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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
Criminal proceedings, it is often now said, ought to be conducted
with integrity. But what, exactly, does it mean for criminal
process to have, or to lack, 'integrity'? Is integrity in this
sense merely an aspirational normative ideal, with possibly diffuse
influence on conceptions of professional responsibility? Or is it
also a juridical concept with robust institutional purchase and
enforceable practical consequences in criminal litigation? The 16
new essays contained in this collection, written by prominent legal
scholars and criminologists from Australia, Hong Kong, the UK and
the USA, engage systematically with - and seek to generate further
debate about - the theoretical and practical significance of
'integrity' at all stages of the criminal process. Reflecting the
flexibility and scope of a putative 'integrity principle', the
essays range widely over many of the most hotly contested issues in
contemporary criminal justice theory, policy and practice,
including: the ethics of police investigations, charging practice
and discretionary enforcement; prosecutorial independence, policy
and operational decision-making; plea bargaining; the perils of
witness coaching and accomplice testimony; expert evidence;
doctrines of admissibility and abuse of process; lay participation
in criminal adjudication; the role of remorse in criminal trials;
the ethics of appellate judgment writing; innocence projects; and
state compensation for miscarriages of justice.
In EU consumer law, the rise of Article 47 of the EU Charter of
Fundamental Rights - which guarantees the right to an effective
remedy and a fair trial - over the past decade has coincided with a
wave of crisis-induced litigation. Courts were confronted with
large numbers of cases against overindebted consumers. This has
prompted many questions on the need for effective judicial
protection, for instance in mortgage enforcement and order for
payment procedures. This book provides a unique perspective on the
role of civil courts at the crossroads of EU fundamental rights,
consumer law and access to justice. It examines how the Court of
Justice of the European Union, as well as civil courts in Spain and
the Netherlands, refer to Article 47 in unfair terms cases, where
procedural obstacles and inequalities have become particularly
visible - especially in Spanish case law. The analysis reveals a
divergence between European and national practices and also shows
the potential of Article 47, which is often wrongly equated with
the principle of effectiveness, in consumer litigation. Effective
Judicial Protection in Consumer Litigation makes a vital
contribution to the debate on the functions of Article 47 and
fundamental rights reasoning in European private law adjudication
and is a must read for anyone interested in the application of
Article 47 in judicial decision-making.
A systematic and historical treatment of the civil and criminal
procedure of Cicero's time. At the same time, the author examines
the legal difficulties and contradictions found in Cicero's
writings on procedure. With a subject index and index to passages
found in Cicero's works. Of value to the student of Roman Law,
ciminal and military procedure and law, and the history of European
courts.
There are many challenges that national and supranational judges
have to face when fulfilling their roles as guardians of
constitutionalism and human rights. This book brings together
academics and judges from different jurisdictions in an endeavour
to uncover the intricacies of the judicial function. The
contributors discuss several points that each represent
contemporary challenges to judging: analysis of judicial balancing
of conflicting considerations; the nature of courts' legitimacy and
its alleged dependence on public support; the role of judges in
upholding constitutional values in the times of transition to
democracy, surveillance and the fight against terrorism; and the
role of international judges in guaranteeing globally recognized
fundamental rights and freedoms. This book will be of interest to
human rights scholars focusing on the issues of judicial oversight,
as well as constitutional law scholars interested in comparative
perspectives on the role of judges in different contexts. It will
also be useful to national constitutional court judges, and law
clerks aiming to familiarise themselves with judicial practices
within other jurisdictions. Contributors: A. Abat i Ninet, E.
Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Bjoergvinsson, W.
Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M.
Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka
Despite 15 years of reform efforts, the incarceration rate in the
United States remains at an unprecedented high level. This book
provides the first comprehensive survey of these reforms and
explains why they have proven to be ineffective. After many decades
of stability, the imprisonment rate in the United States quintupled
between 1973 and 2003. Since then, nearly all states have adopted
multiple reforms intended to reduce imprisonment, but the U.S.
imprisonment rate has only decreased by a paltry two percent. Why
are American sentencing reforms since 2000 been largely
ineffective? Are tough mandatory minimum sentences for nonviolent
drug offenders the primary reason our prisons are always full? This
book offers a fascinating assessment of the wave of sentencing
reforms adopted by dozens of states as well as changes at the
federal level since 2000, identifying common themes among seemingly
disparate changes in sentencing policy and highlighting recent
reform efforts that have been more successful and may point the way
forward for the nation as a whole. In The Failed Promise of
Sentencing Reform, author Michael O'Hear exposes the myths that
American prison sentencing reforms enacted in the 21st century have
failed to have the expected effect because U.S. prisons are filled
to capacity with nonviolent drug offenders as a result of the "war
on drugs," and because of new laws that took away the discretion of
judges and corrections officials. O'Hear then makes a convincing
case for the real reason sentencing reforms have come up short:
because they exclude violent and sexual offenders, and because they
rely on the discretion of officials who still have every incentive
to be highly risk-averse. He also highlights how overlooking the
well-being of offenders and their families in our consideration of
sentencing reform has undermined efforts to effect real change.
Clearly identifies the real reasons that the wave of post-2000
sentencing reform has had minimal impact on reducing national
imprisonment rates Explains why reforms must target the excessive
sentences imposed on violent and sexual offenders, even though the
members of these offender groups are considered "justifiably
punished" by long prison terms in the public eye Enables readers to
understand why increased consideration for the well-being of
offenders and their families is likely a prerequisite to the
acceptance of more fundamental changes to the U.S. sentencing
system
Winner, 2019 Outstanding Book Award, given by the American Society
of Criminology's Division of Policing Section The first in-depth
history and analysis of a much-abused policing policy No policing
tactic has been more controversial than "stop and frisk," whereby
police officers stop, question and frisk ordinary citizens, who
they may view as potential suspects, on the streets. As Michael
White and Hank Fradella show in Stop and Frisk, the first
authoritative history and analysis of this tactic, there is a
disconnect between our everyday understanding and the historical
and legal foundations for this policing strategy. First ruled
constitutional in 1968, stop and frisk would go on to become a
central tactic of modern day policing, particularly by the New York
City Police Department. By 2011 the NYPD recorded 685,000
'stop-question-and-frisk' interactions with citizens; yet, in 2013,
a landmark decision ruled that the police had over- and mis-used
this tactic. Stop and Frisk tells the story of how and why this
happened, and offers ways that police departments can better serve
their citizens. They also offer a convincing argument that stop and
frisk did not contribute as greatly to the drop in New York's crime
rates as many proponents, like former NYPD Police Commissioner Ray
Kelly and Mayor Michael Bloomberg, have argued. While much of the
book focuses on the NYPD's use of stop and frisk, examples are also
shown from police departments around the country, including
Philadelphia, Baltimore, Chicago, Newark and Detroit. White and
Fradella argue that not only does stop and frisk have a legal place
in 21st-century policing but also that it can be judiciously used
to help deter crime in a way that respects the rights and needs of
citizens. They also offer insight into the history of racial
injustice that has all too often been a feature of American
policing's history and propose concrete strategies that every
police department can follow to improve the way they police. A
hard-hitting yet nuanced analysis, Stop and Frisk shows how the
tactic can be a just act of policing and, in turn, shows how to
police in the best interest of citizens.
The Lawyers' Guide to Personal Injury Law is an instructional
textbook for attorneys who want to become experts in the field of
negligence law. The book provides a comprehensive analysis of the
law in a multitude of areas within the field, including the various
types of construction accidents, motor vehicle accidents, premises
accidents, and more. The Lawyers' Guide to Personal Injury Law also
provides a detailed roadmap - from intake through trial - to
successfully litigating each of these claims and, ultimately,
maximizing monetary compensation for accident victims and their
families.
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court
of England and Wales decided in favour of a restitutionary award in
response to an unjust enrichment, despite the illegal transaction
on which that enrichment was based. Whilst the result was reached
unanimously, the reasoning could be said to have divided the Court.
Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and
Lord Neuberger favoured a discretionary approach, but their mode of
reasoning was described as 'revolutionary' by Lord Sumption (at
[261]), who outlined in contrast a more rule-based means of dealing
with the issue; a method with which Lord Mance and Lord Clarke
broadly agreed. The decision is detailed and complex, and its
implications for several areas of the law are considerable.
Significantly, the reliance principle from Tinsley v Milligan
[1994] 1 AC 340 has been discarded, as has the rule in Parkinson v
College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can
fairly be described as one of the most important judgments in
general private law for a generation, and it can be expected to
have ramifications for the application of the illegality doctrine
across a wide range of disciplinary areas. Unless there is
legislative intervention, which does not seem likely at the present
time, Patel v Mirza is set to be of enduring significance. This
collection will provide a crucial set of theoretical and practical
perspectives on the illegality defence in English private law. All
of the authors are well established in their respective fields. The
timing of the book means that it will be unusually well placed as
the 'go to' work on this subject, for legal practitioners and for
scholars.
This book presents a selection of the latest arbitration cases,
materials, and commentaries from China. It aims to provide
information on the theory and practice of arbitration combined. It
is intended to provide readers with a useful resource to guide them
when they encounter actual China-related arbitration cases. This
book is a valuable resource for all practitioners concerned with
international and foreign-related arbitration matters in China,
global law firms, companies engaged in multinational business,
jurists, and academics.
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