The current emphasis on get tough approaches to crime has had and will continue to have a disastrous impact on society as a whole. Cook, who has worked extensively in various capacities throughout the criminal justice system, argues that the failure to encourage treatment and rehabilitation is extremely shortsighted and serves only to postpone societal ills. He examines the prison experience as a psychological experience and suggests that restructuring the prison environment to focus on changing the behavior of criminals will ultimately be more cost effective and more beneficial to society. Approaching the problem of crime in a coordinated and systematic way will produce more results than the current reliance on political posturing and media sound bites.

Recent formulation of crime policy often seems driven by statistically rare and exceptional events, and the new laws passed in response to sensational events have actually resulted in an ever-growing and increasingly violent criminal underclass. Similarly, the trend toward incarceration and extreme punishment as the primary means of correction has led to unfortunate consequences. Overcrowding, massive prison construction, and the siphoning of funds from the rest of the public sector are all get tough byproducts. This study proposes solutions to current systemic problems aimed at those interested in trying to develop plans or treatment strategies within correctional settings.

This book examines the extent to which criminal desistance - 'the change process involved in the ending of criminal behaviour' - is affected by personal and social circumstances which are place specific. Grounded in criminological spatial analysis, as well as more general social scientific investigations of the role of space and place in contemporary social, economic and cultural life, it examines why large numbers of prisoners in the United States and the United Kingdom appear to be drawn from - and after release return to - certain urban neighbourhoods. In doing so Criminal Behaviour in Context assesses the effect of this unique life course experience on the pathways and choices open to ex-prisoners who attempt to give up crime. Including new data on the geographical distribution of offenders, interviews with serving prisoners, and drawing on theories about social context, identity and subjectivity, it discusses the implications of the evidence and arguments presented for prisoner reintegration policy and practice.

This book examines how young men between the ages of 18 and 21 make the transition to prison life and how they adapt practically, socially and psychologically. Based on extensive research in Feltham Young Offenders Institution, this book examines in particular the role of social support, both inside and outside prison, in relation to their adaptation, along with the constructs of trust, locus of control, and safety. It concentrates both on the successful adaptation to prison life and on the experience of individuals who have difficulties in adapting; it pays special attention to those who harm themselves whilst in prison. It is the first study to provide an in-depth account of the psycho-social experience of imprisonment for young adults. Understanding this early stage of imprisonment is of major importance to policy makers and practitioners in the light of the fact that up to a half of completed suicides occur within the first month in prison.

While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making, Dennis J. Devine examines over 50 years of research on juries and offers a "big picture" overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.

Plea bargaining avoids a lengthy and costly criminal trial and thus enables courts to deal with a large number of cases very quickly. While it has often been argued that modern criminal justice systems cannot afford to abolish plea bargaining, academics long have criticised it for undermining the rule of law by avoiding procedural safe-guards. This book analyses plea bargain in different families of law, and drawing on these findings ask to what extent this practice should be developed in international criminal law. The book analyses the relationship between values and practice in modern criminal justice systems through the example of plea bargaining comparing the development and practice of plea bargaining in different systems. The book sets out in-depth studies of consensual case dispositions in the UK, setting out how plea bargaining has developed and spread in England and Wales. It discusses in detail the problems that this practice poses for the rule of law as well as well as the principles of adversarial litigation. The book considers plea-bargaining in the USA as well as in the civil law German justice system. The book also draws on empirical research looking at the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. The book then goes on to look at international criminal law and examine the use of informal negotiations in the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda and the possible use in future cases of the International Criminal Court.

Polish vs. American Courtroom Discourse brings together the fields of discourse analysis and socio-legal studies to identify, illustrate and explain the cross-cultural similarities and disparities between the inquisitorial and adversarial procedures of witness examination in criminal trials.

This volume discusses such topics in the field of litigation economics as forensic economics, estimating damages in personal injury and wrongful death cases, forecasting medical costs in tort cases and economic analysis of business interruption losses.

Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.

This book examines the role of courts in times of transition. The book focuses on judicial experiences from the Iberoamerican region, in particular Argentina, Chile, Colombia, Spain and Guatemala, exploring the extent to which national courts have been able to shoulder the task of investigating and prosecuting grave crimes such as genocide, crimes against humanity and war crimes, committed in the context of a previous repressive rule or current conflict. The volume contains contributions from judges, prosecutors, and scholarly experts in the region. It offers first-hand experiences and expert findings on crucial issues surrounding the role of the courts including: balancing principles of justice and fundamental concerns about legality and non-retroactivity; security problems facing courts in conflict situations; the immense case load; the role of regional and international courts in aiding their national counterparts; and the cooperation between different and overlapping jurisdictional competences. The book also draws attention to the way in which regional and international courts have come to contribute to the initiation of national judicial processes, above all, through international standard-setting and pressure. It goes on to articulate a philosophical critique of the dominant understandings of transitional justice because it has not paid sufficient attention to criminal justice. In this context, the volume outlines an alternative conceptualisation that seems better equipped to both explain the recent developments towards the judicialization' of transitional justice politics while, at the same time, also insisting on the continued need for caution and critical reflection on the role of courts in times of transition.

On December 24, 1968, ten-year-old Pamela Powers was brutally murdered, her body dumped at the side of the road to freeze. Robert Anthony Williams was charged with the crime, and a series of trials, appeals, and reversals ensued. The Christian Burial Case: An Introduction to Criminal and Judicial Procedure introduces readers to the intricacies of the American legal system, using the Williams case to illustrate all the stages of the legal process from the point of arrest, to the trial, the appellate process, and, ultimately, the Supreme Court. The text clearly and concisely explains criminal and court procedures in the context of the Williams case, paying careful attention to the rights against self-incrimination and to counsel, and to the role of the exclusionary rule in our system of justice. This unique introduction to criminal justice and judicial procedure captures the imagination of the reader as it chronicles "The Christian Burial" case from beginning to end. Because the suspect was observed leaving the scene of the crime with the body of the victim, the Williams case seemed to be open and shut. But due to police procedures in apprehending and questioning the suspect, the resolution of the case took fifteen years and two United States Supreme Court decisions. By highlighting the difficulties of determining the facts of the case and the proper procedural laws that were applicable, McInnis demonstrates the complexities inherent in the legal system. This compelling book is a must-read for all people interested in learning more about criminal procedure and judicial processes.

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.

Corrections: A Critical Approach (third edition) confronts mass imprisonment in the United States, a nation boasting the highest incarceration rate in the world. This statistic is all the more troubling considering that its correctional population is overrepresented by the poor, African-Americans, and Latinos.

Not only throwing crucial light on matters involving race and social class, this book also identifies and examines the key social forces shaping penal practice in the US politics, economics, morality, and technology. By attending closely to historical and theoretical development, the narrative takes into account both instrumental (goal-oriented) as well as expressive (cultural) explanations to sharpen our understanding of punishment and the growing reliance on incarceration.

Covering five main areas of inquiry penal context, penal populations, penal violence, penal process, and penal state this book is essential reading for both undergraduate and graduate students interested in undertaking a critical analysis of penology.

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law . Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition (allied with concern for the practical) is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary.

In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values that are most prominent in the Dutch, Austrian, and American legal systems. It explains how many differences between systems flow from these different fundamental starting points.

Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, and post-state socialist. Part I sets out the research methodology and analysis of the baseline requirements that, according to ECHR case law, have an impact on the rights of the accused. In addition to the general fair trial rights (the presumption of innocence, the right to silence, equality of arms, and the (conditional) right to release pending trial) the rights explored include: the right to information, the right to legal assistance and legal aid, and a number of procedural rights (the right to adequate time and facilities to prepare a defense, participation rights, the right to free interpretation and translation, and the right to reasoned decisions and to appeal). Part II consists of a description and critical analysis of access to effective criminal defense in the nine countries examined. Part III includes a cross-jurisdictional analysis of compliance, in law and in practice, with the ECHR requirements. It also contains an analysis of how they interrelate, and of whether structures, systems, and legal cultures exist to enable individuals to effectively exercise these rights. This book contributes to implementation of the rights of suspects and defendants to a real and effective defense, especially for those who lack the means to pay for legal assistance themselves. The recommendations are designed to contribute to the development of meaningful policies and processes that will help to ensure effective criminal defense across the EU. The book is essential reading for academics, researchers, students, defense lawyers, and policy-makers in the area of criminal justice in Europe.

For the first time, the four most popular restorative justice books in the Justice & Peacebuilding series-The Little Book of Restorative Justice: Revised and Updated, The Little Book of Victim Offender Conferencing, The Little Book of Family Group Conferences, and The Little Book of Circle Processes-are available in one affordable volume. Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. Circle processes draw from the Native American tradition of gathering in a circle to solve problems as a community. Peacemaking circles are used in neighborhoods, in schools, in the workplace, and in social services to support victims of all kinds, resolve behavior problems, and create positive climates. Each book is written by a scholar at the forefront of these movements, making this important reading for classrooms, community leaders, and anyone involved with conflict resolution.

This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include diagrams at the start of chapters to summarise the key points, structured heading levels to allow for clear recall of the main facts, and charts and tables to break down more complex information. New to these editions is an improved text design making the books easier to read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.ukwhere you will find extensive revision materials including multiple choice questions in addition to a questions and answers section.

Purcell explores the dynamic relationship between legal and social change through a study of litigation practice and tactics. He examines changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits.

He refines the progressive claim that the federal courts found both in favour of and against business enterprises during this time, and identifies specific ways and particular time periods in which the federal courts both advantaged and disadvantaged national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth-century federal judicial system.

Presiding from 1875 to 1896 over the United States Court for the Western Judicial District of Arkansas, Isaac Charles Parker attained notoriety as the "Hanging Judge" responsible for law and order in Indian Territory. Popular accounts have portrayed him as a jurist driven relentlessly by a Biblical sense of justice to administer absolute authority over a lawless jurisdiction inhabited by bold outlaws.

"Let No Guilty Man Escape," the first new Parker biography in four decades, corrects this simplistic image by presenting Parker's unique brand of frontier justice within the legal and political context of his time. Using primary documents from the National Archives, Missouri court records, and other sources not included by previous biographers, Roger H. Tuller demonstrates that Parker was an ambitious attorney who used the law to advance his own career. Parker rose from a frontier Missouri lawyer to become a congressional representative, and when Reconstructionist-era politics denied him continued progress, he sought the judicial appointment for which he is most remembered.

Although he sent seventy-nine felons to the gallows, Parker's public hangings were actually restricted by federal officials, commutations, and pardons, as well as Supreme Court rulings. In an ironic twist, during his final public interview, the "Hanging Judge" claimed he supported the abolition of the death penalty.