Use this collection of over 60 primary documents to trace the evolution of trial rights from English and colonial beginnings to our contemporary understanding of their meaning. Court cases and other documents bring to life the controversies that have historically surrounded the rights of those who have been accused in the American legal system. Explanatory introductions to documents aid users in understanding the various arguments put forth and the context in which the document was written, while illuminating the significance of each document.

Students will be able to trace how the expansion of trial rights is directly correlated to historical events and social concerns. Documents are arranged chronologically to provide readers with a clear view of the long convoluted history of these rights in our country and to clearly illustrate how trial rights have grown over time to provide more protection for a growing number of individuals. A general introduction to the volume further explores the history of the concept of trial rights to provide a complete reference resource to complicated issues.

Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected.

Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

This cutting-edge primer is ideal for the family physician/generalist facing challenges in clinical practice with the treatment of drug court patients. The authors share their extensive knowledge in treatment of addiction and withdrawal, treatment for patients with dual diagnoses of mental illness and addiction, and treatment of diseases associated with drug use, such as tuberculosis, hepatitis, and HIV infection. Unparalleled discussions of the drug court system and the medical problems of drug court patients are presented.

With concise yet comprehensive chapters, readers find essential coverage of drug testing, drug test collections and reports, and common scams for falsifying drug tests. Other topics include medical educational services that physicians can provide for attorneys, judges, counselors, probation officers, and clients; challenges of treatment physicians encounter; and medical interventions. The authors share their personal teaching file of cases from the Adult Drug Court in California to draw a detailed picture of how medical care fits within the overall therapeutic plan of drug courts.

This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions - including individual sanctions - should be introduced.

An incisive and sympathetic examination of the case for ending the practice of imprisonment Despite its omnipresence and long history, imprisonment is a deeply troubling practice. In the United States and elsewhere, prison conditions are inhumane, prisoners are treated without dignity, and sentences are extremely harsh. Mass incarceration and its devastating impact on black communities have been widely condemned as neoslavery or "the new Jim Crow." Can the practice of imprisonment be reformed, or does justice require it to be ended altogether? In The Idea of Prison Abolition, Tommie Shelby examines the abolitionist case against prisons and its formidable challenge to would-be prison reformers. Philosophers have long theorized punishment and its justifications, but they haven't paid enough attention to incarceration or its related problems in societies structured by racial and economic injustice. Taking up this urgent topic, Shelby argues that prisons, once reformed and under the right circumstances, can be legitimate and effective tools of crime control. Yet he draws on insights from black radicals and leading prison abolitionists, especially Angela Davis, to argue that we should dramatically decrease imprisonment and think beyond bars when responding to the problem of crime. While a world without prisons might be utopian, The Idea of Prison Abolition makes the case that we can make meaningful progress toward this ideal by abolishing the structural injustices that too often lead to crime and its harmful consequences.

Provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours Written by a world-leading expert in the field of violent crime and its relationship to ASD Evidence-based, practical guide to working with Suspects, Defendants and Offenders with Autism, making it suitable for both researchers and professionals across Psychology and Legal domains

Provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours Written by a world-leading expert in the field of violent crime and its relationship to ASD Evidence-based, practical guide to working with Suspects, Defendants and Offenders with Autism, making it suitable for both researchers and professionals across Psychology and Legal domains

The gripping new thriller in the brilliant Constance Fairchild series, from one of Scotland's foremost crime writers. On compassionate leave following the death of her mother, Detective Constable Constance Fairchild thought renting a cottage near Aberystwyth, Wales would get her far enough from London to finally relax. But trouble always seems to find Con, and it's not long before she is cooling off in a police station cell after defending herself from two would-be rapists. In custody she meets a young Ukrainian woman, Lila, who confides in Con that she's been forced by her manipulative boyfriend into prostitution and running drugs. Fearing for her life, she has run away from him, only to end up in the cells. Con offers to help, but when her cottage is ransacked, and Lila subsequently disappears, she realises she's stumbled into very dangerous company. International drug smugglers and ruthless people traffickers - those who will stop at nothing to protect their secrets. Out here at the end of the line, will Con find that there's nowhere left to run? Praise for James Oswald: 'The new Ian Rankin' Daily Record 'Creepy, gritty and gruesome' Sunday Mirror 'Crime fiction's next big thing' Sunday Telegraph

The Criminal Justice System: An Introduction, Fifth Edition incorporates the latest developments in the field while retaining the basic organization of previous editions which made this textbook so popular. Exploring the police, prosecutors, courts, and corrections, including probation and parole, the book moves chronologically through the different agencies in the order in which they are usually encountered when an individual goes through the criminal justice process. New in the Fifth Edition: A complete updating of charts and statistics to reflect the changes the FBI has made to the Unified Crime Reports System Expanded material on the history of law enforcement Additional information on terrorism, homeland security, and its effect on the police New approaches to policing such as Problem-Oriented Policing and Intelligence-Led Policing Cyber crime, identity theft, accreditation, and new approaches to crime analysis New information on prosecution standards, community prosecution, and prosecutorial abuse New emphasis on the concept of jurisdiction and the inter-relation between the courts' functions and the other branches of the criminal justice system An examination of the dilemma for the courts caused by the intersection of politics, funding, media, and technology New discussions on prisoner radicalization Pedagogical features: Each chapter begins with an outline and a statement of purpose to help students understand exactly what they are supposed to master and why Illustrations to assist in the clarification and further development of topics in the text Each chapter ends with a summary, a list of key terms, and a series of discussion questions to stimulate thought Appendices with the United States Constitution, a glossary of criminal justice terminology, and websites useful in gaining knowledge of the criminal justice system Access to a free computerized learning course based on the book

Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions - from status quo to evolution to revolution - to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.

This book is concerned to explore the idea of imaginary penalities and to understand why the management of criminal justice and criminal justice systems has so often reached crisis point. Its underlying theme is that when political strategies of punitive populism are combined with managerialist techniques of social auditing, a new all-encompassing form of governance has emerged - powerless to deliver what it promises but with a momentum of its own and increasingly removed from proper democratic accountability. A highly distinguished international group of contributors explores this set of themes in a variety of different contexts taken from the UK, N. America, Europe and Australia. It will be essential reading for anybody seeking to understand some of the root causes of increasing prison populations, social harms such as recidivism and domestic violence and the increasingly important role of criminal justice within systems of governance.

A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.

No area of criminal law has been the subject of more controversy than the insanity defense. "The Insanity Defense" is a clear assessment of this issue as it exists in the 1980s. It provides the reader with a basis for understanding and evaluating the legislative and judicial responses to the factors that have stirred this controversy. Because extremely complex issues are involved in the effort to formulate an insanity defense, Simon and Aaronson begin with a detailed historical overview. They discuss the necessity of expert witnesses in the actual trial and probe into the jury's role and responsibility. The authors describe the various movements that have been used to abolish the insanity defense, as well as assess the use and interpretation of the defense in other nations.

Just how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it's such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect. Praise for the Secret Barrister . . . 'Dishes the dirt - or serves up a slice of reality - on what barristers do' - The Times 'An illuminating and timely insight into the legal system . . . fascinating' - Sunday Express 'Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' - Daily Telegraph

Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This third edition has been fully updated and includes a new chapter on corporate financial crime.

Laws Relating to Sex, Pregnancy, and Infancy examines case law and legislation in regards to reproduction, pregnancy, and infancy. Cusack explores the winding pathways of legal precedence and action on the social conditions of pregnancy and childbirth, and draws from criminal and court procedures and behavioral science to determine if the law is acting in the best interest of those vulnerable populations. Cusack surveys interpersonal, familial, and societal problems presented throughout history and currently facing contemporary generations, questioning whether the criminal justice system can evolve to support the growing needs of its citizens most in need of legal assistance.

As our understanding of genetics increases, its application to criminal justice becomes more significant. This timely book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scientific understanding and considers some potential legal, ethical and sociological issues with the use of genetic information.The author draws together debates from scientists, ethicists, sociologists and lawyers in order to understand how the criminal justice system currently reacts, and ought to react, to the new challenges presented by genetic evidence. She asks the important question of where priorities should lie: whether with society's desire to be protected from crime, or with an individual's desire to be protected from an unwanted intrusion into his or her genome. Topics include rights of privacy and consent in obtaining DNA samples, evidentiary issues in court, the impact of genetic evidence on punishment theory and sentencing, and genetic discrimination. This book will be of use to criminal and medical law students, along with academics, practitioners and policymakers interested in exploring the various criminal law issues in relation to genetics. It will also be of interest to criminal justice, philosophy, ethics, sociology and psychology students and academics looking explore the legal issues involved in such a topic.

The idea that the expression of radical beliefs is a predictor to future acts of political violence has been a central tenet of counter-extremism over the last two decades. Not only has this imposed a duty upon doctors, lecturers and teachers to inform on the radical beliefs of their patients and students but, as this book argues, it is also a fundamentally flawed concept. Informed by his own experience with the UK's Prevent programme while teaching in a Muslim community, Rob Faure Walker explores the linguistic emergence of 'extremism' in political discourse and the potentially damaging generative effect of this language. Taking a new approach which combines critical discourse analysis with critical realism, this book shows how the fear of being labelled as an 'extremist' has resulted in counter-terrorism strategies which actually undermine moderating mechanisms in a democracy. Analysing the generative mechanisms by which the language of counter-extremism might actually promote violence, Faure Walker explains how understanding the potentially oppressive properties of language can help us transcend them. The result is an imminent critique of the most pernicious aspects of the global War on Terror, those that are embedded in our everyday language and political discourse. Drawing on the author's own successful lobbying activities against counter-extremism, this book presents a model for how discourse analysis and critical realism can and should engage with the political and how this will affect meaningful change.

Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU's primary law.

Cases and Materials on Criminal Law provides a comprehensive selection of key materials drawn from law reports, legislation, Law Commission consultation papers and reports, and Home Office publications. Clear and highly accessible, this volume is presented in a coherent structure and provides full coverage of the topics commonly found in the criminal law syllabus. The range of thoughtfully selected materials and authoritative commentary ensures that this book provides an essential collection of materials and analysis to stimulate the reader and assist in the study of this difficult and challenging area of law. New features include: revised text design with clear page layout, headings and boxed and shaded sections to aid navigation and readability chapter introductions to highlight the salient features under discussion short chapter table of contents to enable easier navigation "Comments and Questions" sections to encourage students to reflect on their reading expanded further reading to encourage students to engage further with the subject a Companion Website to provide regular updates to the book. Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughby (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney General's Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self defence cases). Consideration is also given to the likely changes to the law relating to corporate manslaughter, at the time of writing contained in the Corporate Manslaughter and Corporate Homicide Bill currently before Parliament. Two major law reform publications are extensively extracted and contextualised in this 4th edition - the Law Commission's report on Murder, Manslaughter and Infanticide (Law Com No 304) and the Law Commission's Report on Inchoate Liability for Assisting and Encouraging Crime (Law Com No 300). This book is an invaluable reference for students on undergraduate or CPE/PG Diploma in Law criminal law courses, particularly those studying independently or on distance learning programmes.

This book examines young people's involvement in crime (including crimes of violence, vandalism, shoplifting, burglary and car crime) as both victims and offenders.

Although adolescence is the time when involvement in crime peaks, few previous UK-based studies have attempted to provide a methodical and comprehensive understanding of adolescent offending on a city-wide basis. This book seeks a better understanding of adolescent crime by studying the relationship between individual characteristics (social bonds and morality and self-control) and lifestyles (as defined by delinquent peers, substance use and exposure to risky behaviour settings) and their joint influence on adolescent involvement in crime, against the backdrop of the juveniles' social context - taking into account family, school and neighbourhood influences.

The findings of this study suggest the existence of three main groups of adolescent offenders; propensity induced offenders, life-style dependent offenders and situationally limited offenders, groups of offenders having different causal backgrounds to their crime involvement, and who therefore may warrant different strategies for effective prevention.

Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.

This book is concerned to explore the changing role of the Parole Board across the range of its responsibilities, including the prediction of risk and deciding on the release (or continued detention) of the growing number of recalled prisoners and of those subject to indeterminate sentences. In doing so it aims to rectify the lack of attention that has been given by lawyers, academics and practitioners to back door sentencing (where the real length of a sentence is decided by those who take the decision to release) compared to front door sentencing' (decisions taken by judges or magistrates in court). Particular attention is given in this book to the important changes made to the role and working of the Parole Board as a result of the impact of the early release scheme of the Criminal Justice Act 2005, with the Parole Board now deciding in Panels concerned with determinate sentence prisoners, lifers and recalled prisoners. A wide range of significant issues, and case law, has arisen as a result of these changes, which the contributors to this book, leading authorities in the field, aim to explore.