The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with two major European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences.

This fifty-second volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court 16 July 2010-1 August 2011. 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

John Rebus stands accused: on trial for a crime that could put him behind bars for the rest of his life. Although it's not the first time the legendary detective has taken the law into his own hands, it might be the last. What drove a good man to cross the line? Or have times changed, and the rules with them? Detective Inspector Siobhan Clarke faces Edinburgh's most explosive case in years, as a corrupt cop goes missing after claiming to harbour secrets that could sink the city's police force. But in this investigation, it seems all roads lead to Rebus - and Clarke's twin loyalties to the public and the police will be tested to their limit. A reckoning is coming - and John Rebus may be hearing the call for last orders...

The policing of pornography remains the subject of widespread and ongoing controversy. This book provides a history of this policing which is geared towards understanding the current debate. The authors demonstrate that obscenity law cannot be understood negatively as censorship and must instead be seen as part of the positive administration of a particular practice of sexuality. They also argue that pornography itself should be described negatively as a mere representation of real sex but positively as a real practice of sex using representations. This history indicates that obscenity law is not, as liberals claim, a mistaken attempt to police moral ideas, but rather forms part of the legitimate governmental regulation of a problematic social conduct. At the same time it asks whether feminists might not be mistaken in attributing this conduct to the nature of the male imagination.

The American legal system changed dramatically when the O. J. Simpson trial became a television-ratings bonanza. Now it's all crime, all the time, from tabloid news to police procedurals. Americans now know more about the criminal justice system than ever before. Or do they?
In" Mistrial," Mark Geragos and Pat Harris argue precisely the opposite: In pursuit of sensationalism, the public sees only a small, distorted sample of what really happens in our courtrooms. Geragos and Harris debunk the myth of impartial American justice--from stealth jurors who secretly swing for a conviction to cops who regularly lie on the witness stand. Ultimately, the authors question whether a justice system model drawn up two centuries ago is still viable today.
Geragos and Harris are legal experts and prominent criminal defense attorneys who have worked on everything from celebrity media circuses to equally compelling cases defending individuals desperate to avoid the spotlight. "Mistrial "gives a behind-the-scenes peek that reveals their most fascinating cases, enthralling legal eagles and armchair litigators alike--as it blows the lid off what really happens in a courtroom.

Dalton combines the scholarly literature on public law and judicial impact with recent studies of policy implementation at the state level. He emphasizes the underlying constitutional, organizational, psychological, and political factors that shape public policy outcomes, arguing that a sound grasp of these factors can lead to an understanding of the gap between theory and practice in democratic politics. He examines the historical development and revision of the U.S. Supreme Court civil liberties rulings from the 1960s to the early 1980s as well as executive and congressional policy to regulate criminal records privacy. He also underscores the importance of the intergovernmental context in which state officials act as both leaders and intermediaries in the implementation of national policies. Dalton then combines these elements of analysis into a general theory of legitimation in order to render the significance of criminal justice policy for the American political system understandable as a whole.

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 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.

Extended Confiscation in Criminal Law provides a comprehensive analysis of the most recent developments in the field. With its main focus on the EU, this multi-faceted study enhances the reader's understanding of the strategy of confiscating assets, giving detailed answers to the questions of how the confiscation regimes could be improved and which changes are proportionate to the objectives pursued.The book begins by examining extended confiscation from the national perspective, presenting the substantive criteria for this power of confiscation. It focuses on three main jurisdictions - England and Wales, Germany and Sweden - and explores how domestic legislation is drafted and applied in their differing models. Analysing Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, it seeks to answer the questions of whether harmonisation truly increases efficiency or if other reforms may be more effectively. Furthermore, this book considers whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of fundamental human rights.The notion of extended confiscation is then set in its broader context, looking from an international perspective. A holistic analysis of the regime for handling transnational confiscation cases is given, asking if it is possible to trace and search for assets abroad, or execute final orders in other states.This book is of great interest for academics as well as national and international legislators. It may also be used as a handbook for practitioners handling cross-border confiscation cases.

This volume of "Studies in Law, Politics, and Society" contains a Special Issue on crime and criminal justice. It brings together the work of scholars whose work usefully illuminates central questions in about how we define and process those who violate the criminal law and about the technologies of policing and punishment. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

In 2015 the College of Policing published its Leadership Review with specific reference to the type of leadership required to ensure that the next generation of Chief Constables and their management approach will be fit for purpose. Three key issues were highlighted as underpinning the effective leadership and management of contemporary policing: hierarchy, culture and consistency. Yet these are not just relevant to modern policing, having appeared as constant features, implicitly and explicitly, since the creation of the first provincial constabularies in 1835. This collection reviews the history of the UK Chief Constable, reflecting on the shifts and continuities in police leadership style, practice and performance over the past 180 years, critiquing the factors affecting their operational management and how these impacted upon the organization and service delivery of their forces. The individuality of Chief Constables significantly impacts on how national and local strategies are implemented, shaping relationships with their respective communities and local authorities. Importantly, the book addresses not just the English experience but considers the role of Chief Constables in the whole of the United Kingdom, highlighting the extent to which they could exercise autonomous authority over their force and populace. The historical perspective adopted contextualises existing considerations of leadership in modern policing, and the extensive timeframe and geographical reach beyond the experience of the Metropolitan force enables a direct engagement with contemporary debates. It also offers a valuable addition to the existing literature contributing to the institutional memory of UK policing. The contributors represent a range of disciplines including history, law, criminology and leadership studies, and some also have practical policing experience.

In 2003 Governor George Ryan cleared Illinois' death row, pardoning four death penalty inmates who said their confessions had been tortured out of them. He then commuted the death sentences of the remaining 156 death-row inmates to life in prison - a move unprecedented since capital punishment was reinstated in America. But Ryan's move was only the most dramatic at a time when it seems that everyday we read of a new prisoner released because of new evidence, police misconduct, or a host of other miscarriages of justice. While the American legal system is based on the tenet that accused persons are considered innocent until proven guilty, a close look at many cases reveal that this is often far from the truth. story of just such wrongful conviction cases. Based upon interviews with more than 200 people and reviews of hundreds of internal case files, court records, smoking-gun memoranda and other documents, Scott Christianson gets inside the legal cases and displays them through documents and images of the people and evidence involved. He reveals the mistakes, abuses and underlying factors that led to miscarriages of justice, including the presumption of guilt, mistaken identification, eyewitness perjury, ineffective assistance of counsel, police misconduct, prosecutorial misconduct, and forensics, while also describing how determined prisoners, post-conviction attorneys, advocates and journalists struggled against tremendous odds to win their exonerations. their innocence to the courts. Others have had their convictions reversed and the charges against them dismissed, and still others have been awarded civil damages after the state conceded their innocence. The result is a brief and powerful work that recounts the human costs of a criminal justice system gone awry, and reminds us that wrongful convictions can - and do - happen.

Proposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people. The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent people are themselves responsible for finding the facts that could exonerate them. Though the poor are represented by public defenders-in fact, almost no one who is charged with a crime has enough money to pay for a complete defense-it is still accused people, not public officials, who bear the entire burden of proving their innocence. Tim Bakken believes that reform of the three-hundred-year-old adversarial system is long overdue, and that the government should be responsible for searching for truth-exonerating facts for innocent people-rather than being satisfied with due process. While it is improbable that all the facts in any case will ever be known, the essential point is that the acquisition of facts will almost always benefit an innocent person who has been accused of a crime. Featuring compelling evidence and concrete steps for reform, The Plea of Innocence is at once sensible and revolutionary, a must-read for anyone invested in restoring truth to the justice system.

Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.

The backdrop to Bridging Divides in Transitional Justice is Cambodia's history of radical Communist revolution (19751979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments for close to three decades. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalised criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC forms part of the panoply of international criminal courts of the post-Cold War era. The book engages with the dissonance between the expressivism of idealised international criminal trials and their communicative or discursive value within the societies most affected by their operation. An alternative view of the transitional trial is posited as the author elucidates the limits of expressivism and explores the communicative dynamics of ECCC trial procedure which have precipitated unprecedented local debate and reflection on the Khmer Rouge era.The book provides a timely and nuanced analysis of the ECCC's politically contentious and frequently criticised proceedings by examination of the trial dialogue in the Courts first two cases. From transcripts of the proceedings, exchanges between trial participants including witnesses, civil parties and the accused, are examined to show how, at times, the retributive proceedings assumed the character of restorative justice and encompassed significant dialogue on current social issues, such as the victim/perpetrator equation and the nature of ongoing post-traumatic stress disorder flowing from the events that took place under this violent regime The Court's capacity for representative and discursive proceedings is attributed to the substantive inclusion of the voice of the victim in proceedings, a modified inquisitorial procedure, narrative testimony and role-sharing between national and international court actors.

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.

This book evolved from our interest in rape as feminists and as sodal sdentists. As feminists, we were concemed about the treatment of rape victims and the attrition in rape cases under traditional rape law, and we welcomed legal reforms designed to improve the situation. As sodal sdentists, we wondered about the efficacy of legal changes aimed at an inherently resistant court system. We also were curious about the lack of studies examining the impact of these changes; we were particularly surprised to find that no one had attempted to ana lyze the impact of the reforms in more than one jurisdiction. Con vinced that untangling the effects of the reforms from the effects of contextual factors required a multijurisdictional study, we deeided to undertake the project. We quickly discovered that evaluating rape law reform in several jurisdictions would be no easy task. We had deeided that such an evaluation would require monthly data on the outcome of rape cases before and after the reforms were implemented, as weIl as qualitative data on the attitudes of criminal justice officials toward the reforms. Because states do not generate monthly data on case outcomes, we would have to collect the data ourse1ves from court records main tained by individual jurisdictions. To obtain an adequate number of cases for the time-series analysis, we would have to select our sites from large urban jurisdictions scattered throughout the United States."

When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

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.