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Books > Law > Laws of other jurisdictions & general law > Criminal law
We are enamored with stories about cops, but rarely do we get a chance to walk in the shoes of one while reading about the personal and spiritual battles waged when one is fighting crime. Jim's narrative will pull you into the moment of each crisis. These stories are the material of movies but they happened in real life. Jim will weave his experiences into the truth taught in Scripture. Whether or not you are part of the law enforcement community, you will be entertained by the adventures. Regardless of your relationship with Christ, you will be challenged to do something with the claims made by Jesus. There is engaging action in this book, but the serious purpose is that it will serve as a challenging devotional guide and bring you closer to Christ.
It has long been known that the pathway through the criminal justice system for those with mental health needs is fraught with difficulty. This interdisciplinary collection explores key issues in mental health, crime and criminal justice, including: offenders' rights; intervention designs; desistance; health-informed approaches to offending and the medical needs of offenders; psychological jurisprudence, and; collaborative and multi-agency practice. This volume draws on the knowledge of professionals and academics working in this field internationally, as well as the experience of service users. It offers a solution-focused response to these issues, and promotes both equality and quality of experience for service users. It will be essential reading for practitioners, scholars and students with an interest in forensic mental health and criminal justice.
The slaying of three civil rights workers in Philadelphia, Mississippi, in 1964 was a notorious event documented in Howard Ball's 2004 book Murder in Mississippi. Now Ball revisits that grisly crime to tell how, four decades later, justice finally came to Philadelphia. Originally tried in 1967, Baptist minister and Klansman Edgar Ray Killen was set free because one juror couldn't bring herself to convict a preacher. Now Ball tells how progressive-minded state officials finally re-opened the case and, forty years after the fact, enabled Mississippians to reconcile with their tragic past. The second trial of 80-year-old "Preacher" Killen, who was convicted by a unanimous jury, took place in June 2005, with the verdict delivered on the forty-first anniversary of the crime. Ball, himself a former civil rights activist, attended the trial and interviewed most of the participants, as well as local citizens and journalists covering the proceedings. Ball retraces the cycle of events that led to the resurrection of this "cold case," from the attention generated by the film Mississippi Burning to a new state attorney general's quest for closure. He reviews the strategies of the prosecution and defense and examines the evidence introduced at the trial-as well as evidence that could not be presented-and also relates first-hand accounts of the proceedings, including his unnerving staring contest with Killen himself from only ten feet away. Ball explores the legal, social, political, and pseudo-religious roots of the crime, including the culture of impunity that shielded from prosecution whites who killed blacks or "outside agitators." He also assesses the transformation in Mississippi's life and politics that allowed such a case to be tried after so long. Indeed, the trial itself was a major catalytic force for change in Mississippi, enabling Mississippians to convey a much more positive national image for their state. Ball's gripping account illuminates all of this and shows that,
despite racism's long stranglehold on the Deep South, redemption is
not beyond the grasp of those who envision a more just
society.
Ponzi schemes are a particularly vicious form of financial fraud, in that the overly trusting victims, who are often wiped out, typically share an affiliation with the fraudster. They are interesting, in that they share some features with legitimate financial phenomena (such as stock manias) and shed light on the human tendency towards behaving foolishly, especially when encouraged or modeled by others. In Understanding Ponzi Schemes, Mervyn Lewis has written what is probably the best and most comprehensive book on the topic. Extremely readable, this book uses both theoretical models and real-life case studies to provide readers with an answer to two questions: 'How do Ponzi schemes work and why are they successful?' Lewis also provides useful answers to a third question: 'What can regulators and individuals do to be protected from future incarnations of Charles Ponzi?''' - Stephen Greenspan, University of Connecticut, US and author of Annals of Gullibility'Starting with very readable (and well-referenced) accounts of various Ponzi fraudsters from Ponzi himself through to Madoff and Stanford, lessons are drawn from such diverse disciplines such as psychology and statistical analysis to advocate novel approaches to the regulation of Ponzi schemes. A 'must read' for regulatory policy-makers and a fascinating read for the general reader, Professor Lewis is to be congratulated for advancing the debate on this age-old phenomenon by suggesting distinctive and innovative strategies to tackle it.' - Eva Lomnicka, Dickson Poon School of Law, King's College London, UK 'Readers looking for a clear explanation of how Ponzi schemes work and description of recent and historical examples, both large and small scale, will find that in this very readable book. But the author, Professor Mervyn Lewis, goes well beyond those topics by drawing on behavioural economics and psychology to help understand how 'victims' get caught in such schemes, and the motives and behaviours of the scheme operators. That analysis also provides a valuable checklist for readers to help them avoid becoming victims.' - Kevin Davis, University of Melbourne, Australia A Ponzi scheme is one of the simplest, albeit effective, financial frauds to engineer, and new schemes keep coming forward. Despite this, however, people continue to invest in them. How are we to account for the seemingly never-ending lure of such schemes? In providing answers to this central question, this concise and well-researched book examines how Ponzi schemes operate, how they differ from pyramid schemes, Ponzi finance and other financial arrangements. The author questions whether the victims have only themselves to blame, why fraudsters think that they can avoid detection, and what important insights behavioural finance theory and psychology can add. Particular attention is paid to the reasons behind the failure of financial regulation, and the types of regulatory changes needed to protect investors and avoid repetitions. The analysis is informed by case studies of 11 Ponzi schemes in the US, UK, Australia and New Zealand. Finance and business academics interested in the operation of Ponzi schemes, and how they differ from pyramid schemes, will find this book invaluable, as will students of economics, finance, behavioural decision-making and psychology. Lawyers, psychologists, regulatory agencies and financial institutions will also benefit considerably from the analysis.
Experience Criminal Justice provides an environment for students to apply the foundations of the Criminal Justice system to interactive and assignable activities online. Students will read about the foundations of Courts, Cops, and Corrections in the streamlined, brief text, and then apply those foundations online as they use their own discretionary skills in You Make the Call videos and other online activities. Should officers issue a ticket to every single person who gets caught speeding? Students find out how to make their own decisions and learn that the Criminal Justice system isn't all black and white. Experience Criminal Justice is assignable, tied to student learning outcomes, and is completely integrated with Blackboard. Instructors and students can now access their course content through the Connect digital learning platform by purchasing either standalone Connect access or a bundle of print and Connect access. McGraw-Hill Connect(R) is a subscription-based learning service accessible online through your personal computer or tablet. Choose this option if your instructor will require Connect to be used in the course. Your subscription to Connect includes the following: - SmartBook(R) - an adaptive digital version of the course textbook that personalizes your reading experience based on how well you are learning the content. - Access to your instructor's homework assignments, quizzes, syllabus, notes, reminders, and other important files for the course. - Progress dashboards that quickly show how you are performing on your assignments and tips for improvement. - The option to purchase (for a small fee) a print version of the book. This binder-ready, loose-leaf version includes free shipping. Complete system requirements to use Connect can be found here: http: //www.mheducation.com/highered/platforms/connect/training-support-students.html
The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People's Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.
Because of its eclectic nature, criminal justice can be a difficult discipline to research. This readable guide should help students through the maze of data. "Choice" Lutzker and Ferrall skillfully introduce the student, professor, or researcher to the sources in the field and suggest logical ways of approaching them when doing research. "Reference Books Journal"
This book presents a scholarly examination of some of the most popular psychiatric disorders, psychological syndromes, trauma disorders, addictions, and emotional injury claims in an attempt to determine if these are merely forms of malingering being used to achieve financial gain through litigation, or as a means of escaping criminal or civil responsibility. The book also examines unreliable and unsubstantiated treatment and assessment methods used by the mental health industry which find their way into the courtroom. There has been a significant amount of research (and anecdotal evidence) recently presented in the scientific literature regarding many of the above-mentioned topics. In addition, there is a seemingly neverending parade of legal cases in the media which are examples of some of the topics of this book (e.g., the Andrea Yates case and others). What distinguishes this edited book from others is (1) it does not shy away from confronting the unusual and even bizarre psychological phenomena which the legal profession must deal with; (2) it provides a solid theoretical review from renown psychologists, psychiatrists, and lawyers; (3) it provides the latest psychological research findings relating to various questionable disorders and methods; (4) it presents real-life experiences from the courtroom; and (5) relevant case law is discussed. This book will be of monumental use to practicing attorneys and law students, practicing psychologists and psychiatrists, and students in mental health and criminal justice. The book will allow for a clear understanding of "syndrome" evidence, its uses and abuses, malingering, phony and bogus "diseases" and "addictions," and how patients, clients, and defendants (as well as psychiatrists, psychologists, and lawyers) abuse the mental health and legal systems in order to escape criminal culpability, attain benefits, or make a case.
This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.
Here is Gregory, who spent two years in solitary confinement before he was convicted of any crime; here is Ethiop, who was imprisoned for homicide despite the absence of a murder weapon, a motive, or witnesses to his alleged crime; and here is Mazar, a convicted murderer, who writes poetry, speaks three languages fluently, and has a genius I.Q. Their "War Stories," along with the stories of 13 other students in a Western Civilization class, are chronicled here by the teacher who earned their respect and trust while tracing the paths that brought them together behind the walls of a maximum security prison. Americans are vitally concerned about crime. Politicians call for tougher sentences and larger prisons as the headlines decry the sad state of America's inner cities. Yet, amid this din of strident voices, we seldom hear the testimony of those who can speak most authoritatively about the roots of crime and the efficacy of the criminal justice system. We seldom hear from the convicts and inmates themselves. In this poignant and provocative narrative, a history teacher introduces us to fifteen men in a maximum security prison. The stories told by these prisoners confound the easy categories we employ to judge guilt and innocence: some of the men arouse our indignation, while others compel us to question the workings of the criminal justice system. Some point to the ignorance and prejudice that often lie behind the desire to lock 'em up and throw away the key. Throughout, readers will be confronted with facts from the lives of men who are--sometimes simultaneously--perpetrators and victims of the criminal culture we deplore.
This book presents a comprehensive study of different tools and techniques available to perform network forensics. Also, various aspects of network forensics are reviewed as well as related technologies and their limitations. This helps security practitioners and researchers in better understanding of the problem, current solution space, and future research scope to detect and investigate various network intrusions against such attacks efficiently. Forensic computing is rapidly gaining importance since the amount of crime involving digital systems is steadily increasing. Furthermore, the area is still underdeveloped and poses many technical and legal challenges. The rapid development of the Internet over the past decade appeared to have facilitated an increase in the incidents of online attacks. There are many reasons which are motivating the attackers to be fearless in carrying out the attacks. For example, the speed with which an attack can be carried out, the anonymity provided by the medium, nature of medium where digital information is stolen without actually removing it, increased availability of potential victims and the global impact of the attacks are some of the aspects. Forensic analysis is performed at two different levels: Computer Forensics and Network Forensics. Computer forensics deals with the collection and analysis of data from computer systems, networks, communication streams and storage media in a manner admissible in a court of law. Network forensics deals with the capture, recording or analysis of network events in order to discover evidential information about the source of security attacks in a court of law. Network forensics is not another term for network security. It is an extended phase of network security as the data for forensic analysis are collected from security products like firewalls and intrusion detection systems. The results of this data analysis are utilized for investigating the attacks. Network forensics generally refers to the collection and analysis of network data such as network traffic, firewall logs, IDS logs, etc. Technically, it is a member of the already-existing and expanding the field of digital forensics. Analogously, network forensics is defined as "The use of scientifically proved techniques to collect, fuses, identifies, examine, correlate, analyze, and document digital evidence from multiple, actively processing and transmitting digital sources for the purpose of uncovering facts related to the planned intent, or measured success of unauthorized activities meant to disrupt, corrupt, and or compromise system components as well as providing information to assist in response to or recovery from these activities." Network forensics plays a significant role in the security of today's organizations. On the one hand, it helps to learn the details of external attacks ensuring similar future attacks are thwarted. Additionally, network forensics is essential for investigating insiders' abuses that constitute the second costliest type of attack within organizations. Finally, law enforcement requires network forensics for crimes in which a computer or digital system is either being the target of a crime or being used as a tool in carrying a crime. Network security protects the system against attack while network forensics focuses on recording evidence of the attack. Network security products are generalized and look for possible harmful behaviors. This monitoring is a continuous process and is performed all through the day. However, network forensics involves post mortem investigation of the attack and is initiated after crime notification. There are many tools which assist in capturing data transferred over the networks so that an attack or the malicious intent of the intrusions may be investigated. Similarly, various network forensic frameworks are proposed in the literature.
This handbook presents cutting-edge research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process, and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan, and Japan, among others. This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states, and the Indian system of anticipatory bail; as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process or that now require juries to give reasons for verdicts. The ideal readership for this handbook includes law students, scholars of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice, and privacy will also be interested in the volume's contributions to their fields. Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E. Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M. Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C. Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. Wen
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
Despite being labeled as adults, the approximately 200,000 youth under the age of 18 who are now prosecuted as adults each year in criminal court are still adolescents, and the contradiction of their legal labeling creates numerous problems and challenges. In Courting Kids Carla Barrett takes us behind the scenes of a unique judicial experiment called the Manhattan Youth Part, a specialized criminal court set aside for youth prosecuted as adults in New York City. Focusing on the lives of those coming through and working in the courtroom, Barrett's ethnography is a study of a microcosm that reflects the costs, challenges, and consequences the "tough on crime" age has had, especially for male youth of color. She demonstrates how the court, through creative use of judicial discretion and the cultivation of an innovative courtroom culture, developed a set of strategies for handling "adult-juvenile " cases that embraced, rather than denied, defendants' adolescence.
This highly original work explores a previously unknown financial conspiracy at the start of the American Civil War. The book explains the reasons for the puzzling intensity of Missouri's guerrilla conflict, and for the state's anomalous experience in Reconstruction. In the broader history of the war, the book reveals for the first time the nature of military mobilization in the antebellum United States.
Using New York City as a research model, this study explores the organizational, tactical, and ethical challenges of providing zealous advocacy for every convicted indigent wishing to appeal. David Wasserman, a former staff attorney with New York's Legal Aid Society, examines the unique form of representation that has emerged since the Supreme Court recognized the right to free appellate counsel, and details the conflict between the role of assigned appellate counsel and the demands of an overcrowded and underfunded criminal justice system. As the first study of indigent criminal appellate representation in the United States, this work brings a neglected form of legal service into the mainstream of criminal justice policy analysis. The book is divided into three parts. Through the use of existing research and commentary, Part I analyzes the impact of the Supreme Court's Douglas v. California decision on the appellate courts and representation and on the organization of defense services. Part II offers an empirical study of criminal appeals in New York City, addressing such issues as the quality and impact of appellate defenders and the division of the indigent caseload. In Part III, Wasserman discusses the implications of this research in relation to the analysis of indigent defense developed in Part I, and considers measures for improving the quality of assigned appellate counsel. The work concludes with an appendix listing suggestions for further reading. This study, which provides the only available information on criminal appellate dispositions in New York City, will be an important resource for courses in law and social science, criminal justice, and appellate or trial practice. It will also be useful to the criminal justice community, particularly to public defender and legal aid groups, and appellate judges and their staffs. More than 10.74 million people globally are detained in penal institutions. An estimated 40% to 90% of these detainees suffer from mental illness. This makes the prevalence of mental disorder in detainees extremely high compared with the general population (18% to 29%). As a consequence, defendants and detainees with mental illness are not 'yet another vulnerable group' that should be 'taken into account' in developing laws and policies On the contrary, they are a dominant force and therefore a factor that should shape our criminal justice systems. This edited volume provides insight into the causes of the current situation, the human rights implications and other problems that this situation generates and possible solutions and best practices. The volume comprises an introductory chapter that provides a broad introduction to the topic, seven thematic chapters addressing mental health and criminal justice from various disciplines and fourteen national chapters describing the situation in individual countries. In all these chapters a variety of questions is addressed: Should we at all put mentally ill offenders in prison? Can the human rights perspective and the interests of society perspective on this issue be united? And are mentally ill offenders the responsibility of the health department or of the justice department? This edited volume presents a thorough discussion on these and many more questions with a broader aim of contributing to a continuous effort to place the alarming situation of mentally ill offenders on the international agenda. Plus de 10,74 millions de personnes dans le monde sont detenues dans des etablissements penitentiaires. On estime que 40 a 90 % de ces detenus souffrent d'une maladie mentale. La prevalence des troubles mentaux chez les detenus est donc extremement elevee par rapport a la population generale (prevalence de 18 % a 29 %). Par consequent, les prevenus et les detenus souffrant de troubles mentaux ne constituent pas " un autre groupe vulnerable " qui devrait etre "pris en compte" lors de l'elaboration de lois et de politiques. Au contraire, ils constituent une force dominante, et donc un facteur qui devrait faconner nos systemes de justice penale. Ce volume edite donne un apercu des causes de la situation actuelle, des implications en matiere de droits de l'homme et des autres problemes que cette situation genere, ainsi que des solutions possibles et des meilleures pratiques. L'ouvrage comprend une introduction circonstanciee du sujet, sept chapitres thematiques abordant la sante mentale et la justice penale sous l'angle de diverses disciplines et quatorze chapitres nationaux decrivant la situation dans les differents pays. Diverses questions sont abordees dans chacun de ces chapitres, telles que : faut-il vraiment emprisonner les delinquants souffrant de troubles mentaux? Est-il possible de concilier la perspective des droits de l'homme et celle des interets de la societe sur cette question? Et: les delinquants souffrant de troubles mentaux relevent-ils de la responsabilite du ministere de la Sante ou du ministere de la Justice? Outre la presentation d'un debat approfondi sur ces questions et bien d'autres encore, cet ouvrage vise a contribuer a un effort continu pour inscrire la situation alarmante des malades mentaux a l'ordre du jour international.
In the early 1990s, Chicago, the nation's third largest city,
instituted the nation's largest community policing initiative.
Wesley G. Skogan here provides the first comprehensive evaluation
of that citywide program, examining its impact on crime,
neighborhood residents, and the police. Based on the results of a
thirteen-year study, including interviews, citywide surveys, and
sophisticated statistical analyses, Police and Community in Chicago
reveals a city divided among African-Americans, Whites, and
Latinos. Each faced distinctive problems when community policing
came to Chicago in 1993, and during the next decade the three
communities took different routes. There were tremendous
improvements in the citys predominately African-American districts,
where crime and fear dropped the most. The city's largely white
neighborhoods were already solidly behind the police, yet they too
registered significant gains. Under pressure from immigration, the
Latino population cleaved in two with predominately
Spanish-speaking areas falling behind on multiple measures of
crime, disorder and neighborhood decay. Immigration will only
continue to grow both in Chicago and around the world. Skogan thus
concludes his pathbreaking work with a challenge for the future:
more effective ways of responding to the problems facing the city's
newest immigrants must now be found.
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Alfredo Garcia, who has been both a prosecuting and a defense attorney in criminal processes, reviews the United States Supreme Court's interpretations of the Sixth Amendment--the right to a fair trial--as they have evolved since the 1960s. He determines that the Court, with a few notable exceptions, has demonstrated doctrinal inconsistency and has failed to adhere to the core values embedded in the amendment. Garcia argues that the functional and symbolic roles of the Sixth Amendment have been eroded, and that this is particularly evident in the three clauses that provide defendants the means to respond to charges and to be assured of fair process. The clauses considered specifically involve the right to counsel, the right to confrontation, and the right to compulsory process. The Supreme Court's emphasis in more recent years is perceived to be on efficiency rather than on protecting the ideal of a "fair trial." The six chapters cover the rights to counsel, to confrontation, to compulsory process, to a speedy trial, and to a jury trial, and the sometime conflict between a free press (First Amendment) and the Sixth Amendment assurance of a fair trial free of antecedent prejudicial publicity. This is a timely, much-needed, and substantive examination of the highest court's interpretations of a defendant's constitutional right to a fair, speedy trial. |
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