This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.

A new installment of the series of Interviews with Global Leaders in Policing, Courts, and Prisons, this book expands upon the criminal justice coverage of earlier volumes, offering the voices of 14 lawyers from 13 diverse locales, including countries in Africa, North America, South America, Europe, and the Asia-Pacific region. This book is intended for students and others focusing on law and legal studies, policing, psychology and law, criminology, justice studies, public policy, and for all those interested in the front lines of legal change around the world. Featuring versatile chapters perfect for individual use or as part of a collection, this volume offers a personal approach to the legal world for students and experienced professionals.

One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.

Interactional Justice explores how defence lawyers accomplish their role in interaction with others and highlights the ways in which they do loyalty work - constructing and conveying loyalty in emotionally and interactionally constraining situations. By drawing on extensive ethnographic fieldnotes and interviews with lawyers, this sociological study brings their loyalty work to life and reveals to the reader the unwritten rules of emotional interactions. It presents how defence lawyers socially construct their duty of loyalty by negotiating informal and implicit professional and social expectations. This accomplishment demands emotion work and face work in order to perform a role which includes defending clients accused of heinous crimes and "losing" the majority of cases. As the defence team is central to this, the ways of doing teamwork are illustrated. Teamwork is also found to be essential between legal professionals to ensure that a criminal trial runs smoothly. All of this takes place within an overarching framework - the emotional regime of law - which aims to uphold the illusionary dichotomy between rationality and emotionality thus quietening the role of emotions. Loyalty and teamwork are features of many professions, workplaces, and aspects of social life making this book an essential tool for understanding strategies for their accomplishment. Focusing on courtroom emotions and interactions, the book suggests how trials can be made more user-friendly and provides guidance for newly qualified legal professionals. The use of ethnographic fieldnotes and interviews provides scholars and students in the social sciences, teaching, law, and medicine with a colourful monograph which reveals and explains emotion and interaction rules. It also makes this book a useful tool for teaching and understanding qualitative research methods.

This rich and rewarding volume collects more than two dozen of the most memorable opening and closing arguments made by top prosecutors and defense attorneys of the last one hundred years. Carefully selected to explore every major aspect and challenge of the legal process, these speeches highlight the tactics and strategies, colorful language, and stirring rhetoric that lawyers use to win judge and jury to their side. With a shrewd eye for courtroom stratagems and a keen understanding of the social currents that shape them, Manhattan assistant district attorney Joel Seidemann introduces and illuminates each speech from an insider's perspective. Arguments from landmark trials are included to reveal the smartest tricks of the trial lawyer's trade and demonstrate the power of an impassioned presentation to tip the scales toward the fulfillment of justice.

Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.

The Handbook on Risk and Need Assessment: Theory and Practice covers risk assessments for individuals being considered for parole or probation. Evidence-based approaches to such decisions help take the emotion and politics out of community corrections. As the United States begins to back away from ineffective, expensive policies of mass incarceration, this handbook will provide the resources needed to help ensure both public safety and the effective rehabilitation of offenders. The ASC Division on Corrections & Sentencing Handbook Series will publish volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or the mentally ill. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

While evidence-based policy is an emerging rhetoric of the desire by and for governments to develop policies based on the best available evidence, drug policy is an area where particular challenges abound. This book is a detailed and comprehensive examination of the contours of drug policy development through the consideration of the particular roles of science, media, and interest groups. Using Belgium as the primary case-study, supplemented by insights gathered from other countries, the author contributes to a richer understanding of the science-policy nexus in the messy, real-world complexities of drug policy. Change or Continuity in Drug Policy: The Roles of Science, Media, and Interest Groups is the first book to bring together policy and media theories, knowledge utilisation models, and public scholarship literature. As such, the book provides unique insights relevant to aspects of change or continuity in drug policies in Europe and beyond. This book will be of great value to undergraduate and graduate students, as well as to academics, practitioners and policymakers with interest in the science-policy nexus with a particular focus on the drug policy domain.

This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

Originally published in 1973 The Law Courts of Medieval England looks at law courts as the most developed institutions existing in the medieval times. Communities crystallized upon them and the governments worked through them. This book describes the scope and procedures of the different courts, appointment of the judges, the beginnings of civil and criminal courts, the origin of the jury system and other aspects of the modern legal system. It is all shown by an analysis of actual reports of court cases of the time, giving a vivid picture of the life of the English people as well as of the ways of the professional lawyers, no less intricate than they are today.

This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.

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.

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

Gets straight to the point and offers clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost confidence. The leading competitors are much longer books and are becoming too large and unwieldy for single-semester first-year level courses. Packed full of illustrative examples, flowcharts and activities and unlike competing books, this is presented in an innovative, visual format, ideal for those with visual learning preferences This edition has been heavily updated, with a new chapter on Legal Ethics, improved and updated MCQs as well as guidance on how to use them, information on how the new SQE works and how law schools have responded to it, and new material on the effects of Brexit and the Covid-19 pandemic on the English Legal System.

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

First published in 1987, Rape on Trial investigates the impact of the Sexual Offences (Amendment) Act, 1976 and considers the treatment of rape victims by the courts in United Kingdom. Extracts from trials are used extensively, and the author examines in particular: how the anonymity provisions have worked out in practice; how far the victim's previous sexual history is brought up in court; how far she is held to be responsible for her victimisation; ways in which the validity of her complaint is questioned in court; and defence strategies to present her as a legitimate victim. Also included are a critical discussion of the controversial question of sentencing for rape, and new proposals for legislative and procedural change. Extremely pertinent to current times, this book will be of interest to students of law, criminology, sociology as well as to any concerned citizen.

A MURDER HE CAN'T FORGET. A CASE ONLY SHE CAN SOLVE. 'OUTSTANDING' IAN RANKIN Amazon Best 100 Books of The Year Barnes & Noble Best Books of The Year Top Ten Best Thrillers of the Year - Washington Post * * * * * Daisy Clayton's killer was never caught. In over ten years, there has been no breakthrough in her murder case. Detective Renee Ballard has faced everything the LAPD's notorious dusk-till-dawn graveyard shift has thrown at her. But, until tonight, she'd never met Harry Bosch - an ex-homicide detective consumed by this case. Soon, she too will become obsessed by the murder of Daisy Clayton. Because Ballard and Bosch both know: every murder tells a story. And Daisy's case file reads like the first chapter in an untold tragedy that is still being written - one that could end with Ballard herself, if she cannot bring the truth to light... * * * * * CRIME DOESN'T GET BETTER THAN CONNELLY. 'One of the world's greatest crime writers' Daily Mail 'Crime thriller writing of the highest order' Guardian 'A terrific writer with pace, style and humanity to spare' The Times 'America's greatest living crime writer' Daily Express 'The pre-eminent detective novelist of his generation' Ian Rankin 'A master' Stephen King 'A genius' Independent on Sunday 'A superb natural storyteller' Lee Child 'One of the great storytellers of crime fiction' Sunday Telegraph 'Justly regarded as one of the world's finest crime writers' Mail On Sunday 'No one writes a better modern thriller than Connelly' Evening Standard

Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.

For as long as we have been researching human memory, psychologists have been investigating how people remember and forget. This research is regularly drawn upon in our legal systems. Historically, we have relied upon eyewitness memory to help judge responsibility and adjudicate truth, but memory is malleable, prone to error, and susceptible to bias. Even confident eyewitnesses make mistakes, and even accurate witnesses sometimes find their testimony subjected to harsh scrutiny. Emerging from this environment, the Cognitive Interview (CI) became a means of assisting cooperative witnesses with recalling more information without sacrificing accuracy. First used by police interviewing adult witnesses, it is now used with many populations in many contexts, including public health, accident reconstruction, and the interrogation of terror suspects. Evidence-Based Investigative Interviewing reviews the application of cognitive research to investigative interviewing, revealing how principles of cognition, memory, and social dynamics may increase the accuracy of eyewitness testimony. It provides evidence-based applications for investigators beyond the forensic domain in areas such as eyewitness identification, detecting deception, and interviewing children. Drawing together the work of thirty-three authors across both the academic and practice communities, this comprehensive collection is essential reading for researchers in psychology, forensics, and disciplines such as epidemiology and gerontology.

On January 22, 1973, the Supreme Court issued its decision in Roe v. Wade. Holding that a woman's substantive due process right to terminate her pregnancy in the early months outweighed state interests in maternal health and fetal protection, the Court struck down a Texas law permitting abortions only to save the life of the mother. This series is divided into three volumes, with each part containing multiple case studies. Volume One (two books) considers legislative initiatives; Volume Two (two books) reviews executive initiatives; and Volume Three (one book) examines judicial nominations. Abortion funding, clinic access legislation, freedom of choice and human life legislative proposals, and proposed constitutional amendments are considered in Part One. Presidential positions, federal family planning regulation (domestic and international), fetal tissue research, and governmental briefs and arguments in abortion-related Supreme Court litigation are the subject of Part Two. First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Sex offenders remain the most hated group of offenders, subject to a myriad of regulations and punishments beyond imprisonment, including sex offender registries, chemical and surgical castration, and global positioning electronic monitoring systems. While aspects of their experiences of imprisonment are documented, less is known about how sex offenders experience prison and community corrections spaces - and the implications of their status on their treatment and safety in such environments. Violence, Sex Offenders, and Corrections critically assesses what is meant by the term 'sex offender', and acknowledges that such meanings are socially constructed, situated, and contingent. The book explores the person, crime, penal space, sexual orientation, legislation, and the community experiences of labelled sex offenders as well as the experiences of correctional officers working with said custodial populations. Ricciardelli and Spencer use conceptions of gender and embodiment to analyze how sex offenders are constituted as objects of fear and disgust and as deserving subjects of abjection and violence.

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

Key Facts Key Cases: English Legal System will ensure you grasp the main concepts of your English Legal System module with ease. This book explains in concise and straightforward terms: * Discussion of the courts system, both civil and criminal; * Details of the tribunal system * The doctrine of precedent * Statutory interpretation * Personnel in the legal system, both professional and lay Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Where relevant, chapters also contain a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition