrongful convictions.

This book exposes the myriad of victims of wrongful conviction by going beyond the innocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffer collaterally. In no way overlooking the egregious effects on the wrongfully convicted, this book widens the net to also examine consequences for family, friends, co-workers, witnesses, the initial victims of the crime, and society in general-all indirect victims who are often forgotten in treatments of wrongful conviction. Utilizing interviews of exonerees and indirect victims, the authors capture the tangible and intangible costs of victimization across the board. The prison experience is examined through the lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored. Special attention is given to the often-ignored experience of female exonerees and to the impact of race as a compounding factor in a vast number of miscarriages of justice. The book concludes with an overview of the victimization experiences that follow exonerees upon release. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appreciation of the far-reaching costs of wrongful convictions.

The principle of proportionality is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court. The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism.

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

This book explores prisoners' experiences of prison education and investigates whether participation in prison education contributes to an offender's ability to desist from crime and increases social capital levels. While the link between prison education and reduced rates of recidivism is well established through research, far less is known about the relationship between prison education and desistance. The book demonstrates how prisoners experience many benefits from participating in prison education, including increased confidence, self-control and agency, along with various other cognitive changes. In addition, the book examines prisoners' accounts that provide evidence of strong connections between prison education and the formation of pro-social bonds which have been shown to play a role in the desistance process. It also highlights the links between prison education and social capital, and the existence of a form of prison-based social capital arising from the prison culture. Written in a clear and direct style, this book will appeal to those engaged in criminology, sociology, penology, desistance, rehabilitation, the sociology of education and all those interested in learning more about the positive impact of prison education on prisoners.

Scholarly exploration into how and why people stop offending (desistance from crime) has focused on the impact of internal and external factors in processes of desistance. Prior research has, in general, been undertaken within one nation and neglected the fact that desistance processes are situated within a broad social context which shapes an individual's perceptions and actions. This book begins to fill this gap by exploring how societies and cultures shape desistance processes and experiences. Desistance and Societies in Comparative Perspective offers findings from a cross-national comparative mixed-method study of desistance processes in England and Israel: two countries with different social-political systems and distinct cultural attributes. The study is the first of its kind in criminology, both in terms of its key objectives and the methods utilised. The findings uncover how social structures and cultures shape individual-level experience. In particular, the findings illustrate how external and internal mechanisms in desistance processes were 'oriented' in particular ways, in accordance with contextual factors. The book outlines five contextual factors which were key in shaping the dynamics of desistance across societies and cultures. These are: cultural scripts; social climates; shared values and norms; social interactions and encounters; and distinct cultural characteristics. These five factors provide a contextual framework within which to understand the role of cultures and social structures in shaping agency and experiences in processes of desistance, and with which to account for variances and similarities across societies and cultures. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about why and how people desist from crime.

Sexual offences pose severe violations of human rights that necessitate criminal law intervention in every democratic society. Using a holistic and integrated approach, this book examines sexual offenses through criminal law and criminal procedure within different jurisdictions. Impunity or lenient punishment enjoyed by perpetrators appears as a fundamental concern and contribute to low(er) reporting rates. Attrition, from the perspective of criminal law, is not only caused by issues in criminal procedure, like a lack of victim support or insufficient evidence, but is primarily linked to the definition of sexual offences which is hugely influenced by society, culture, and political power. Stereotypes that are deeply rooted in society in the form of common myths such as: victim of sexual offences are always female(s), or sexual offences take place outside of marriage, or that the victim has an obligation to manifest a resistance, or a woman accepting a gift by a man shows she consented to sexual acts and many others that are impediment to combatting sexual violence. These myths are not just maintained by society, but they also affect the victim's decision to seek justice, as well as the judiciary's approach to victims and the police's attitudes towards victims. Using cases and legislation from Croatia, Greece, Italy, North Macedonia, Romania, Serbia, and Turkey, and comparing them to United Kingdom, Germany, the Netherlands and the United States, this book presents peculiarities stemming from society, culture, politics, historical facts and even religion, along with solutions to the global problems of sexual offenses. This book is of interest to scholars studying criminal justice, legal studies, sociology, and cultural studies

This volume addresses major issues and research in corrections and sentencing with the goal of using previous research and findings as a platform for recommendations about future research, evaluation, and policy. The last several decades witnessed major policy changes in sentencing and corrections in the United States, as well as considerable research to identify the most effective strategies for addressing criminal behavior. These efforts included changes in sentencing that eliminated parole and imposed draconian sentences for violent and drug crimes. The federal government, followed by most states, implemented sentencing guidelines that greatly reduced the discretion of the courts to impose sentences. The results were a multifold increase in the numbers of individuals in jails and prisons and on community supervision-increases that have only recently crested. There were also efforts to engage prosecutors and the courts in diversion and oversight, including the development of prosecutorial diversion programs, as well as a variety of specialty courts. Penal reform has included efforts to understand the transitions from prison to the community, including federal-led efforts focused on reentry programming. Community corrections reforms have ranged from increased surveillance through drug testing, electronic monitoring, and in some cases, judicial oversight, to rehabilitative efforts driven by risk and needs assessment. More recently, the focus has included pretrial reform to reduce the number of people held in jail pending trial, efforts that have brought attention to the use of bail and its disproportionate impact on people of color and the poor. This collection of chapters from leading researchers addresses a wide array of the latest research in the field. A unique approach featuring responses to the original essays by active researchers spurs discussion and provides a foundation for developing directions for future research and policymaking.

Family Activism in the Aftermath of Fatal Violence explores how family and family activism work at the intersection of personal and public troubles and considers what influence family testimonies of fatal violence can have on matters of crime, justice, and punishment. The problem of fatal violence represents one end of a long continuum of violence that marks society, the effects of which endure in families and friends connected through ties of kinship, identity and social bonds. The aftermath of fatal violence can therefore be an intensely personal encounter which confronts families with disorder and uncertainty. Nevertheless, bereaved families are often found at the forefront of efforts to expose injustice, rouse public consciousness, and drive forward social change that seeks to prevent violence from happening again. This book draws upon ethnographic research with those bereaved by gun violence who became involved in family activism in the context of fatal violence: namely, the attempts by bereaved families to manage their experiences of violent death through public expressions of grief and become proxies for wider debates on social injustice. This is an ever more pressing issue in a landscape which increasingly sees the delegation of responsibility to families and communities that are left to deal with the aftermath of violence. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, cultural studies, and all those interested in learning more about the after-effects of fatal violence.

This book offers an assessment of Barbara Wootton's legacy as a pioneering public criminologist. Barbara Wootton (1897-1988) was a leading British social scientist, magistrate, academic and public servant. She was also a life peer (Baroness Wootton of Abinger) and the first woman to sit on the Woolsack in the House of Lords as Deputy Speaker. One of the Royal Commissions on which she served was on the Penal System, (1964) and two of the Departmental Committees were on the Business of the Criminal Courts (1958) and Criminal Statistics (1963). Of her written work perhaps the most famous is `Social Science and Social Pathology` (published in 1959) which was an attempt to discover what the social sciences had to say about criminality, its causes and its social effects. This book examines her career in historical context, and her contribution to thinking and scholarship on a range of topics. These topics range from the courts and the penal system and her report on the Community Service Order, to crime and criminal law and her analysis of the notions of mens rea, to her work on psychiatry and criminal justice. It explores her contribution as a utilitarian critic in Criminology, within the British empiricist tradition. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, criminal justice, law and all those interested in learning more about Barbara's life and times.

Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide.

This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future. Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children's rights across the globe.

In The Trial of Hissein Habre: The International Crimes of a Former Head of State, Emmanuel Guematcha recounts the trial of Hissein Habre, the former Head of State of Chad. Accused of committing crimes against humanity, war crimes, and torture while he ruled Chad between 1982 and 1990, he was tried and sentenced to life imprisonment in 2016 and 2017 by the African Extraordinary Chambers. Guematcha examines the process that led to this achievement in Africa, including the failed attempts to try Hissein Habre in the Senegalese, Chadian, and Belgian courts. Guematcha discusses the mobilization of victims and the involvement of non-governmental and international organizations. He describes the particularities of the Extraordinary African Chambers, discusses the establishment of Hissein Habre's criminal responsibility, and presents the trial through the testimonies of several victims, witnesses, and experts. These testimonies shed light on what it means for individuals to be subjected to international crimes. The author also questions the impact and significance of the trial in Africa and beyond.

John Hagedorn, who has long been an expert witness in gang-related court cases, claims that what transpires in the trials of gang members is a far cry from what we would consider justice. In Gangs on Trial, he recounts his decades of experience to show how stereotypes are used against gang members on trial and why that is harmful. Hagedorn uses real-life stories to explain how implicit bias often replaces evidence and how the demonization of gang members undermines fairness. Moreover, a "them and us" mentality leads to snap judgments that ignore the complexity of gang life in America. Gangs on Trial dispels myths about gangs and recommends tactics for lawyers, mitigation specialists, and expert witnesses as well as offering insights for jurors. Hagedorn describes how minds are subconsciously "primed" when a defendant is identified as a gang member, and discusses the "backfire effect," which occurs when jurors hear arguments that run counter to their beliefs. He also reveals how attributional errors, prejudice, and racism impact sentences of nonwhite defendants. Hagedorn argues that dehumanization is the psychological foundation of mass incarceration. Gangs on Trial advocates for practical sentencing reforms and humanizing justice.