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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
Teaching Legal Education in the Digital Age explores how legal pedagogy and curriculum design should be modernised to ensure that law students have a realistic view of the future of the legal profession. Using future readiness and digital empowerment as central themes, chapters discuss the use of technology to enhance the design and delivery of the curriculum and argue the need for the curriculum to be developed to prepare students for the use of technology in the workplace. The volume draws together a range of contributions to consider the impact of digital pedagogies in legal education and propose how technology can be used in the law curriculum to enhance student learning in law schools and lead excellence in teaching. Throughout, the authors consider what it means to be future-ready and what we can do as law academics to facilitate the knowledge, skills and dispositions needed by future-ready graduates. Part of Routledge's series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of law, as well as those with a wider interest in legal pedagogy or legal practice.
This book is the first Australian study, based on extensive fieldwork, of the personal backgrounds and processes by which juveniles get drawn into risky and violent situations that culminate in murder. Drawing on interviews with every juvenile under sanction of life imprisonment in the State of South Australia (2015-2019), it investigates links in the chain of events that led to the lethal violence that probably would have been broken had there been appropriate intervention. Specifically, the book asks whether the existing criminal justice frame is the appropriate way to deal with children who commit grave acts. The extent to which prison facilitates and/or inhibits the mental, emotional, and social development of juvenile 'lifers' is a critical issue. Most - if not all - will be released at some point, with key issues of risk (public protection) and rehabilitation (probability of desistance) coming sharply to the fore. In addition, this book is also the first to capture how significant others including mothers, fathers, grandparents, and siblings are affected when children kill and the level of commitment these relatives have towards supporting the prisoner in his or her quest to build a positive future. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, andpenology; practitioners working in social policy; and all those interested in the lives and backgrounds of juvenile offenders.
How we interpret and understand the historical contexts of legal education has profoundly affected how we understand contemporary educational cultures and practices. This book, the result of a Modern Law Review seminar, both celebrates and critiques the lasting impact of Peter Birks' influential edited collection, Pressing Problems in the Law: Volume 2: What is the Law School for? Published in 1996, his book addresses many critical issues that are hauntingly present in the 21st century, amongst them the impact of globalisation; technological disruption; and the tension inherent in law schools as they seek to balance the competing interest of teaching, research and administration. Yet Birks' collection misses key issues, too. The role of wellbeing, of emotion or affect, the relation of legal education to education, the status of legal education in what, since his volume, have become the devolved jurisdictions of Northern Ireland, Wales and Scotland - these and others are absent from the research agenda of the book. Today, legal educators face new challenges. We are still recovering from the effects of the Covid-19 pandemic on our universities. In 1996 Birks was keen to stress the importance of comparative research within Europe. Today, legal researchers are dismayed at the possibility of losing valuable EU research funding when the UK leaves the EU, and at the many other negative effects of Brexit on legal education. The proposed Solicitors Qualifying Examination takes legal education regulation and professional learning into uncharted waters. This book discusses these and related impacts on our legal educations. As law schools approach an existential crossroads post-Covid-19, it seems timely to revisit Birks' fundamental question: what are law schools for?
This book is a biographical history of Rottnest Island, a small carceral island offshore from Western Australia. Rottnest is also known as Wadjemup, or "the place across the water where the spirits are", by Noongar, the Indigenous people of south-western Australia. Through a series of biographical case studies of the diverse individuals connected to the island, the book argues that their particular histories lend Rottnest Island a unique heritage in which Indigenous, maritime, imperial, colonial, penal, and military histories intersect with histories of leisure and recreation. Tracing the way in which Wadjemup/Rottnest Island has been continually re-imagined and re-purposed throughout its history, the text explores the island's carceral history, which has left behind it a painful community memory. Today it is best known as a beach holiday destination, a reputation bolstered by the "quokka selfie" trend, the online posting of photographs taken with the island's cute native marsupial. This book will appeal to academic readers with an interest in Australian history, Aboriginal history, and the history of the British Empire, especially those interested in the burgeoning scholarship on the concept of "carceral archipelagos" and island prisons.
Justice and Legitimacy in Policing critically analyzes the state of American policing and evaluates proposed solutions to reform/transform the institution, such as implementing body-worn cameras, increasing diversity in police agencies, the problem of crimmigration, limiting qualified immunity, and the abolitionist movement. Considering the changes that have occurred in our sociopolitical climate, policymakers, scholars, and the public are in need of a book that focuses on the American policing institution in a comprehensive yet critical manner. Each chapter is devoted to a specific area of policing that has either received criticism for the problems it may create or has been proposed to effect reform. The chapters are sequenced such that readers are introduced to a spectrum of topics to expand the discourse on changes needed to achieve equitable policing. The book also encourages readers to consider the idea that achieving justice and legitimacy in policing cannot happen as the institution is now formulated, and it invites readers to use the topics discussed in each chapter to envision transformative propositions. Justice and Legitimacy in Policing is intended to engage policymakers and practitioners as well as interested members of the public. The scope of this book also makes it a valuable resource for academics and students.
First published in 1976, Psychopath is a study of Patrick Mackay who, in 1974 - with a string of muggings and killings behind him - was on trial for murder and was imprisoned in November 1975. John Penycate and Tim Clark - responsible for the controversial BBC Panorama programme on Patrick Mackay's case - here take their investigation further and raise the important question of how the various responsible agencies which came into contact with him failed to see the danger and prevent these needless killings. Mackay passed through five mental institutions as well as approved schools, remand centres and homes. Twice he had been released from Moss Side Special Hospital - the North of England's equivalent to Broadmoor - against the advice of his doctors. Penycate and Clark show that the signs were there for all to see. They give a detailed account of Patrick Mackay's deterioration, from his turbulent childhood, through numerous suicide attempts, acts of violence and spells in mental and penal institutions, to his becoming London's most notorious 'mugger' and a multiple killer, culminating in the final maniacal axing of his friend Father Crean, illustrated here with Mackay's own words. This book will be of interest to students of criminology, psychology, penology, government, and media.
* Logically organized, country-by-country approach makes it easy to compare and draw parallels between countries * Demonstrates how researchers and policymakers, who heavily rely on crime numbers, need to use care in interpreting those statistics * Helps develop a cross-cultural understanding of police practices
* Logically organized, country-by-country approach makes it easy to compare and draw parallels between countries * Demonstrates how researchers and policymakers, who heavily rely on crime numbers, need to use care in interpreting those statistics * Helps develop a cross-cultural understanding of police practices
Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims' experiences of preparing and submitting statements, justice professionals' experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.
This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK's bestselling law revision series. Features: * Review essential cases, statutes, and legal terms before exams. * Assess and approach the subject by using expert advice. * Gain higher marks with tips for advanced thinking and further discussions. * Avoid common pitfalls with Don't be tempted to. * Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress
The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.
First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.
Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims' access to justice over time and place, Victims' Access to Justice considers the potentialities for victims' participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims' needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.
This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990-2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.
* The book provides a thorough background for understanding the evidentiary framework used in the administration of criminal justice in the United States * The only book on the market to include the official text of legal cases to illustrate current legal principles and explain evolving principles of evidence in a contemporary case context * Addresses the potential of congressional legislation to affect the admissibility of some evidence, teaching the reader when and how to anticipate change * New cases in this edition illuminate the evolution of U.S. evidentiary law
The third volume in the Interviews with Global Leaders in Policing, Courts, and Prisons series, Trends in the Judiciary: Interviews with Judges Across the Globe, this book provides an insider's view of the judicial system. Offering interviews from judges in Africa, Asia, Australasia, Europe, North America, and the West Indies, it explores the behind-the-scenes motivations of judges on a global scale, delving into the interviewees' opinions on diverse legal systems, the interpretation of legal developments, and current issues in criminal law. Readers of this text will be experience the judicial system from within-the plans, protests, and thought processes of practicing judges. Criminal justice students and practitioners alike will benefit from this unique examination of judges around the world.
U.S. Supreme Court justices are studied publicly, but scant attention is generally paid to the judges who function daily in other courts of the world. Trends in the Judiciary: Interviews with Judges Across the Globe assembles a collection of interviews conducted by international scholars and researchers. It provides an insider's perspective of how members of the worldwide judiciary cope with significant legal developments and the issues they face in criminal and procedural law. The subjects of these interviews administer justice in Australia, Austria, Bosnia-Herzegovina, the Republic of Slovenia, Canada, India, and the United States. Representing a variety of cultures, political environments, and economic systems, the interviewees each discuss their background, education, and career; their judicial role; the major changes and challenges they have experienced; and the relationship between theory and practice. In addition to the candid observations of the interview subject, each chapter provides a brief portrait of the national judicial system and court in which each judge serves. Continuing the work of the International Police Executive Symposium (IPES) and the CRC Press series Interviews with Global Leaders in Policing, Courts, and Prisons, the book enhances readers' understanding of the judiciary and opens a dialogue between scholars, researchers, and practitioners. It is a major contribution to the study and practice of judging around the world.
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.
This book explores practical examples of co-production in criminal justice research and practice. Through a series of seven case studies, the authors examine what people do when they co-produce knowledge in criminal justice contexts: in prisons and youth detention centres; with criminalised women; from practitioners' perspectives; and with First Nations communities. Co-production holds a promise: that people whose lives are entangled in the criminal justice system can be valued as participants and partners, helping to shape how the system works. But how realistic is it to imagine criminal justice "service users" participating, partnering, and sharing genuine decision-making power with those explicitly holding power over them? Taking a sophisticated yet accessible theoretical approach, the authors consider issues of power, hierarchy, and different ways of knowing to understand the perils and possibilities of co-production under the shadow of "justice". In exploring these complexities, this book brings cautious optimism to co-production partners and project leaders. The book provides a foundational text for scholars and practitioners seeking to apply co-production principles in their research and practice. With stories from Australia, the United Kingdom, and Ireland, the text will appeal to the international community. For students of criminology and social work, the book's critical insights will enhance their work in the field.
This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
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.
Includes chapters from barristers from a diverse range of social backgrounds. Features a foreword from a recently qualified circuit judge. An ideal companion for students beginning to apply for barrister pupillages.
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. |
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