Contesting Carceral Logic will be of great interest to not only scholars and activists, but also provides an introduction to key carceral issues and debates for students of penology, criminology, social policy, geography, politics, philosophy, social work, and social history programs in countries all around the world.

The problem of preventing mass human-rights violations and atrocity crimes is one of the key issues in international relations. The book presents the capacity of the international community in the field. The available instruments of early warning, preventive diplomacy as well as legal, economic, and military measures of prevention are included. Cases of Chechnya, Rwanda, Cote d'Ivoire and Libya allowed the analysis of international engagement in typical situations involving mass human-rights violations and atrocity crimes related to self-determination, ethnic tensions, power struggles and attempts to overthrow a dictatorship. They show that although the international community has significantly increased its capacity to prevent, it has not created a coherent system of prevention.

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science's impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals-a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science's impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals-a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

* Provides a comprehensive overview of the current state of theory, research, policy, and practice of juvenile risk and needs assessment (JRNA) * Informs future methodology, policy, and practice that will facilitate effective and fair case decisions * Covers JRNA as a set of interrelated pieces for assessing and making decisions about juveniles

The Crisis in the American Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and I agree, that crushing caseloads and court dockets certainly qualify as a crisis, I suggest there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, I propose a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advise regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.

The aim of this book is to present the conditions under which the positive role of supervision over courts and judges can be performed, and to shed light on what conditions have to be fulfilled in order to achieve the goal of creating an impartial and professional judiciary system. The analysis has normative and sociological nature, and is presented from various points of view, including international and national legal systems such as Austria, Denmark, Germany, Poland, Slovakia and Sweden. The research has come to the conclusion that administrative supervision may be used as a feasible instrument for making the courts' activity more effective. It can improve the organization of the courts' adjudication and may lead to an increase in the quality of jurisprudence.

Building Abolition: Decarceration and Social Justice explores the intersections of the carceral in projects of oppression, while at the same time providing intellectual, pragmatic, and undetermined paths toward abolition. Prison abolition is at once about the institution of the prison, and a broad, intersectional political project calling for the end of the social structured by settler colonialism, anti-black racism, and related oppressions. Beyond this, prison abolition is a constructive project that imagines and strives for a transformed world in which justice is not equated with punishment, and accountability is not equated with caging. Composed of sixteen chapters by an international team of scholars and activists, with a Foreword by Perry Zurn and an Afterword by Justin Piche, the book is divided into four themes: * Prisons and Racism * Prisons and Settler Colonialism * Anti-Carceral Feminisms * Multispecies Carceralities. This book will be of interest to undergraduate and postgraduate students, activists, and scholars working in the areas of Critical Prison Studies, Critical Criminology, Native Studies, Postcolonial Studies, Black Studies, Critical Race Studies, Gender and Sexuality Studies, and Critical Animal Studies, with particular chapters being of interest to scholars and students in other fields, such as, Feminist Legal Studies, Animal Law, Critical Disability Studies, Queer Theory, and Transnational Feminisms.

Brings a distinctive and appropriately provocative stance to a growing debate;

Building Abolition: Decarceration and Social Justice explores the intersections of the carceral in projects of oppression, while at the same time providing intellectual, pragmatic, and undetermined paths toward abolition. Prison abolition is at once about the institution of the prison, and a broad, intersectional political project calling for the end of the social structured by settler colonialism, anti-black racism, and related oppressions. Beyond this, prison abolition is a constructive project that imagines and strives for a transformed world in which justice is not equated with punishment, and accountability is not equated with caging. Composed of sixteen chapters by an international team of scholars and activists, with a Foreword by Perry Zurn and an Afterword by Justin Piche, the book is divided into four themes: * Prisons and Racism * Prisons and Settler Colonialism * Anti-Carceral Feminisms * Multispecies Carceralities. This book will be of interest to undergraduate and postgraduate students, activists, and scholars working in the areas of Critical Prison Studies, Critical Criminology, Native Studies, Postcolonial Studies, Black Studies, Critical Race Studies, Gender and Sexuality Studies, and Critical Animal Studies, with particular chapters being of interest to scholars and students in other fields, such as, Feminist Legal Studies, Animal Law, Critical Disability Studies, Queer Theory, and Transnational Feminisms.

This research monograph provides a comparative analysis of juvenile court outcomes, exploring the influence of contextual factors on juvenile punishment across systems and communities. In doing so, it investigates whether, how, and to what extent macro-social context influences variation in juvenile punishment. The contextual hypotheses under investigation evaluate three prominent macro-sociall theoretical approaches: the conflict-oriented perspective of community threat, the consensus-oriented perspective of social disorganization, and the organizational perspective of the political economy of the juvenile court. Using multilevel modeling techniques, the study investigates these macro-social influences on juvenile justice outcomes across nearly 500 counties in seven states-Alabama, Connecticut, Missouri, Oregon, South Carolina, Texas, and Utah. Findings suggest that the contextual indicators under investigation did not explain variation in juvenile court punishment across communities and systems, and the study proposes several implications for future research and policy. This monograph is essential reading for scholars of juvenile justice system impact and reform as well as practitioners engaged in youth policy and juvenile justice work. It is unique in taking a comparative perspective that acknowledges that there is no one juvenile justice system in the United States, but many such systems.

This original approach to value provides a foundation for a new imaginative landscape in philosophy of law. "Value essentialism" identifies value formations such as a sacred cow and scapegoat tandem and the intensification of "oughtness" as it approaches sacred zenith values. Readers learn how Occam's razor has been responsible for the death of many ideas; how the celebrated Other gains nuance as near and remote; and where a spectral assessment of probability and necessity leads. Analyses of Supreme Court cases grow out in different and exciting directions. Bell was not about eugenics, but another iteration of the value of efficiency and Yo Wick was as much about classism as it was about racism. Lochner involved not an ideological binary but three distinct value schemes. "Separate but equal" was refined as parallelism and exploitative tangents. In Brown, the Fourteenth Amendment took a significant subjective turn. In Heller, the communitarian position of stopping violence before it could start could be contrasted with the individualistic position of waiting until you see the whites of their eyes in your bedroom. Citizens United represented the best example of this axiological approach, raising the question: was the First Amendment designed to maximize participation or maximize democracy?

This book examines the role played by domestic and international judges in the "flexibilization" of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin's theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign"in rem"judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed.

The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers.

"Haggai Carmon s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader.
"-Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court

Drawing on qualitative research conducted with young people in New York, this volume highlights the unique experiences of children of incarcerated parents (COIP) and counters deficit-based narratives to consider how young people's voices can inform and improve educational support services. Supporting Children of Incarcerated Parents in Schools combines the author's original research and personal experiences with an analysis of existing scholarship to provide unique insight into how COIP experience schooling in the United States. With a focus on the benefits of qualitative research for providing a more nuanced portrayal of these children and their experiences, the text foregrounds youth voices and emphasizes the resilience, maturity, and compassion which these young people demonstrate. By calling attention to the challenges that COIP face in and out of school, and also addressing associated issues around race and racism, the book offers large and small-scale changes that educators and other allies can use to better support children of incarcerated parents. This volume will be of interest to scholars and researchers interested in the sociology of education, race and urban education, and the impacts of parental incarceration specifically. It will also be of benefit to educators and school leaders who are supporting young people affected by these issues.

Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.

Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides's new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.

This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.

Despite 15 years of reform efforts, the incarceration rate in the United States remains at an unprecedented high level. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry two percent. Why are American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, author Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs," and because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reason sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change. Clearly identifies the real reasons that the wave of post-2000 sentencing reform has had minimal impact on reducing national imprisonment rates Explains why reforms must target the excessive sentences imposed on violent and sexual offenders, even though the members of these offender groups are considered "justifiably punished" by long prison terms in the public eye Enables readers to understand why increased consideration for the well-being of offenders and their families is likely a prerequisite to the acceptance of more fundamental changes to the U.S. sentencing system

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.