What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.

This textbook provides an overview for students in Criminology and Criminal Justice about the overlap between the criminal justice system and mental health. It provides an accessible overview of basic signs and symptoms of major mental illnesses and size of scope of justice-involved individuals with mental illness. In the United States, the criminal justice system is often the first public service to be in contact with individuals suffering from mental illness or in mental distress. Those with untreated mental illnesses are often at higher risk for committing criminal acts, yet research on this population continues to shed light on common myths - such a prevailing assumption that those with mental illness tend to commit more violent crimes. Law enforcement agents may be called in as first responders for cases of mental distress; and due to a lack of mental health facilities, resources, and pervasive misconceptions about this population, those with mental illness often end up in the corrections system. In this environment, students in Criminology and Criminal Justice are likely to encounter those with mental illness in their future career paths, and need to be prepared for this reality. This timely work covers the roles of each part of the criminal justice system interacting with mentally ill individuals, from law enforcement and first responders, social services, public health services, sentencing and corrections, to release and re-entry. It also covers the crucial topic of mental health for criminal justice professionals, who suffer from high rates of job stress, PTSD, and other mental health issues. The final section of the book includes suggestions for future research. This work will be of interest to students of criminology and criminal justice with an interest in working in the professional sector, as well as those in related fields of sociology, psychology, and public health. It will also be of interest to policy-makers and practitioners already working in the field. The overall goal of this work is to inform, educate, and inspire change.

Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

"Written for a general audience. . . . Excellent. . . . If enough American judges and law professors read his book, some of the silly rules that he criticizes will be discarded."
"--Judge Richard A. Posner, Times Literary Supplement"

"A beautifully written, finely nuanced work, a marvelous comparative constitutional study of criminal procedure that seeks to understand the larger culture."
"--Lawrence Fleischer, New York Law Journal"

"In a cogent, direct argument, Pizzi inveighs against the triumph of the law of unintended consequences over the law of practicality. . . . An important book."
"--Publishers Weekly"

"Pizzi is certainly convincing in his argument that the American trial system is in dire need of overhaul. "
--"Law Society Journal," July 2002 Rodney King. Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulingsaoften with perverse resultsathe American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world.

William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence.

How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed todegenerate into one so profoundly flawed?

Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice systemaand a prescription for how it can be fixed.

This book locates the rise of illicit drug use within the historical development of late industrial society and challenges the prevailing view. Highlighting key areas of continuity and the on-going value of classic criminological theory, it is argued that recent trends do not constitute the radical departure that is often supposed.

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

One day in 2002, three friends - a Somali immigrant, a Pakistan-born U.S. citizen, and a hometown African American - met in a Columbus, Ohio coffee shop and vented over civilian casualties in the war in Afghanistan. Their conversation triggered an investigation that would become one of the most unusual and far-reaching government probes into terrorism since the 9/11 attacks. Over several years, prosecutors charged each man with unrelated terrorist activities in cases that embodied the Bush administration's approach to fighting terrorism at home. Government lawyers spoke of catastrophes averted; defense attorneys countered that none of the three had done anything but talk. The stories of these homegrown terrorists illustrate the paradox the government faces after September 11: how to fairly wage a war against alleged enemies living in our midst. Hatred at Home is a true crime drama that will spark debate from all political corners about safety, civil liberties, free speech, and the government's war at home.

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

The Criminal Justice System of the Netherlands offers an introduction to our fascinating legal system from a criminal law angle. The book consists of four parts. Part I covers general matters, such as the organization of the Dutch criminal justice system and the latest statistics on crime and punishment. Part II presents the basics of Dutch substantive criminal law and Part III discusses our criminal procedure. Lastly, Part IV focusses on the final stage of the criminal process: sanctions and their enforcement. Throughout the book, authors highlight aspects of the criminal justice system of the Netherlands that would be of specific interest to foreigners. These peculiarities include, for example, the many powers of the Dutch public prosecutor, the Dutch position on euthanasia and our (in)famous drug policy. The book contains several references to case law, websites and more detailed texts (in English where possible) in order to support readers who desire a more thorough understanding of a specific topic. The Criminal Justice System of the Netherlands is recommended to students taking an introductory course on Dutch criminal law or on comparative criminal law. It is, however, also an excellent starting point for foreign researchers who wish to explore the Dutch criminal law system.

'Offender management' for probation means continuing commitment to constructive work with individuals who break the law but in a changing multi-agency context. Providing a comprehensive introduction to criminal justice work, this book negotiates the structures set by law and policy and allows readers to think critically about roles, accountabilities and professional skills and judgement. Looking at key areas of practice and law, including youth justice, human rights and safeguarding children, the book will be essential for students and practitioners in criminal justice and probation studies.

Street Level Narcotics Investigations is a manual for the beginning uniform police officer to the experienced Detective. Geared to be a no nonsense how to guide that is an excellent aid to police academy students beginning their career in law enforcement as well as individuals studying in the Criminal Justice field. This book clearly explains how to complete drug investigations from receiving the informant tip to completing the search warrant. This book gives step-by step methods commonly used to investigate drug related crimes, from targeting the dealers on the street corner to 'Trash Rip" operations and much more. In addition, investigative tricks and techniques are explained that can build upon even the most experienced Detectives knowledge and background. Not only does this book tell you how to complete various drug investigations but also gives you the case law and legal reasoning behind it. This is designed so that the officer conducting the investigation has the case law to back up their investigation or actions. Some of the topics covered in this book are: Probable Cause Call Outs, Informant Operations/Handling, Evidence Collection, Surveillance Methods, Asset Forfeiture Methods/Investigation, Police Intelligence/Investigation, Writing Search Warrants, Trash Rip Operations and much more. Real life examples of actual search warrants and forms used in drug investigations are included for your use. This book is an excellent reference manual that can be used throughout an officer's career or college studies.

This book is an in-depth critique of the USA's dominant political and legal response to "hate crime". The authors show how the media and politicians have constructed a hate crime epidemic without any solid evidence to support it. They argue that hate crime laws make no sense from a law enforcement or criminal justice standpoint, but are only comprehensible as symbolic politics. The well-intentioned effort to denounce prejudice motivated crime may end up dividing the community rather than bringing it together.

There is a growing acknowledgment amongst professionals and academics that we need to develop new responses to crime. This book provides an insight into the first introduction of restorative justice to the criminal justice system in the Republic of Ireland. By analysing six case studies of restorative conferencing events, the authors aim to address the salient question of how restorative conferencing for young offenders can facilitate an exchange process whereby forms of reparation and social regulation may be achieved. The restorative justice process has much to offer, and the authors argue that this concept, particularly as it centres on the greater use of non custodial sentences, will not only bring about changes in the law but also have significant implications for social regulation.

Enhance understanding of criminal Law and clarify complex issues Criminal Law (Longman Law series), 7th Edition, by William Wilson, combines coverage of the core legal principles with discussion of the theories and academic debates that underpin the subject. Enhance your understanding of criminal law and make use of the reading references to pertinent academic articles, hypothetical case examples that clarify complex issues, and end-of-chapter summaries - paving the way for further studies. New to this edition: Two cases on consent in the context of non-fatal offences against the person - Melin (2019) qualifies Richardson (1999) on the effect of fraudulent misrepresentation on apparent consent; R v BM (2018) makes an important clarification of the need for non-clinical forms of body alteration to satisfy the public interest if they are to be lawful In Ivey v Genting (2017), the Supreme Court returned dishonesty to its pre Ghosh (1982) meaning Mitchell (2018) and Tas (2018), typify the persisting problems governing joint enterprise post Jogee (2016). Tas also raises questions about the continued significance of Rafferty (2007) on supervening acts Wallace (2018) raises important questions about the notion of a voluntary act in the context of the chain of causation, an issue most notably raised in Kennedy (2007) Loake v CPS (2017) makes an important clarification of how insanity is a general defence and not limited to crimes of mens rea Ray (2017) affirms the ruling in Collins (2015) on the question of reasonableness in householder cases, and Cheeseman (2019) rules that the householder defence is available to a person who injures another person who had entered a premises lawfully but had then become a trespasser William Wilson is Emeritus Professor of Criminal Law at Queen Mary, University of London, and Course Convenor and Chief Examiner for criminal law on the University of London International Laws Programme. Pearson, the world's learning company.

Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.

The role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge's role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates' justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere. Authors include Judge Jack B. Weinstein, Andrew Ashworth, Mike McConville, and Justice Albie Sachs.

2018 Outstanding Academic Title, given by Choice Magazine A comprehensive examination of developmental inequality among children Developmental equality-whether every child has an equal opportunity to reach their fullest potential-is essential for children's future growth and access to opportunity. In the United States, however, children of color are disproportionately affected by poverty, poor educational outcomes, and structural discrimination, limiting their potential. In Reimagining Equality, Nancy E. Dowd sets out to examine the roots of these inequalities by tracing the life course of black boys from birth to age 18 in an effort to create an affirmative system of rights and support for all children. Drawing on interdisciplinary research, the book demonstrates that black boys encounter challenges and barriers that funnel them toward failure rather than developmental success. Their example exposes a broader reality of hierarchies among children, linked to government policies, practices, structures, and institutions. Dowd argues for a new legal model of developmental equality, grounded in the real challenges that children face on the basis of race, gender, and class. Concluding with a "New Deal" for all children, Reimagining Equality provides a comprehensive set of policies that enables our political and legal systems to dismantle what harms and discriminates children, and maximize their development.

For weeks in 1902 it commanded headlines. All of Wyoming and much of the West followed the trial of Tom Horn for the murder of a fourteen-year-old boy. John W. Davis's book, the only full-length account of the trial, places it in perspective as part of a larger struggle for control of Wyoming's grazing land. Davis also portrays an enigmatic defendant who, more than a century after his conviction and hanging, perplexes us still. Tom Horn was one of the most fascinating figures in the history of the West. Employed as a Pinkerton and then as a range detective, he had a reputation as a loner and a braggart with a brutal approach to law enforcement even before he was accused of murdering young Willie Nickell. Cattlemen saw Horn as protecting their way of life, but most people in Wyoming saw him as a hired assassin, an instrument of oppression by cattle barons willing to use violent intimidation to protect their assets. The story began on July 18, 1901, when Willie Nickell was shot by a gunman lying in ambush; the killer was apparently after Willie's father, who had brought sheep into the area. Six months later Tom Horn was arrested. The trial pitted the Laramie County district attorney against a crack team of defense lawyers hired by big cattlemen. Against all predictions, the jury found Horn guilty of first-degree murder. Despite appeals that went all the way to the state supreme court and the governor, Horn was hanged in Cheyenne in 1903. The trial and conviction of Tom Horn marked a major milestone in the hard-fought battle against vigilantism in Wyoming. Davis, himself a trial lawyer, has mined court documents and newspaper articles to dissect the trial strategies of the participating attorneys. His detailed account illuminates a larger narrative of conflict between the power of wealth and the forces of law and order in the West.

The author attempts to give a comprehensive story of the Old Bailey, and the colorful part it played in the criminal history and administration of justice in England.