Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.

In The Language of Fraud Cases, Roger Shuy follows the now well-established format of his previous volumes on language and law. He discusses here eight cases that he himself has consulted on, and that illustrate how linguistics can help to solve the various problems that arise in trying to define fraudulent language in the context of law. He examines speech events, schemas, agendas, speech acts, conversational strategies, as well as smaller language units such as sentences, phrases, words, and sounds, and discusses how these can play a major role in deciding fraud cases. The cases chosen for this volume hinge on recorded language evidence, making them particularly relevant for linguistic analysis, and include cases of government contracts, EPA regulations, foreign corrupt business practices, trade secrets, money laundering, securities trading, art theft, and price fixing. Through his examination of these cases, Shuy demonstrates the significant contribution of linguistic analytical methodology to the understanding of language evidence and its success in revealing willful uses of fraudulent language to achieve financial gain.

Research suggests that people of all demographics have nuanced and sophisticated notions of justice. In this intriguing new book, Paul H. Robinson demonstrates that judicial decisions that deviate from public conceptions of justice and desert can seriously undermine the American criminal justice system's integrity and legitimacy by failing to recognize or meet the needs of the communities it serves. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay conceptions of justice, touching many if not most of the issues that penal code drafters or policy makers must face, including normative crime control, universal understandings of justice, culpability, principles of adjudication, grading sentencing, justification defenses, and judicial discretion. Robinson warns that compromising the American criminal justice system to satisfy other interests can uncover hidden the costs incurred when a community's notions about justice are not reflected in its criminal laws. By ignoring the intuitions of justice held by the communities they serve, legislators, policymakers, and judges undermine the relevance of the criminal justice system and reduce its strength and legitimacy, creating a gap between what justice a community needs and what justice a court or law prescribes.

Experts occupy a unique position in the litigation process. The law and the courts give them automatic authority and credibility at the outset. But the greatest challenge for experts as they navigate the court process is to preserve that high level of credibility going forward. In The Expert Expert, author Douglas L. Field presents detailed information to help an expert professional become an effective witness-and keep intact one's reputation as a capable and credible expert witness.

Geared toward physicians, architects, accountants, engineers, and many other professionals, The Expert Expert contains a comprehensive discussion of all aspects of professional expert witness practice-from the history of experts in court to current practices. It discusses how to

understand the anatomy of a tort case;

write a good expert report;

contend with contention;

deal with the opposing attorneys' questions;

give a good deposition;

succeed at trails;

avoid common pitfalls;

ensure getting selected;

deal effectively with social media; and

handle financial and money issues.

Including helpful and meaningful illustrations, The Expert Expert offers everything that either the veteran or aspiring expert needs to attain and maintain success as a professional expert witness.

This fascinating book recounts the compelling stories behind 14 of the most important criminal procedure cases in American legal history. Many constitutional protections that Americans take for granted today-the right to exclude illegally obtained evidence, the right to government-financed counsel, and the right to remain silent, among others-were not part of the original Bill of Rights, but were the result of criminal trials and judicial interpretations. The untold stories behind these cases reveal circumstances far more interesting than any legal dossier can evoke. Author J. Michael Martinez provides a brief introduction to the drama and intrigue behind 14 leading court cases in American law. This engaging text presents a short summary of high-profile legal proceedings from the late 19th century through recent times and includes key landmark cases in which the court established the parameters of probable cause for searches, the features of due process, and the legality of electronic surveillance. The work offers concise explanations and analysis of the facts as well as the lasting significance of the cases to criminal procedure. Includes 20 photographs of key participants and scenes Explains legal principles through engaging, jargon-free prose Connects the importance of the cases to constitutional criminal procedure Explores the impact of Supreme Court decisions

Rape is a fact of life for the incarcerated. Can American society maintain the commitment expressed in recent federal legislation to eliminate the rampant and costly sexual abuse that has been institutionalized into its system of incarceration? Each year, as many as 200,000 individuals are victims of various types of sexual abuse perpetrated in American prisons, jails, juvenile detention facilities, and lockups. As many as 80,000 of them suffer violent or repeated rape. Those who are outside the incarceration experience are largely unaware of this ongoing physical and mental damage-abuses that not only affect the victims and perpetrators, but also impose vast costs on society as a whole. This book supplies a uniquely full account of this widespread sexual abuse problem. Author Michael Singer has drawn on official reports to provide a realistic assessment of the staggering financial cost to society of this sexual abuse, and comprehensively addressed the current, severely limited legal procedures for combating sexual abuse in incarceration. The book also provides an evaluation of the Prison Rape Elimination Act of 2003 and its recently announced national standards, and assesses their likely future impact on the institution of prison rape in America.

An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors and a general assessment of jury performance based on research findings by reputed scholars in the behavioral sciences. "A landmark jury study." --Contemporary Sociology "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." --American Bar Association Journal REID HASTIE has taught at Harvard University, Northwestern University and the University of Colorado (where he was Director of the Center for Research on Judgment and Policy). He is now a Professor of Behavioral Science on the faculty of the Chicago Booth Graduate School of Business and a member of the Center for Decision Research. He has published over 100 articles on topics including judgment and decision making, memory and cognition and social psychology. Hastie is widely recognized for his books on legal decision making: Social Psychology in Court (with Michael Saks, 1978), Inside the Juror (1993) and Punitive Damages: How Juries Decide (2002). STEVEN D. PENROD was a legal officer in the Naval Judge Advocate General Corps from 1971-1973. He was a professor of Psychology at the University of Wisconsin, University of Minnesota and the University of Nebraska. He is currently a Distinguished Professor of Psychology at the John Jay College of Criminal Justice, CUNY. He is the author of Social Psychology (1983). NANCY PENNINGTON, professor of psychology at the University of Colorado, Boulder, is acknowledged for her many publications which include Causal Reasoning and Decision Making: The Case of Juror Decisions (1981).

July 8, 1932, 11 PM. East Austin, an African-American district in Jim Crow Texas. Sixty-year-old Charles Johnson is driving home from Bible study when a car full of young white men swerves in front of him. A brief altercation ensues. Convinced that his life is threatened, Johnson fires his pistol and drives away. Johnson's shot kills the unarmed, eighteen-year-old son of Albert Allison, a prominent cotton landlord, influential in politics, and an advocate for racial justice. Although devastated, Allison personally thwarts a lynch mob and then insists that Austin's courts treat Johnson fairly. Nonetheless, Allison expects fairness to execute his son's killer. Johnson himself expects to be lynched, either by the mob or by the court. "To Defy the Monster" shows how the confluence of unique cultural and historical factors determines Johnson's fate and why Allison orders his family never to speak of the matter.

Principally an abridgement of the transcript of the trial as published in: The Sacco-Vanzetti case. 2nd ed. Mamaroneck, N.Y.: P. P. Appel, 1969; followed by a collection of remarks over the past 80 years about the trial and its significance.

From the author of "Profiling the Criminal Mind" comes these true stories of cold cases and true mysteries. A truly compelling collection of adventures from the files of a career police detective and university professor that takes the reader inside the mysteries and murders that intrigue the author and make the reader listen for "things that go bump in the night." From spies to ghosts to celebrities and the places we like to spend time reading spy and murder mystery adventures, this collection has something for every mind that seeks adventure.

In China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system. Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.

The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations. This unique, timely, and carefully researched monograph examines one such important yet generally under-researched and poorly understood intergovernmental organization, the Organization of Islamic Cooperation ('OIC', formerly the Organization of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorism law-making practice, and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter-Terrorism Stategy goals. Furthermore, it explores two common (mis)assumptions regarding the OIC, namely whether its internal institutional weaknesses mean that its law-making practice is inconsequential at the intergovernmental level; and whether its self-declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law. Where significant normative tensions are discerned between OIC law and UN law, the monograph explores not only whether these may be explicable, at least in part, by the OIC's Islamic nature, and objectives, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications of these findings for international counter-terrorism law- and policy-making. This monograph is expected to appeal especially to national and intergovernmental counter-terrorism practitioners and policy-makers, as well as to scholars concerned with the interaction between international and Islamic law norms. From the Foreword by Professor Ben Saul, The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC, Islamic law, international law, and counter-terrorism. It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter-terrorism enterprise over many decades, and which accelerated markedly after 9/11. The scope of the book is ambitious, its subject matter is complex, and its sources are many and diverse. Dr Samuel has deployed an appropriate theoretical and empirical methodology, harnessed an intricate knowledge of the field, and brought a balanced judgement to bear, to bring these issues to life.

The American legal system is far from perfect. High standards of fairness and equal justice for all are lacking, and conflicts of interest are an integral part of the system 's practitioners. In Law Street, author Wim J.M. Touw discusses the ills of the American legal system and investigates the roots of its dysfunction.

In his analysis Touw argues that American lawyers have lost their moral and ethical moorings; he provides a unique perspective of how American lawyers have manipulated the British common law system for their own financial benefit or to advance their careers. He compares the legal system of the United States with systems in the world 's foremost democracies to illustrate how American jurisprudence has strayed from its mission. Finally, he examines the criminal law system that puts innocent people in jail and explains in detail how the tort system, the contingency fee, and the loser pays laws have turned the once noble profession of lawyering into a profitable, unregulated business corrupting the legal process. Touw argues that what is good for Wall Street is good for Law Street and explains why American bar associations do not provide proper oversight.

With thorough explanations and examples, Law Street tells a story about serious flaws in the American legal system and provides a wake-up call for America 's dysfunctional and often corrupt legal system.

Newtown. Columbine. Virginia Tech. Tucson. Aurora. Gun violence on a massive scale has become a plague in our society, yet politicians seem more afraid of having a serious conversation about guns than they are of the next horrific shooting. Any attempt to change the status quo, whether to strengthen gun regulations or weaken them, is sure to degenerate into a hysteria that changes nothing. Our attitudes toward guns are utterly polarized, leaving basic questions unasked: How can we reconcile the individual right to own and use firearms with the right to be safe from gun violence? Is keeping guns out of the hands of as many law-abiding Americans as possible really the best way to keep them out of the hands of criminals? And do 30,000 of us really have to die by gunfire every year as the price of a freedom protected by the Constitution? In Living with Guns , Craig R. Whitney, former foreign correspondent and editor at the New York Times , seeks out answers. He re-examines why the right to bear arms was enshrined in the Bill of Rights, and how it came to be misunderstood. He looks to colonial times, surveying the degree to which guns were a part of everyday life. Finally, blending history and reportage, Whitney explores how twentieth-century turmoil and culture war led to today's climate of activism, partisanship, and stalemate, in a nation that contains an estimated 300 million guns- and probably at least 60 million gun owners. In the end, Whitney proposes a new way forward through our gun rights stalemate, showing how we can live with guns- and why, with so many of them around, we have no other choice.

The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events. Explains the responsibilities and authority of the United States' many different types of courts and how they fit together Explores major controversies surrounding the U.S. judicial system, including politicization of the courts and bias in the criminal justice system Provides wide-ranging perspectives on the judicial system from reformers, court employees, and scholars Provides a comprehensive annotated list of resources for further reading and research

When Governor Mitch Daniels (Indiana) compared testifying before Congress to getting a root canal, he was being polite. Sitting vulnerably at a witness table under hot television lights while members of the House or Senate stare down at you from above is not just intimidating; it can wreck your career, your company, and your credibility if you say the wrong thing.

As a practical guide to assist witnesses and their organizations in preparing and delivering Congressional testimony, this book is designed for use by anyone or any organization called upon to testify before a committee of Congress, and for those who are providing assistance in preparing the testimony and the witness. This book serves as a guide through the unique maze of the Congressional hearings process for virtually any witness or organization, including federal departments and agencies, the federal judiciary, members and staff of the legislative branch itself, associations, corporations, the military service branches, NGOs, private and voluntary organizations (PVOs), public interest entities, state and local governmental officials and institutions, and individuals who are chosen to appear as a witness before Congress for any reason on any topic.

Similarly, in the world of academics and scholarship, this reference work can be helpful to scholars and writers in think-tanks and research organizations, as well as to faculty, researchers and students engaged in the study of law, business, government, politics, political science and the legislative processes of government.

This book can also serve as a reliable reference source and helpful tool for law, lobbying, government relations, accounting, and other public policy-related service industry professionals who are involved with the Congressional hearings process on behalf of their clients', their customers' and their own public policy, legislative and government relations interests.

"Testifying Before Congress" demystifies the Congressional hearings process, and assists witnesses and their organizations to be well-prepared when appearing before a Congressional committee to testify.

The principles in this book may also be used by those preparing for hearings before federal agencies and international tribunals, as well as state and local governmental bodies. However, the major thrust of this work focuses on the distinct Congressional hearing process and its major elements.

More than 20 endorsers--who include one current and one former governor, a city mayor, corporate CEOs and industry leaders, directors of top law and lobbying organizations, the Chairman of Bank of America, several past and present top government officials and agency directors, a bar association president, law school deans and university leaders, and heads of non-governmental organizations (see all endorsements at the book's web site)-- strongly recommend this book for lobbyists, executives, associations, government officials, academics, and virtually anyone who is called to testify before Congress.

""Testifying Before Congress" is the best "how to" resource that I have seen -- it is well-researched, experience-based, and thoughtfully written, with a dash of humor added for good measure."
- Samuel M. Davis, Dean of the School of Law, The University of Mississippi

Full Table of Contents and endorsements at www.TCNTBC.com

This edited text explores immigration detention through a global and transnational lens. Immigration detention is frequently transnational; the complex dynamics of apprehending, detaining, and deporting undocumented immigrants involve multiple organizations that coordinate and often act across nation state boundaries. The lives of undocumented immigrants are also transnational in nature; the detention of immigrants in one country (often without due process and without providing the opportunity to contact those in their country of origin) has profound economic and emotional consequences for their families. The authors explore immigration detention in countries that have not often been previously explored in the literature. Some of these chapters include analyses of detention in countries such as Malaysia, South Africa, Turkey and Indonesia. They also present chapters that are comparative in nature and deal with larger, macro issues about immigration detention in general. The authors' frequent usage of lived experience in conjunction with a broad scholarly knowledge base is what sets this volume apart from others, making it useful and practical for scholars in the social sciences and anybody interested in the global phenomenon of immigration detention.

Violent video games are successfully marketed to and easily obtained by children and adolescents. Even the U.S. government distributes one such game, America's Army, through both the internet and its recruiting offices. Is there any scientific evidence to support the claims that violent games contribute to aggressive and violent behavior?
Anderson, Gentile, and Buckley first present an overview of empirical research on the effects of violent video games, and then add to this literature three new studies that fill the most important gaps. They update the traditional General Aggression Model to focus on both developmental processes and how media-violence exposure can increase the likelihood of aggressive and violent behavior in both short- and long-term contexts. Violent Video Game Effects on Children and Adolescents also reviews the history of these games' explosive growth, and explores the public policy options for controlling their distribution. Anderson et al. describe the reaction of the games industry to scientific findings that exposure to violent video games and other forms of media violence constitutes a significant risk factor for later aggressive and violent behavior. They argue that society should begin a more productive debate about whether to reduce the high rates of exposure to media violence, and delineate the public policy options that are likely be most effective.
As the first book to unite empirical research on and public policy options for violent video games, Violent Video Game Effects on Children and Adolescents will be an invaluable resource for student and professional researchers in social and developmental psychology and media studies.

THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA GOLD DAGGER FOR NON-FICTION 2021 SHORTLISTED FOR THE INDIE BOOK AWARD FOR NON-FICTION 2022 'Brilliant, passionate and political . . . The Book of Trespass will make you see landscapes differently' Robert Macfarlane 'A remarkable and truly radical work, loaded with resonant truths' George Monbiot The vast majority of our country is entirely unknown to us because we are banned from setting foot on it. By law of trespass, we are excluded from 92 per cent of the land and 97 per cent of its waterways, blocked by walls whose legitimacy is rarely questioned. But behind them lies a story of enclosure, exploitation and dispossession of public rights whose effects last to this day. The Book of Trespass takes us on a journey over the walls of England, into the thousands of square miles of rivers, woodland, lakes and meadows that are blocked from public access. By trespassing the land of the media magnates, Lords, politicians and private corporations that own England, Nick Hayes argues that the root of social inequality is the uneven distribution of land. Weaving together the stories of poachers, vagabonds, gypsies, witches, hippies, ravers, ramblers, migrants and protestors, and charting acts of civil disobedience that challenge orthodox power at its heart, The Book of Trespass will transform the way you see the land. --------------- A GUARDIAN, i AND SPECTATOR BOOK OF THE YEAR