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.

Thinking About Criminal Justice: A Reader helps students cultivate greater levels of critical thinking skills and question long-standing criminal justice policies and aspects of the criminal justice system. The anthology presents readers with a tool called a Critical Thinking Scan (CTS), which challenges them to analyze the readings in the text from various angles and to focus internally to push through their innate personal biases and consider new ideas and viewpoints. The anthology is organized into four distinct units. Unit I introduces critical thinking as an essential part of criminal justice and addresses issues of racialized bias and injustice within the discipline. Unit II invites student to consider the types of assumptions they make about the seriousness of certain types of crime and how these assumptions shape their points of view. The readings examine white supremacist terror, cybercrime, and voter fraud. In Unit III, students learn about the intersection of racism, sexism, and the criminal justice system. The final unit addresses good citizenship and the modern call for criminal justice reform with articles that address police-community interactions, sex work, sex trafficking, wrongful convictions, cash bail, and the War on Drugs. Throughout, students are encouraged to apply the CTS method developed by the editor to ask questions, acknowledge bias, reason through logic, diversify thought, and exhibit fair-mindedness. Thinking About Criminal Justice is a thought-provoking and essential reader for programs and courses in the discipline.

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.

In 1987, the United States Supreme Court decided a case that could have ended the death penalty in the United States. Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today. McCleskey's case resulted in one of the most important Supreme Court decisions in U.S. history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case currently marks the last time that the Supreme Court had a realistic chance of completely striking down capital punishment. As such, the case also marked a turning point in the death penalty debate in the country. Going back nearly four centuries, this book connects McCleskey's life and crime to the issues that have haunted the American death penalty debate since the first executions by early settlers through the modern twenty-first century death penalty. Imprisoned by the Past ties together three unique American stories. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.

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.

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.

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.

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 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.

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.

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.

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.

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.

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.

In the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory regimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights' audit. Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - 'Civil Recovery'; Money Laundering and the Professions

This title examines race, ethnicity, crime and criminal justice in the Americas and moves beyond the traditional focus on North America to incorporate societies in Central America, South America and the Caribbean.

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.