This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He's first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.

This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today's conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.

This volume is a compilation of the U.S. federal special prosecutor/independent counsel investigations spanning the complete twenty-one year tenure from 1978-1999 of the independent counsel statute. The entries include individuals who have served as investigators; those who have been targets of investigations; all attorney generals who have called for appointment of special prosecutors; all presidents during whose terms of office such prosecutors served; and all legal cases that served to argue for or against the constitutionality of the independent counsel statute. These historical precedents are traced from Ulysses Grant's appointment of a special prosecutor to investigate the St. Louis Whiskey Scandal in 1875. More contemporary cases include Watergate, precipitated by Richard Nixon's Saturday Night Massacre dismissal of Special Prosecutor Archibald Cox in 1973; Independent Counsel Lawrence Walsh's Iran-Contra Investigation; and Special Prosecutor Ken Starr's Whitewater investigation of the Clintons and the ensuing permutations which brought individuals like Linda Tripp and Monica Lewinsky to prominence and also brought the statute calling for such investigations into constitutional debate.

The book is fully cross-referenced and contains a comprehensive bibliography and index. It will be of interest to scholars and students of American History and Constitutional History.

While George Fletcher's book, Rethinking Criminal Law, is justly celebrated as the most widely cited and influential book on criminal law, his articles and essays have been comparatively overlooked. But it is in these essays where Fletcher hones and polishes the themes of Rethinking as well as advances new ground. They are critical in understanding the evolution of his views on criminal law. This volume collects, for the first time, a selection of his most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the significance of the respective essay in the development of the criminal law and assess its future significance. The commentators include leading criminal law scholars, philosophers, and a judge. Reflecting Fletcher's comparative law focus, the commentators hail from America, England, and Israel. Preceding these paired sets of essays/critical commentaries is an Introduction that broadly assesses Fletcher's body of work and career in criminal scholarship as well as provides an overview of each essay and critical commentary. Concluding the volume is a new, original essay by Fletcher in which he responds to his critics. Fletcher also reflects back on his six-decade spanning career and takes stock. Fletcher's essay concludes with some speculations as to the trend of future developments in the field. In the enterprise of theoretical criminal law, the essays in this book represent the pinnacle of the thinking of one of the fields' most celebrated scholars.

The Trial of Anne Hutchinson re-creates one of the most tumultuous and significant episodes in early American history: the struggle between the followers and allies of John Winthrop, governor of the Massachusetts Bay Colony, and those of Anne Hutchinson, a strong-willed and brilliant religious dissenter. The controversy pushed Massachusetts to the brink of collapse and spurred a significant exodus. The Puritans who founded Massachusetts were poised between the Middle Ages and the modern world, and in many ways, they helped to bring the modern world into being. The Trial of Anne Hutchinson plunges participants into a religious world that will be unfamiliar to many of them. Yet the Puritans passionate struggles over how far they could tolerate a diversity of religious opinions in a colony committed to religious unity were part of a larger historical process that led to religious freedom and the modern concept of separation of church and state. Their vehement commitment to their liberties and fears about the many threats these faced were passed down to the American Revolution and beyond.

Reacting to the Past is a series of historical role-playing games that explore important ideas by re-creating the contexts that shaped them. Students are assigned roles, informed by classic texts, set in particular moments of intellectual and social ferment.

An award-winning active-learning pedagogy, Reacting to the Past improves speaking, writing, and leadership skills, promotes engagement with classic texts and history, and builds learning communities. Reacting can be used across the curriculum, from the first-year general education class to capstone experiences. A Reacting game can also function as the discussion component of lecture classes, or it can be enlisted for intersession courses, honors programs, and other specialized curricular purposes."

Volume 117 of Terrorism: Commentary on Security Documents, Al Qaeda, the Taliban, and Conflict in Afghanistan, includes recent documents relating to the conflict in Afghanistan against the Taliban and its foreign allies. The volume addresses components of the new approach of integrating political and military strategies to improve Western approaches in the region. The first section of the volume includes documents generated by the North American Treaty Organization. These documents focus on the concept of counter-insurgency as a new approach to war-making. The second section focuses on documents issued by the United Nations: those describing the political side of the military conflict, the human rights situation, and the socio-economic dimension of international efforts. The third section portrays the European Union's role in Afghanistan. The final section includes an overview of recent political and military developments. This collection of documents provides a comprehensive documentary overview of strategies in Afghanistan as of early 2010.

Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.

This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-a-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.

This title, first published in 1984, is a case study of crime and criminal justice in rural, southwestern France in the last century of the Old Regime. Based on extensive research in criminal court records, often the only documentary evidence of the poor and illiterate, the study is a valuable addition both to our knowledge of Old Regime society and to our understanding of its judicial institutions. Rural, Old Regime France seethed with violence. Assault, homicide, and a violence of speech occurred frequently at all levels of society. The author's finding that royal fiscal and judicial officials were recurring targets of this violence additionally contributes to our understanding of the revolutionary events ending the Old Regime. This system, providing in principle for judicial torture and corporal and capital punishments for relatively minor crimes, has long epitomized much that was wrong with pre-revolutionary France. But the law in principle is not the law in practice, and the author finds that both local and appeals courts seldom decreed such measures. This book will be of interest to students of history and criminology.

The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defense counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

Supreme Court interpretations of the Bill of Rights have produced seven constitutional "exclusionary rules." These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction and punishment. The importance of these evidentiary bars cannot be understated. They reflect inevitable tensions between liberty and security.
Constitutional Exclusion, by James J. Tomkovicz contains in-depth analyses of each constitutional doctrine that dictates the suppression of evidence. The text begins with an extensive treatment of the Fourth Amendment exclusionary rule which bars evidence acquired by means of unreasonable searches or seizures. It then addresses three distinct doctrines that suppress confessions---the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda v. Arizona's Fifth Amendment prophylactic presumption that certain confessions are inadmissible, and the Massiah doctrine's Sixth Amendment right to counsel bar to incriminating admissions. Next, the book explains two prohibitions on eyewitness identification evidence, one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, the text explores the exclusion of hearsay commanded by the Sixth Amendment Confrontation Clause.
Constitutional Exclusion analyzes the histories of, justifications for, and the legitimacy of these exclusion doctrines. By juxtaposing the rules and highlighting their distinctive characters, the book sheds new light on topics of vital importance to the administration of criminal justice.

While it is easy to assume that the system of criminal justice in nineteenth-century England was not unlike the modern one, in many ways it was very different, particularly before the series of Victorian reforms that gradually codified a system dependent on judge-made precedent. In the first half of the century capital cases often tried almost summarily, with the accused not being adequately represented and without a system of appeal. There were also fundamental differences in procedure and in the rules of evidence, as indeed there were in attitudes towards crime and criminals. David Bentley has provided an account of the nineteenth-century criminal justice system as a whole, from the crimes committed and the classification of offences to the different courts and their procedure. He describes the stages of criminal prosecution -- committal, indictment, trial, verdict and punishment -- and the judges, lawyers and juries, highlighting significant changes in the rules of evidence during the century. He looks at the reform of the old system and assesses how far it was brought about by lawyers themselves and how far by external forces. Finally, he considers the fairness of the system, both as seen by contemporaries and in modern terms.

Business crime with a corresponding recourse to criminal law and procedure to redress socially unacceptable business conduct continues to rise in many Western countries. In Italy this trend has taken the form of a vast and chaotic collection of special laws, many of them proposed and passed ad hoc in response to specific crimes, and without reference to the Italian Criminal Code or any other systematic body of law. As a result, business activity in Italy is particularly fraught with risk and uncertainty. "Italian Law on Business Crime" is the first book to sort out and organize this mass of legislative material into a coherent and useful body of law. It offers the business person clear assurance that his or her conduct in the course of entrepreneurial or other business activity in Italy will not fall foul of the law. It also provides guidance in identifying and combating the illegal conduct of others that can arise in such areas as taxation and bankruptcy proceedings. Beginning with a detailed background in the elements of Italian criminal law and business crime in general, Professor Di Amato goes on to analyze the particular crimes that can arise in corporate activity, bankruptcy proceedings, matters of taxation and customs duties, transfer of goods, compliance with environmental standards, competition and other market issues, finance, banking, insurance, securities, financial services, and use of negotiable instruments. The book concludes with a concise and valuable description of Italian criminal procedure.

Why do we research unit management in correctional facilities? The research was necessitated by a fundamental need to change the way in which South Africa deals with sentenced inmates. The country boasts one of the highest international recidivism rates. Instead of being a revolving door where shorter-term offenders circulate through the correctional system, or a warehouse where serious offenders are subjected to monotonous empty hours for a lifetime, all correctional systems should actively and meaningfully address recidivism. This means that correctional interventions must contribute to inmate empowerment, resulting in a life without crime. Unit management proves to be a management tool that can facilitate such meaningful contribution. It has been implemented in some international correctional systems but limited international research, mainly from the USA, is available. With their research, the authors uniquely integrate correctional management fundamentals, law, organisational theory, and institutional administrative procedures into one research project. The research aims to lay a foundation for unit management implementation by addressing philosophy, international norms, processes, design, legal principles, risk management, human resources and correctional case studies. These contents deliver evidence of original research that stretches over more than a decade. Unit Management in Correctional Facilities: Law and Administration challenges executive management and the modern-day correctional practitioner on the professional front in terms of accountability, implementation of evidence based correctional best practices and transformation of the correctional system to the ultimate benefit of the offender and the broad society. It aims to equip correctional practitioners, students, lecturers and other academics.

The new edition of 'Unlocking Criminal Law' provides coverage of the Criminal Law curriculum, presented in an innovative, visual format, as well as detailing the latest measures introduced in 2020 in the wake of the Covid-19 crisis. Supported by a website which offers students a host of additional practice opportunities and supporting materials, including a testbank of multiple choice questions designed to help prepare students for the forthcoming Solicitor Qualifying Examination. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost student confidence. They are ideal as either core reading or as a supplement to a denser textbook.

This authoritative book provides a holistic overview of terrorist groups and finances, including consideration of the necessity and differing financial needs of different groups. For over a decade international efforts by law enforcement, government and financial regulatory authorities have been deployed in combatting terrorist financing, in good faith and with dedication beyond reproach. This book surveys the methods of financing of numerous terrorist groups and organisations 'AEi including the Chinese and Asian dimension 'AEi and considers why ultimately international efforts to combat the financing of terror are failing. Nick Ridley expertly illustrates the scale of the problem by first outlining the strategies of anti terrorist financing, the pre and post 9/11 differences in scope and extent of terrorist attacks, the financial support and the national and international efforts to implement and carry out countermeasures. He then goes on to set out a detailed analysis of the apparent failure of such counter measures to date. Including operational case studies and details from the authors own experience, studies and access to law enforcement and private sector sources, this book will prove insightful for undergraduate and postgraduate students studying criminology, history and law disciplines. Those in the legal profession will also find plenty of useful information in this topical compendium.