2010 Honorable Mention, Silver Gavel Award, American Bar Association Uncovers the powerful and problematic practice of snitching to reveal disturbing truths about how American justice works Albert Burrell spent thirteen years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. After being released by Chicago prosecutors, Darryl Moore-drug dealer, hit man, and rapist-returned home to rape an eleven-year-old girl. Such tragedies are consequences of snitching-police and prosecutors offering deals to criminal offenders in exchange for information. Although it is nearly invisible to the public, criminal snitching has invaded the American legal system in risky and sometimes shocking ways. Snitching is the first comprehensive analysis of this powerful and problematic practice, in which informant deals generate unreliable evidence, allow criminals to escape punishment, endanger the innocent, compromise the integrity of police work, and exacerbate tension between police and poor urban residents. Driven by dozens of real-life stories and debacles, the book exposes the social destruction that snitching can cause in high-crime African American neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. Natapoff also uncovers the far-reaching legal, political, and cultural significance of snitching: from the war on drugs to hip hop music, from the FBI's mishandling of its murderous mafia informants to the new surge in white collar and terrorism informing. She explains how existing law functions and proposes new reforms. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

"Tried as an adult." The phrase rings with increasing frequency through America's courtrooms. In Michigan, an 11-year-old is charged with first-degree homicide in the shooting death of a playmate. A mentally disabled boy in Florida faces armed robbery and extortion charges that could bring 30
years in prison for stealing $2 worth of food. Faith in childhood, and its corollary that separate courts are required for children because they are developmentally different from adults, appears to be vanishing. Almost forgotten in this climate--in which a New York Times' headline boldly announced
that the "Fear of Crime Trumps the Fear of Lost Youth"--is the fact that the juvenile court is one of America's most influential legal inventions.
Long before the crimes of the young became a national preoccupation, Americans struggled with many of the same questions posed by today's aggressive sentencing of minors. What is the legal status of children? Does a particularly horrific crime merit a commensurately severe response, regardless of
the age of the offender? Who belongs in juvenile court, and what is its exact purpose?
In his engaging narrative history of the rise and workings of America's first juvenile court, David S. Tanenhaus explores the fundamental and enduring question of how the law should treat the young. Sifting through almost 3,000 previously unexamined Chicago case files from the early twentieth
century, Tanenhaus reveals how children's advocates slowly built up a separate court system for juveniles, all the while fighting political and legal battles to legitimate this controversial institution. In the process, the juvenile court became a catalyst for thedevelopment of the American welfare
state, the medicalization of child rearing, and the beginnings of innovative community organizing programs.
Today, as America's treatment of juvenile offenders becomes increasingly draconian, the United States, once a leader in the international crusade to secure justice for children, is now in this respect effectively a rogue nation. Harkening back to a more hopeful and nuanced age Juvenile Justice in
the Making provides a valuable historical framework for thinking about youth policy.

This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan's contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.

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.

"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.

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 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.

Globally, millions of people suffer health and socio-economic related problems due to the unavailability of controlled essential medicines such as morphine for pain treatment, which leaves them in disabling and sometimes degrading situations. Controlled essential medicines are medicines included in the World Health Organization's List of Essential Medicines, and whose active substance is listed under the international drug-control treaties. Their availability and accessibility therefore fall within the remit of both human rights and international drug-control law. Even though the unavailability of controlled essential medicines is generally caused by a multifaceted and complex interplay of factors, the current international drug-control framework paradoxically hinders rather than fosters the access to medicines.Human Rights and Drug Control analyses a human rights interpretation of the international drug-control framework with an emphasis on advancing the access to controlled essential medicines in resource-constrained countries. Its approach goes beyond the more conventional legal analysis and includes an ethical analysis as well as two case studies in Uganda and Latvia. It first aims to identify a human rights foundation of drug control by examining how human rights norms would balance the underlying tension: some controlled substances have a clear, evidence-based medical benefit, yet also have the potential to be misused, which may lead to dependency disorders. This makes it evident that States should regulate this delicate equilibrium, the challenge being how they can do so legitimately in light of human rights norms.Having explored this premise in the context of human rights law and theory, this book then applies these findings to Uganda and Latvia, two 'best practice' countries when it comes to improving the accessibility of morphine for pain treatment. Relying on qualitative research methods, the study explores whether the human rights basis of drug-control regulation may be adequately integrated into the structures of the present international drug-control system. It specifically deals with various technical, administrative and procedural obligations relating to the import/export and retail trade of controlled medicines. The book concludes with a proposal on how a human rights approach to drug-control may be advanced, specifically highlighting the importance of reconciling international obligations with the local reality in which these obligations come into play.

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 fiftieth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court from 2009-2010. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series: http://www.annotatedleadingcases.com/about.aspx.

Ethical values in computing are essential for understanding and maintaining the relationship between computing professionals and researchers and the users of their applications and programs. While concerns about cyber ethics and cyber law are constantly changing as technology changes, the intersections of cyber ethics and cyber law are still underexplored. Investigating Cyber Law and Cyber Ethics: Issues, Impacts and Practices discusses the impact of cyber ethics and cyber law on information technologies and society. Featuring current research, theoretical frameworks, and case studies, the book will highlight the ethical and legal practices used in computing technologies, increase the effectiveness of computing students and professionals in applying ethical values and legal statues, and provide insight on ethical and legal discussions of real-world applications.

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.

Acquiring competences for the creation of criminal offences begs the question of legitimacy. The European criminal justice system already has such competences and many instruments define criminal offences. The legality principle is a cornerstone doctrine for legitimising criminal norms in Western legal systems. Despite already being part of the European legal order, this principle lacks a coherent theoretical and normative blueprint that shows how it should be conceived in European criminal law.This book develops such a theory for the principle of legality in European criminal law. The focus is on the legitimising and normative functions of this principle. The reader shall find a proposal for a theoretical framework that legitimises European criminal law and the accompanying normative requirements of criminal liability. Questions such as the precision of European and national implementing norms, the position of case law as a source of law and the scope of interpretative powers of European and national courts are addressed. The book uses comparative research into national systems and modern theories of criminal law to build a framework for the principle of legality. This is then instilled with special characteristics of the European legal order, such as the multi-level system of authorities and sources, pluralism and freedom of movement.

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.

The book Criminal proceedings, languages and the European Union: linguistic and legal issues the first attempt on this subject deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level.

In this "scenario," the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V)."

With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science-it rejects it instead, resisting it vigorously. The question at the heart of this book is why. "" Eyewitness identifications procedures using simultaneous lineups-showing the witness six persons together,as police have traditionally done-produces a significant number of incorrect identifications. "" Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect's guilt significantly increase the prospect of an innocent person confessing falsely. "" Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error - an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer. Justice demands no less. Visit the author's blog here.

Considering the question of how levels of security allow state power to be increased to the point at which it infringes essential civil liberties, this book explores the creeping power of the executive and the unfeasibility of widespread use of the Human Rights Act as a bulwark against the oppressive use of state power.