This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.

This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency. The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU's trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU's incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.

Using Forensic DNA Evidence at Trial: A Case Study Approach covers the most common DNA analysis methods used in criminal trials today, including STR techniques, mitochondrial DNA, and Y-STRs. It presents some novel techniques-including familial testing and analyzing domestic animal hair-that have been recently introduced in unique cases, each of which is outlined in detail. It also illustrates special issues related to forensic DNA evidence by using court proceedings such as trials and appeals, commissions of inquiry, and government and laboratory reviews. With forensic DNA analysis becoming increasingly important at trial, the lively and sometimes bizarre cases presented in this book have been carefully chosen to highlight specific concepts, methods, and interpretations used in DNA analysis. Sections throughout examine the nature of expertise with a special focus on the role of subjectivity in the interpretation of forensic DNA evidence, emphasizing cognitive bias and extraneous context. Using both convictions and exonerations as examples, the book also discusses the strengths and limitations of DNA evidence and testing. The book is written in an accessible manner for the non-scientific reader, such that criminal lawyers, judges, and forensic experts will all understand the nature of analysis and application of DNA evidence in a variety of court cases. Extensive references-including notable trial proceedings, cross references of cases, and specific forensic statistics-round out the book and help to provide a complete understanding of forensic DNA analysis and its current usage in the courtroom.

In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.

In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China's legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China's newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China's deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China's domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China's most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

First published in 1962, Capital Punishment and British Politics illuminates the process of political decision-making in Britain by analysing the complex activities that led to the passage of a major piece of social legislation, the Homicide Act of 1957. His case study, based on dozens of interviews, reveals in detail the workings of British politics and assesses the impact of the clash of ideas and interests on governmental policy. After surveying the legal and historical antecedents of the controversy surrounding the Act, the author traces the development from the abortive attempt to abolish the death penalty under the Labour Government through the spectacular murder cases of the early fifties to the compromise legislation successfully launched by a Conservative Government. Throughout the book analysis is coupled with description, and the concluding chapter demonstrates how this single case contained in microcosm many of the basic elements and dilemmas of the British political process. This fascinating study will be of great interest to students of politics and social legislation everywhere.

First published in 1990, The Politics of Redress is a product of and commentary on significant developments in critical criminology. It shifts the emphasis from the criminologist as a police agent to a fighter for social justice. The author focuses on the role of punishment in society, in general, and in criminology, in particular, urging the reader to reimagine the concept of punishment, especially penal punishment. The arguments addressed in this book range from a comparative analysis of penal policies in various countries to philosophical debates about whether punishment is compatible with a just social order. With the Black Lives Matter movement, the topic of prison abolition has, once again, gripped society's conscience making this text a vital read for students of law, criminology, sociology, philosophy, and history.

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to 'encourage' mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further 'juridification' process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.

This essential handbook on international arbitration has been updated to include a new chapter on investment treaty arbitration, detailing the kind of investments which are covered by investment treaties, persons to whom investment treaties apply, the rights commonly provided under investment treaties, ICSID arbitration and commonly encountered issues and practical considerations. Other additions to the latest edition include: multi-tiered arbitration clauses, confidentiality, interim measures and consumer arbitration.

Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition , is a succinct, trusted guide to the law of capital punishment in the United States.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

This book explores the shortcomings of the criminal justice system's response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of 'rape myths' and the presence of an 'implementation gap' whereby policies, provisions and measures - proposed in order to improve the system's response - are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions.

The growing body of work on imprisonment, desistance and rehabilitation has mainly focused on policies and treatment programmes and how they are delivered. Experiencing Imprisonment reflects recent developments in research that focus on the active role of the offender in the process of justice. Bringing together experts from around the world and presenting a range of comparative critical research relating to key themes of the pains of imprisonment, stigma, power and vulnerability, this book explores the various ways in which offenders relate to the justice systems and how these relationships impact the nature and effectiveness of their efforts to reduce offending. Experiencing Imprisonment showcases cutting-edge international and comparative critical research on how imprisonment is experienced by those people living and working within imprisonment institutions in North America and Northern, Central and Eastern Europe, as well as Scandinavia. The research explores the subjective experience of imprisonment from the perspective of a variety of staff and prisoner groups, including juveniles, adult female and male prisoners, older prisoners, sex offenders, wrongfully convicted offenders and newly released prisoners. Offering a unique view of what it is like to be a prisoner or a prison officer, the chapters in this book argue for a prioritisation of understanding the subjective experiences of imprisonment as essential to developing effective and humane systems of punishment. This is essential reading for academics and students involved in the study of criminology, penology and the sociology of imprisonment. It will also be of interest to Criminal Justice practitioners and policymakers around the globe.

Social Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services, now in its third edition. Pollack and Kleinman present an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth examinations of the reasoning and implications of each decision. This new edition includes over twenty new cases, all of which happened between 2010 and 2014, making this one of the most significant and timely investigations of how social work and the law intersect. Special attention is paid to recent rulings in child welfare and social worker liability. The dissection and analysis of these influential cases makes this volume an excellent teaching tool and an essential resource for both social workers and policy makers.

Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.

Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.

A vexing problem in contract law is modification. Two parties sign a contract but before they fully perform, they modify the contract. Should courts enforce the modified agreement? A private remedy is for the parties to write a contract that is robust to hold-up or that makes the facts relevant to modification verifiable. Provisions accomplishing these ends are renegotiation-design and revelation mechanisms. But implementing them requires commitment power. Conventional contract technologies to ensure commitment - liquidated damages - are disfavored by courts and themselves subject to renegotiation. Smart contracts written on blockchain ledgers offer a solution. We explain the basic economics and legal relevance of these technologies, and we argue that they can implement liquidated damages without courts. We address the hurdles courts may impose to use of smart contracts on blockchain and show that sophisticated parties' ex ante commitment to them may lead courts to allow their use as pre-commitment devices.

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

- Clear and concise explanation of key principles, this is an ideal text for anyone taking the SQE1. - Includes practice questions in the text, and multiple choice questions online - together, the book will allow SQE candidates to practice the skills needed to pass the SQE exam. - One of a wider series of SQE1 textbooks.

This fully revised and updated second edition provides an indispensible guide to all those preparing to sit the National Admissions Test for Law (LNAT). Mastering the LNAT provides comprehensive guidance on both the multiple choice section and essay section of the test, as well as analysis of previous test results, details of the procedure for sitting the test and how the results are calculated and used. The book also includes five practice tests for students to work through, along with complete sets of answers and explanations and a range of sample essays and essay plans. Presented in an accessible and easy to understand format, Shepherd offers a practical, hands-on insight into what universities are looking for from candidates. It includes; an introduction to the test and the part it plays in the overall application process; guidance on preparing for the LNAT and an explanation of the ways that you can improve your approach to the test; a guide to approaching MCQs (including an analysis of different types of possible questions and techniques for verifying answers); a guide to approaching essay questions; five sample test papers; answers and explanations for all MCQs; sample essays and essay plans. Mastering the LNAT is essential reading for those students wanting to give themselves the best possible chance of securing a place at the University of their Choice.