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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
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
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.
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.
Whilst many of us would agree that human rights are more important
than corporate profits, the reality is often different; such
realities as child labour and environmental destruction caused by
corporate activities make this patently clear. Recognising that
balancing human rights and business interests can be problematic,
Corporate Accountability considers the limits of existing complaint
mechanisms and examines non-judicial alternatives for conflict
resolution. The innovative approach herein compiles both
long-standing international expertise and findings based on 25 key
interviews from experts and victims. In contrast to the current
literature, which tends to provide details on the functioning of
the mechanisms, this book delves further to examine the strengths
and weaknesses of each mechanism and provides criteria of
excellence for non-judicial grievance mechanisms. In doing so, it
provides a reality-check for corporate accountability worldwide.
Novel and thought provoking, Corporate Accountability will be a
captivating read for academics as well as companies interested in
human rights and corporate social responsibility. It will also
prove of interest to related state institutions such as development
agencies and other relevant ministries such as chambers of
commerce, trade unions, NGOs and civil society organisations.
Based on an interdisciplinary conference held at the University of
Cambridge in May 2012, Legitimacy and Criminal Justice: An
International Exploration brings together internationally renowned
scholars from a range of disciplines including criminology,
international relations, sociology and political science to examine
the meaning of legitimacy and advance its theoretical understanding
within the context of criminal justice. In policy terms, the
conference afforded a timely opportunity for criminal justice
senior managers and researchers to discuss the practical
applications and implications of legitimacy for policing and
prisons. This resulting volume aims to: advance conceptual
understanding of legitimacy in the contexts of policing and
criminal justice; to develop a better understanding of the
implications of analyses of legitimacy for the practical contexts
of policing, prisons and criminal justice; and to recognise the
growing number of contexts in which criminal justice personnel
encounter ethnically and religiously diverse communities, such as
the acute dilemmas for legitimate authority posed by perceived
terrorist threats. Attention is also devoted to the growing
importance of international organisations in relation to
legitimacy, both in its international and domestic manifestations.
The volume includes 16 substantial new contributions to this
important field from leading political and theoretical scholars in
the field, along with the results of several recent empirical
studies. Together they constitute an unprecedented synthesis of
disparate but leading thinkers in the growing field of legitimacy
scholarship and should be of value to social scientists across
different disciplines and to criminal justice practitioners.
How often is the defense of insanity or temporary insanity for
accused criminals valid-or is it ever legitimate? This unique work
presents multidisciplinary viewpoints that explain, support, and
critique the insanity defense as it stands. What is the role of
"the insanity defense" as a legal excuse? How does U.S. law handle
criminal trials where the defendant pleads insanity, and how does
our legal system's treatment differ from those of other countries
or cultures? How are insanity defenses used, and how successful are
these defenses for the accused? What are the costs of incarceration
versus psychiatric treatment and confinement? This book presents a
range of expert viewpoints on the insanity defense, exposing common
myths; investigating its effectiveness and place in our legal
system through history, case studies, and comparative analysis; and
supplying perspectives from the disciplines of psychology,
psychiatry, sociology, and neuroscience. The content also addresses
the ramifications of declaring citizens insane or incapacitated and
examines trials that involved pleas of insanity and temporary
insanity. Presents multidisciplinary coverage of this important
topic-one that is typically polarizing for members of the general
public Includes discussions of new advances in neuroscience that
have revived debates regarding free will, culpability, and
punishment Illustrates points with widely publicized and televised
trials that have recently increased public awareness of the
insanity defense as well as heated debates over its justification
This book analyses actual and potential normative (whether
legislative or contractual) conflicts and complex transnational
disputes related to state-controlled enterprises (SCEs) operations
and how they are interwoven with the problem of foreign direct
investment. Moreover, SCEs also fall within the remit of
international political economy, international economics and other
SCE-related fields that go beyond purely legal or regulatory
matters. In this connection, research on such economic and
political determinants of SCE's operations greatly informs and
supplements the state of knowledge on how to best regulate
cross-border aspects of SCE's and is also be covered in this book.
The book also aims to analyse the "SCE phenomenon" which includes a
wide panoply of entities that have various structures with
different degrees of control by states at the central or regional
level, and that critically discuss the above-mentioned overlapping
legal economic and political systems which can emerge under various
shades of shadows casted by governmental umbrellas (i.e., the
control can be exercised through ownership, right to appoint the
management, and special-voting-rights). The chapters in this book
are grouped, so as to address cross-border investment by and in
SCE, into four coherent major parts, namely --- (i) the regulatory
framework of state capitalism: laws, treaties, and contracts; (ii)
economic and institutional expansion of state capitalism; (iii) the
accountability of state capitalism: exploring the forms of
liabilities; and (iv) regional and country perspectives.
Contributions address the core theme from a broad range of SCE and
international economic regulations, including but not limited to
competition law, WTO law, investment law, and financial/monetary
law. They also cover the new emerging generation of Free Trade
Agreements (EU-Vietnam FTA, EU China investment treaty, Regional
Comprehensive Economic Partnership; and the coordination between
treaty systems). The book is a valuable addition and companion for
courses, such as international trade law, international law of
foreign investment, transnational law, international and economic
development, world politics, law of preferential trade agreements,
international economics, and economics of development.
This book (hardcover) is part of the TREDITION CLASSICS. It
contains classical literature works from over two thousand years.
Most of these titles have been out of print and off the bookstore
shelves for decades. The book series is intended to preserve the
cultural legacy and to promote the timeless works of classical
literature. Readers of a TREDITION CLASSICS book support the
mission to save many of the amazing works of world literature from
oblivion. With this series, tredition intends to make thousands of
international literature classics available in printed format again
- worldwide.
Dr. Lee P. Brown, one of America's most significant and respected
law enforcement practitioners, has harnessed his thirty years of
experiences in police work and authored Policing in the 21st
Century: Community Policing. Written for students, members of the
police community, academicians, elected officials and members of
the public, this work comes from the perspective of an individual
who devoted his life to law enforcement. Dr. Brown began his career
as a beat patrolmen who through hard work, diligence and continued
education became the senior law enforcement official in three of
this nation's largest cities. The book is about Community Policing,
the policing style for America in the Twenty-First Century. It not
only describes the concept in great detail, but it also illuminates
how it evolved, and how it is being implemented in various
communities throughout America. There is no other law enforcement
official or academician who is as capable as Dr. Brown of
masterfully presenting the concept of Community Policing, which he
pioneered. As a philosophy, Community Policing encourages law
enforcement officials, and the people they are sworn to serve, to
cooperatively address issues such as crime, community growth, and
societal development. It calls for mutual respect and understanding
between the police and the community. The book is written from the
perspective of someone whose peers identify as the "father" of
Community Policing, and who personally implemented it in Police
Departments under his command. It is a thoroughly amazing book that
has been heralded as a "must read" for anyone who has an interest
in law enforcement. Elected officials, academicians, leaders of the
nation's police agencies and members of the public will be
captivated by Dr. Brown's literary contribution.
Sweden is one of a handful of countries where the international
arbitral process has reached a stage where the jurisprudence is
replete with instances involving no local parties at all. In this
context of credible neutrality, the Stockholm Chamber of Commerce
(SCC) has emerged as a leading global arbitral institution. Whether
the matter at issue is a business transaction dispute or a
politicized conflict involving obdurate parties, the richness of
its body of decided cases manifests the SCC's authority and
reliability throughout the converging world of international
arbitration.
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