The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

This is a study of major national efforts in the past 15 years to reduce the impact of money, and the lack of it, in determining whether a criminal defendant obtains freedom prior to trial. Thomas offers the results of a national study on bail reform since its beginning with the Manhattan Bail Project of 1961 and a survey of the major operational changes in the bail system since then.

This book provides a comprehensive account of the imprisonment of women for politically motivated offences in Northern Ireland between 1972 and 1999. Women political prisoners were engaged in a campaign to obtain formal recognition as political prisoners, and then to retain this status after it was revoked. Their lengthy involvement in a prison conflict of international significance was notable as much because of its longevity as the radical aspects of their prison protests, which included hunger strikes, dirty-protests and campaigns against institutional abuses. Out of Order brings out the qualitatively distinctive character and punitive ethos of regimes of political imprisonment for women, exploring the dynamics of their internal organisation, the ways in which they subverted order and security in prison, and their strategies of resistance and exploitation. Drawing upon a wide range of first hand accounts and interviews this book brings together perspectives from the areas of political imprisonment, the penal punishment of women and the question of agency and resistance in prison to create a unique, highly readable study of a neglected subject.

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike. The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments.

Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live.

13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate.

"The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike. The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments.

Procedure is not just a programme or a nexus of formalities. It is something done by legal experts and lay participants in a highly concerted ensemble. Procedure frames and advances all law-relevant activities. This book, written by three authors from different disciplinary backgrounds, provides an in-depth comparison of criminal defence work in different legal cultures. Via an ethnographic comparison, this book also shows how defence work responds to the challenges of different procedural regimes and how it contributes to their individual outcomes. Criminal Defence and Procedure opens up new horizons for legal comparison, inviting novel understandings of procedural law as well as possibilities of legal reform.

This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention's interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts' conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention's interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention's limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention's various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention "on the ground."

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Over the last twenty-five years, there has been a spirited debate in the courts, Congress, and in the academy about how to interpret federal statutes, the laws of Congress. Federal judges spend a considerable amount of time trying to understand Congress's meaning. Just as Congress produces laws, so courts are called on to interpret them. When the language of the statute is unambiguous, then, the job of the judge is generally straightforward. But when-as often happens-the statute is ambiguous, the interpretative task is not obvious. How a judge interprets statutes - sticking only to the text when the language is ambiguous, or going beyond the text to legislative materials - is of fundamental importance. For the methodology of interpretation can affect the outcome and thus whether the law has been construed consistently with Congress's meaning. Justice Scalia has fueled the debate, arguing that courts should look to the text of the statute and to virtually nothing else. In Judging Statutes, Chief Judge Robert A. Katzmann of the U.S Court of Appeals for the Second Circuit, respectfully disagrees. Drawing upon his interdisciplinary background in law and political science, he argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known, through text and reliable accompanying materials should be respected. Judge Katzmann contends that there has been scant consideration given to what is critical as courts interpret statutes - an appreciation of how Congress actually functions and signals its meaning, and what Congress expects of those interpreting its laws. Judging Statutes explores how Congress works; how agencies construe legislation; and examines two interpretative approaches, purposivsm and textualism. The author discusses cases in which he was the writing judge and which the Supreme Court reviewed, and concludes with some suggestions to promote understanding between courts and Congress.

In the first Supreme Court history told primarily through eyewitness accounts from Court insiders, Clare Cushman provides readers with a behind-the-scenes look at the people, practices, and traditions that have shaped an American institution for more than 200 years. Each chapter covers one general thematic topic and weaves a narrative from memoirs, letters, diaries, and newspaper accounts by the Justices, their spouses and children, court reporters, clerks, oral advocates, court staff, journalists, and other eyewitnesses. These accounts allow readers to feel as if they are squeezed into the packed courtroom in 1844 as silver-tongued orator Daniel Webster addresses the court; eavesdropping on an exasperated Oliver Wendell Holmes, Jr., in 1930 as he snaps at a clerk's critique of his draft opinion; or sharing a taxi with future Chief Justice John G. Roberts, Jr., in 2005 as he rushes home from the airport in anticipation of a phone call from President Bush offering him the nomination to the Supreme Court. This entertaining and enlightening tour of the Supreme Court's colorful personalities and inner workings will be of interest to all readers of American political and legal history.

This work deals with the real practicalities of getting results in the Magistrates' Court. It looks at who's who at court, and who holds what information, where forms are kept and how to fill them in. This new edition contains practical guidance which until now has been hard to find in other publications for example: how to get bail; how to argue for separate representation; what you should be looking for in disclosure; and a digest of jargon and shorthand used by the police, CPS and court staff.

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Drug courts offer offenders an intensive court-based treatment program as an alternative to the normal adjudication process. Begun in 1989, they have since spread dramatically throughout the United States. In this interdisciplinary examination of the expanding movement, a distinguished panel of legal practitioners and academics offers theoretical assessments and on-site empirical analyses of the workings of various courts in the United States, along with detailed comparisons and contrasts with related developments in Britain. Practitioners, politicians, and academics alike acknowledge the profound impact drug courts have had on the American criminal justice system. From a range of disciplinary perspectives, contributors to this volume seek to make sense of this important judicial innovation. While addressing a range of questions, Drug Courts also aims to achieve a careful balance between focused empirical studies and broader theoretical analyses of the same phenomenon. The volume maintains an analytical concentration on drug courts and on the important practical, philosophical, and jurisprudential consequences of this unique form of therapeutic jurisprudence.

Drug courts depart from the practices and procedures of typical criminal courts. Prosecutors and defense counsel play much-reduced roles. Often lawyers are not even present during regular drug court sessions. Instead, the main courtroom drama is between the judge and client, both of whom speak openly and freely in the drug court setting. Often accompanying the client is a treatment provider who advises the judge and reviews the client's progress in treatment. Court sessions are characterized by expressive and sometimes tearful testimonies about the recovery process, and are often punctuated with applause from those in attendance. Taken together, the chapters provide a variety of perspectives on drug courts, and extend our knowledge of the birth and evolution of a new movement. Drug Courts is an essential reference for courses in criminology, the sociology of drugs and deviance, and the philosophy of law and punishment.

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a "Why not litigate?" approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

This unique reference offers a discussion of the social and legal history behind the ongoing evolution versus creationism controversy. Evolution in the Courtroom: A Reference Guide chronicles the legal history of the evolution/creation debate sparked by Charles Darwin's publication On the Origin of Species by Means of Natural Selection in 1859. The first seven chapters provide a detailed historical overview of the debate, reviewing all of the major court cases with particular emphasis on the infamous Scopes "Monkey Trial" which pitted fundamentalist William Jennings Bryan against ACLU defense attorney Clarence Darrow, and became the standard to which all subsequent evolution trails have been compared. Ensuing discussions of the rise and fall of creationism as a science and the failure of "balanced treatment" in public schools culminate in a summary of skirmishes over the last decade. Profiles of scientists, politicians, clergy, and other influential people from Galileo to Frank White, the Arkansas governor who signed the equal time law without ever reading it, reveal fascinating facts and perspectives on both sides of the controversy. Detailed chronology of the history of the debate from Aristotle in 310 B.C. to the U.S. Senate's adoption of "Sense of the Senate" in June 2002 Biographies of 172 key individuals on both sides of the controversy, including Leona Wilson, who initiated the first lawsuit by creationists An edited collection of the eight principal court decisions, including Mclean v. Arkansas and Segraves v. State of California Photographs and illustrations of influential people like Herbert Spencer, who coined the terms "evolution" and "survival of the fittest"

A distinguished group of noted criminal justice specialists here examines the impact of the new U.S. sentencing guidelines, imposed in 1987, on law enforcement, the prosecution and courts, and corrections. Although these guidelines were created with the expressed purpose of increasing judicial fairness and reducing prison overcrowding, the contributors argue that their long range effects will be to aggravate present overcrowding problems to intolerably high levels. To make their case, contributors address individually such issues as plea bargaining, the new role of parole and corrections officers, the likely effects of the scheduled abolition of the parole board in 1992, and more. Both students of criminal justice and practicing parole and corrections officers will find these chapters enlightening reading.

Following an introductory overview that puts the U.S. sentencing guidelines in perspective, two chapters discuss their impact on law enforcement, officer discretion, and crime control and deterrence. Turning to an exploration of the courts, the contributors address prosecutorial discretion in plea bargaining, judicial discretion and sentencing disparities, case processing and sentencing alternatives, and how predictions of dangerousness affect the sentencing process. In their analysis of the relationship between the sentencing guidelines and corrections trends, the contributors examine issues such as community-based corrections and privatization, inmate litigation and constitutional issues, and recidivism. Finally, editor Dean Champion offers a perceptive synthesis of the volume by summarizing the serious problems posed by imposition of the U.S. sentencing guidelines. Four appendices provide additional related information for the student and researcher.

Lawyer, judge, banker, classics professor, and councilman, Thomas Mellon greatly influenced the fortunes of his hometown, Pittsburgh, throughout the nineteenth century. In the process, he became one of the city's most important business leaders, and he laid the foundation for a family that would contribute considerably to the city's growth and welfare for much of the next hundred years, becoming one of the world's most recognizable names in industry, innovation, and philanthropy. Through his in-depth examination of the extensive Mellon family archives, in "The Judge "James Mellon--a direct descendent of Thomas Mellon--has fashioned an incisive portrait of the elder Mellon that presents the man in full. Offering a singular and insightful characterization of the Scotch-Irish value system that governed the patriarch's work and life, James Mellon captures the judge's complexities and contradictions, revealing him as a truly human figure.

Among the recent biographies of Pittsburgh's famous businessmen, "The Judge" stands apart from the pack because of the author's unique perspective and his objective and scholarly approach to his subject.

Series Information:
Routledge Research in Gender and Society

The burgeoning of court litigation and the resulting logjams in the judicial system have spawned new ways for attorneys and their clients to resolve disputes quickly and at a lower cost. Alternative dispute resolution is one important way of doing this. Editors Nagel and Mills, along with their contributors, explore the theory and practice of this technique. They demonstrate how to clarify, understand and develop the various options available under alternative dispute resolution, and how to evaluate the probable outcomes. Among the tools available to facilitate dispute resolution are microcomputer-based, rule-based expert systems and, for specific fields of dispute, decision-aiding software.

The editors delineate several ways in which participants in a dispute win or lose. The most desirable are the super-optimum solutions in which all sides come out ahead of their best expectations. They point out that win-win solutions are not as desirable as would seem at first glance since parties only come out ahead relative to their worst expectations. Subject matter for resolution methods include disputes involving family members, neighborhoods, merchants-consumer, management-labor, legislation and foreign countries. Scholars, lawyers and policy-makers will find this book a valuable resource.

A valuable new reference work for students of the Spanish Empire, this dictionary presents biographies of the 172 men who served on the Council of the Indies--the supreme judicial tribunal for Spain's colonial empire--from the time of Philip V's reforms in 1717 to the French invasion in 1808. Based on the extensive documentation contained in Spanish archives and on various secondary sources, it offers a wealth of historical detail on a period that is important both to Spanish history and to the development of the New World.

As scores of death row inmates are exonerated by DNA evidence and innocence commissions are set up across the country, conviction of the innocent has become a well-recognized problem. But our justice system makes both kinds of errors-we acquit the guilty and convict the innocent-and exploring the reasons why people are acquitted can help us to evaluate the efficiency and fairness of our criminal justice system. Not Guilty provides a sustained examination and analysis of the factors that lead juries to find defendants "not guilty," as well as the connection between those factors and the possibility of factual innocence, examining why some criminal trials result in not guilty verdicts and what those verdicts suggest about the accuracy of our criminal process.

This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.