Patricia Rosier died at her home in Fort Myers, Florida, in January of 1986, having sought the help of her prominent physician husband, Peter, to end her cancer-ravaged life with some measure of dignity. By November 1987, Peter had been indicted for first degree murder and faced death in Florida's electric chair. How could it happen? How does a loving husband and father get charged with first degree murder? This compelling true story shows just how easy it is in America's legal system. "Euthanasia" remains a crime in Florida and in most other states, yet the majority of such "criminals" are never prosecuted. But Dr. Rosier was singled out because he "confessed", both in a television interview and in writing, to believing in euthanasia and to assisting his wife's suicide. In Murder of Mercy every heart-pounding moment of Dr. Rosier's legal ordeal is vividly captured by famed trial attorney Stanley M. Rosenblatt, who, together with his wife and law partner, Susan, represented the accused. Describing an intriguing array of legal twists and turns, this riveting book is more than just gripping courtroom drama. Find out why Patricia's father and brothers sought immunity before they would testify. Feel the rush, the exhilaration, of planning defense strategy: How could anyone explain away Dr. Rosier's confessions? Could the Fort Myers judge be persuaded to change the location of the trial? Should Peter Rosier testify in his own defense? The powerful arguments of the State and the defense are laced with ridicule, sarcasm, and scorn: each side accusing the other of treacherous character assassination. Rosenblatt's penetrating assessment of judges, the use of expert witnesses, the exclusion ofrelevant evidence, attorney-client privilege, and the granting of immunity serve as the foundation for a searing critique of America's criminal justice system and the society it is designed to protect.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

"This book explores the origins of the so-called "punitive turn" in penal policy across Western nations over the past two decades. It demonstrates how the context of neoliberalism has informed penal policy-making and argues that it is ultimately neoliberalism which has led to the recent intensification of punishment"--

This book discusses how to deal ethically with people with Fetal Alcohol Spectrum Disorder (FASD) in the police, courts and correctional services. Ethical and legal issues associated with the deficits of individuals with a brain disorders such as FASD are surfacing more and more frequently in criminal proceedings. People with FASD often have not been diagnosed and rarely exhibit any visible evidence of the disorder. It has been argued that this invisible disability puts them in a disadvantaged position in the justice system, since the awareness of this condition is limited. The need to identify and to address FASD more effectively and the many ethical issues this raises within the context of the law is increasingly acknowledged within judicial and legislative branches, as well as in government departments, agencies and community programs that provide services to those with FASD and their caretakers and families. This is the first book to give to elaborate on ethical and legal issues of FASD.

Vast amounts of data are nowadays collected, stored and processed, in an effort to assist in making a variety of administrative and governmental decisions. These innovative steps considerably improve the speed, effectiveness and quality of decisions. Analyses are increasingly performed by data mining and profiling technologies that statistically and automatically determine patterns and trends. However, when such practices lead to unwanted or unjustified selections, they may result in unacceptable forms of discrimination. Processing vast amounts of data may lead to situations in which data controllers know many of the characteristics, behaviors and whereabouts of people. In some cases, analysts might know more about individuals than these individuals know about themselves. Judging people by their digital identities sheds a different light on our views of privacy and data protection. This book discusses discrimination and privacy issues related to data mining and profiling practices. It provides technological and regulatory solutions, to problems which arise in these innovative contexts. The book explains that common measures for mitigating privacy and discrimination, such as access controls and anonymity, fail to properly resolve privacy and discrimination concerns. Therefore, new solutions, focusing on technology design, transparency and accountability are called for and set forth.

Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of self-determination and the harm principle are the standards to which privacy issues should be litigated. Hardaway contends that privacy issues should be litigated under the standards of the Ninth Amendment to the U.S. Constitution adjudication model, concepts of self-determination, and the harm principle. The Ninth Amendment follows the true beliefs of the founding fathers and their adherence to Natural Law, autonomy, liberty, and the right to privacy. This model needs to replace the substantive due process analysis in the realm of personal autonomy issues used by the courts. The recognition of self-determination and the harm principle will provide individuals with the constitutional protection of rights the founding fathers thought to be imperative to an ordered liberty. By seeking to explain American policy on victimless crimes of which drug use is one, Hardaway seeks to stir a vigorous constitutional debate. As he shows, prostitution and gambling raise similar issues, and he questions whether criminalization serves the interests of society. In examining drug use, prostitution, and gambling, Hardaway compares the policy rationales for each of these societal problems with a view towards creating a general theory of decriminalization. An important analysis for scholars, students, researchers, and public policy makers involved with constitutional law and contemporary criminal law concerns.

Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.

This brand new edition of "Death Penalty Cases" makes the most manageable comprehensive resource on the death penalty even better. It includes the most recent cases, including Kennedy v. Louisiana, prohibiting the death penalty for child rapists, and Baze v. Rees, upholding execution by lethal injection. In addition, all of the cases are now topically organized into five sections: * The Foundational Cases * Death-Eligibility: Which persons/crimes are fit for the death penalty? * The Death Penalty Trial * Post-conviction Review * Execution Issues The introductory essays on the history, administration, and controversies surrounding capital punishment have been thoroughly revised. The statistical appendix has been brought up-to-date, and the statutory appendixhas beenrestructured. For clarity, accuracy, complete impartiality and comprehensiveness, there simply is no better resource on capital punishment available.

* Provides the most recent case material--no need to supplement. * Topical organization of cases provides a more logical organization for structuring a course. * Co-authors with different perspectives on the death penalty assures complete impartiality of the material. * Provides the necessary historical background, a clear explanation of the current capital case process, and an impartial description of the controversies surrounding the death penalty * Provides the latest statistics relevant to discussions on the death penalty. * Clearly explains the different ways in which the states process death penalty cases, with excerpts of the most relevant statutes."

This edited collection speaks to and expands on existing debates around incarceration. Rather than focusing on the bricks and mortar of institutional spaces, this volume's inventive engagements in 'thinking through carcerality' touch on more elusive concepts of identity, memory and internal - as well as physical - walls and bars. Edited by two human geographers, and positioned within a criminological context, this original collection draws together essays by geographers and criminologists with a keen interest in carceral studies. The authors stretch their disciplinary boundaries; tackling a range of contemporary literatures to engage in new conversations and raising important questions within current debates on incarceration. A highly interdisciplinary project, this edited collection will be of particular interest to scholars of the criminal justice system, social policy, and spatial carceral studies.

The voluntary sector has a long history of involvement in criminal justice by providing a variety of services to offenders and their families, victims and witnesses. This collection brings together leading experts to provide critical reflections and cutting edge research on the contemporary features of voluntary sector work in criminal justice. At a time when the voluntary sector's role is being transformed, this book examines the dynamic nature of the voluntary sector and its responses to current uncertainties, and some of the conflicting positions with regards to its present and future role in criminal justice work. It also examines the potential impact of economic, political and ideological trends on the role and remit of voluntary sector organisations which undertake criminal justice work.

The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law's normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers' critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English law's focus on process and judgment on individual questions.

This book provides a fresh look at the way the United States is choosing to deal with some of the serious or persistent youth offenders: by transferring juvenile offenders to adult courts. For more than 20 years now, the attitude in some jurisdictions has been "if you're old enough to do the crime, you're old enough to do the time." After two decades of applying this increasingly punitive mindset to juvenile offenders, it is possible to see the actual consequences of transferring more and younger offenders to adult courts. In Do the Crime, Do the Time: Juvenile Criminals and Adult Justice in the American Court System, the authors apply their decades of experience, both in the practical world and from unique research perspectives, to shed light on the influence of public opinion and the political forces that shape juvenile justice policy in the United States. The book provides a fresh look at the way the United States is choosing to deal with some of the serious or persistent juvenile offenders, utilizing real-life examples and cases to draw connections between transfer policies and individual outcomes.

Over the years, numerous tragic events serve as a reminder of the extraordinary power of extremism, both on a religious and secular level. As extremism confronts society on a daily basis, it is essential to analyze, comprehend, and define it. It is also essential to define extremism narrowly in order to avoid the danger of recklessly castigating for mere thoughts alone. Tolerating Intolerance provides readers with a focused definition of extremism, and articulates the tensions faced in casting an arbitrary, capricious net in an effort to protect society, while offering mechanisms to resolve its seemingly intractable conundrum. Professor Guiora examines extremism in six different countries: Germany, Israel, the Netherlands, Norway, the United Kingdom, and the United States through interviews with a wide range of individuals including academics, policy makers, faith leaders, public commentators, national security and law enforcement officials. This enables both an in-depth discussion of extremism in each country, and facilitates a comparative analysis regarding both religious and secular extremism.

In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech.
The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial.
Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.

Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, and post-state socialist. Part I sets out the research methodology and analysis of the baseline requirements that, according to ECHR case law, have an impact on the rights of the accused. In addition to the general fair trial rights (the presumption of innocence, the right to silence, equality of arms, and the (conditional) right to release pending trial) the rights explored include: the right to information, the right to legal assistance and legal aid, and a number of procedural rights (the right to adequate time and facilities to prepare a defense, participation rights, the right to free interpretation and translation, and the right to reasoned decisions and to appeal). Part II consists of a description and critical analysis of access to effective criminal defense in the nine countries examined. Part III includes a cross-jurisdictional analysis of compliance, in law and in practice, with the ECHR requirements. It also contains an analysis of how they interrelate, and of whether structures, systems, and legal cultures exist to enable individuals to effectively exercise these rights. This book contributes to implementation of the rights of suspects and defendants to a real and effective defense, especially for those who lack the means to pay for legal assistance themselves. The recommendations are designed to contribute to the development of meaningful policies and processes that will help to ensure effective criminal defense across the EU. The book is essential reading for academics, researchers, students, defense lawyers, and policy-makers in the area of criminal justice in Europe.

Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim's rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims' rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims' rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court's doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims' rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model-which conceived the criminal process as a competition between prosecution and defense-served to limit victim participation. This study examines how conceptions of victims' rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims' rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims' rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims' rights in Colombia.

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law s provenance, in other words its historical DNA."

Courts are constantly required to know how people think. They may have to decide what a specific person was thinking on a past occasion; how others would have reacted to a particular situation; or whether a witness is telling the truth. Be they judges, jurors or magistrates, the law demands they penetrate human consciousness. This book questions whether the arm-chair psychology' operated by fact-finders, and indeed the law itself, in its treatment of the fact-finders, bears any resemblance to the knowledge derived from psychological research. Comparing psychological theory with court verdicts in both civil and criminal contexts, it assesses where the separation between law and science is most acute, and most dangerous.

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions' they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent. Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of the fundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rules of strict liability and evidential presumptions. The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author's substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

African-American Males and the US Justice System of Marginalization provides an overview of the economic and social status of African-American males in America, which continues to deteriorate at an alarming rate. Weatherspoon posits that in every American institutional system, from birth to death, the journey of African-American males to achieve racial justice and equity in this country is ignored, marginalized, and exploited. The American justice system, in particular, has permitted and in some cases sanctioned the marginalization of African-American males as full citizens. Weatherspoon examines the idea that African-American males are disproportionately represented in every aspect of the criminal justice system, and that the marginalization of African-American males in America has a long and treacherous history that continues to negatively impact their economic, political, and social status.