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Books > Law > Jurisprudence & general issues > General
Investigative Interviewing: Adopting a Forensic Mindset is a straight-forward, practical textbook outlining proper interview planning and techniques, detailing all relevant case law concerning confessions. Being a forensic professional infers that investigator apply the highest standards in collecting, analyzing, preserving, and presenting evidence to a court of law or other tribunals. The author contends that the key to a proper forensic interviewing methodology is the elimination of the term "interrogation," and the confession-obtaining mindset it creates. Forensic interviewers can achieve all interview objectives, including truthful confessions that stand up to the scrutiny of the courts and public opinion, by adhering to best-practice, ethical standards. What transpires during the interview must stand up to the scrutiny of the courts and public opinion. In this regard, due process, documenting the procedure, and practicing proven, effective techniques is paramount to getting to the truth-the ultimate goal of any investigation. The book addresses important issues in the field such as false confessions, due to its criticality and frequent occurrences of this. Coverage also includes the desired qualities of an investigative interviewer and strategies to break down barriers and gain trust with reluctant, uncooperative, and hostile interviewees. Proper report writing, an underrated key to any interview and investigation, is addressed in detail. Lastly. the book provides training on best practice interview steps and strategies to lead the interviewee to the truth. Numerous case examples, and transcripts of real interviews, are provided illustrate real-world interviewing practices and concepts. Features includes: Examines the human factor in the qualities of a good investigative interviewer such as understanding the offender and strategies to gain the interviewees trust Shares practical experience and best practices, noting traditional pitfalls and mistakes that can impede the truth and lead to false confessions Discusses legal considerations, case law, and the intent behind entering an interview situation with a forensic mindset, prioritizing due process and documenting procedure Presents a notable and extensive case study that includes six informative interviews denoting effective techniques in practice Provides pedagogical elements including chapter learning objectives and end of chapter review with discussion questions Investigative Interviewing: Adopting a Forensic Mindset promotes legal and ethical investigative interviewing methods and is a welcome addition to the literature for use in forensic science and criminal justice curricula and programs.
This book has a multi-disciplinary market across criminology, sociology and gender studies. It would be useful supplementary reading for a range of courses, including gender and crime, violence against women, and sociology of culture.
This book has a multi-disciplinary market across criminology, sociology and gender studies. It would be useful supplementary reading for a range of courses, including gender and crime, violence against women, and sociology of culture.
This handbook provides a unique opportunity to bring together several different strings of debates, especially useful to the growing focus on responsibility which increasingly demands interdisciplinary approaches. It focuses on practices and normativity in ways that are often overlooked by a focus on accountability. It highlights the contested meaning of responsibility. In addition to its academic purpose, it may also prove of interest to policy-makers, think tanks, policy research institutes.
The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors - states, transnational business corporations, or civil society groups - and their influence on the structures - such as national and international agreements, organizations, and private entities - that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states' maritime administrations worldwide.
This book explores the largely neglected relationship between men, masculinities and honour-based abuse (HBA). There is a common misconception that HBA - whether physical violence, emotional abuse or so-called 'honour' killings - occurs only against women. This book addresses the gap in the current literature concerning the relationship between men, masculinities and HBA. With contributions from an international and interdisciplinary range of both academics and professionals, the book examines HBA and forced marriages specifically from male-victim perspectives, both in the UK and internationally. Providing a clear understanding of the main theoretical and sociological explanations of HBA against male victims, the book demonstrates that, although men are indeed the main perpetrators of HBA, state agencies must address the fact that many men are also victims. This book is essential reading for students, academics, and practitioners alike.
Understanding and Reducing Prison Violence considers both the individual and prison characteristics associated with violence perpetration and violent victimization among both prison inmates and staff. Prison violence is not a random process; rates of violence vary across prisons and the odds of perpetrating violence or experiencing violent victimization vary across inmates and staff. A comprehensive understanding of the causes of prison violence therefore requires consideration of both individual and prison characteristics. Building on large dataset comprising 5,500 inmates and 1,800 officers across 45 prisons located across two of the United States (Ohio and Kentucky), this book showcases one of the largest and most comprehensive studies of prisons carried out to date. It considers both the implications of the study for theories of prison violence and the implications of the study for preventing violence in prisons. It will be of interest to academics, practitioners, and policy makers alike.
Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.
- Sidney Dekker examines how decades of deregulation and privatization have only led to a greater burden of compliance, and why, with so many rules to ensure safety, things can still go spectacularly wrong. - Written for all those with a vested interest in understanding the actual nature of organizational safety and performance, and in doing so make tangible improvements. - The first in a unique trilogy, this book complements Dekker's many best-sellers while broadening his appeal way beyond safety-critical industries.
This multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.
This multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.
This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the 'flexible mechanism' (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as 'voluntary cooperation' or 'sustainable development' mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.
The Cold War, the Space Race, and the Law of Outer Space: Space for Peace tells the story of one of the United Nations' most enduring and least known achievements: the adoption of five multilateral treaties that compose the international law of outer space. The story begins in 1957 during the International Geophysical Year, the largest ever cooperative scientific endeavor that resulted in the launch of Sputnik. Although satellites were first launched under the auspices of peaceful scientific cooperation, the potentially world-ending implications of satellites and the rockets that carried them was obvious to all. By the 1960s, the world faced the prospect of nuclear testing in outer space, the placement of weapons of mass destruction in orbit, and the militarization of the moon. This book tells the story of how the United Nations tried to seize the promise of peace through scientific cooperation and to ward off the potential for war in the Space Age through the adoption of the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement. Interdisciplinary in approach, the book will be of interest to scholars in law, history and other fields who are interested in the Cold War, the Space Race, and outer space law.
• there is currently a gap in the market as people who want to know more about adults in the criminal justice system with communication needs • because this is a fairly new field for SLTs, the book is a must buy because it offers knowledge and confidence building in a situation where often the SLT is lone working with minimal supervision • this resource would be practical and offers ready-made templates to busy clinicians who might not have time to create their own • SLT placement in CJS is increasing and this would be a must have support for any student placement. • There is always a political drive to reduce reoffending and prevent offending, this book will speak to that wider political agenda and offer insight
This book presents a critical analysis of the concept of 'adequate housing'. While the concept of adequate housing is used largely as a normative standard in the protection of housing rights and in the implementation of housing policies, its apparent objectivity and universality have never been questioned by political and legal theory. This book analyses and challenges the understanding of this term in law and politics by investigating its relationship with the idea of 'home'. 'It is necessary to provide them with adequate housing!' It is very common to hear this phrase when dealing with housing poverty, especially in relation to migrants, minorities, indigenous and other subaltern groups are concerned. But what does "adequate housing" mean? This book tackles this issue by proposing a critical analysis of this concept and of its use in the development of housing policies addressing the subaltern group par excellence in Europe, Roma. In so doing, it focuses on the lives of Roma and Sinti in Italy who have been the target of inclusion policies. Highlighting the emotional connection to housing, and dismantling some of the most 'common sense' ideas about Roma, it offers a radical revision of how social justice in the housing sector might be refigured. This book will be invaluable for scholars and students working on relevant themes in socio and critical legal studies, sociology, human rights, urban studies, human geography and Romani studies
Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between 'before' and 'after' war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.
Forensic Narratives in Athenian Courts breaks new ground by exploring different aspects of forensic storytelling in Athenian legal speeches and the ways in which forensic narratives reflect normative concerns and legal issues. The chapters, written by distinguished experts in Athenian oratory and society, explore the importance of narratives for the arguments of relatively underdiscussed orators such as Isaeus and Apollodorus. They employ new methods to investigate issues such as speeches' deceptiveness or the appraisals which constitute the emotion scripts that speakers put together. This volume not only addresses a gap in the field of Athenian oratory, but also encourages comparative approaches to forensic narratives and fiction, and fresh investigations of the implications of forensic storytelling for other literary genres. Forensic Narratives in Athenian Courts will be an invaluable resource to students and researchers of Athenian oratory and their legal system, as well as those working on Greek society and literature more broadly.
This book provides an overview of crimes under international law, radical evils, in a number of African states. This overview informs a critical analysis of the debates surrounding the African Union's call for withdrawal from the International Criminal Court and proposes a way forward with a more pertinent role for the Court. The work critically analyzes the arguments around withdrawal from the ICC and the extension of the jurisdiction of the African Court into criminal matters. It is held that this was not intended in the spirit of complementarity as envisaged by the Rome Statute, and is subject to political calculation and manipulation by national governments. Recasting the ICC as a court of second instance would provide a stronger institutional and jurisdictional regime. The book will be a valuable resource for students, academics, and policymakers working in the areas of international humanitarian law, international criminal law, African studies, and genocide studies.
The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9780429467608, has been made available under a Creative Commons Attribution-NonCommercial-No Derivatives 4.0 license. While the Nordic countries are listed at the top in most international rankings of gender equality and citizens' feelings of security, studies on the prevalence of sexual victimisation present a different picture, suggesting that the very countries that have invested much in establishing gender equality actually see a high prevalence of sexual violence. This book sheds light on the phenomenon and construction of rape and other forms of sexual violence within the Nordic region, exploring the ways in which rape and sexual violence are dealt with through criminal law and considering governmental policies aimed at combatting it, with a special focus on legal regulations and developments. Thematically organised, it offers new research on perpetrators, victimhood, criminal justice and prevention. Multi-disciplinary in approach, it brings together the latest work from a range of scholars to offer insights into the situation in the five Nordic countries, asking how and why rape and other forms of sexual violence occur, whilst also addressing the timely issues of online sexual cultures, BDSM and the grey areas of sexual offences. As such, it will appeal to scholars of sociology, criminology and law with interests in gender and sexual violence.
In the ten years of the Cultural Revolution, political persecutions, violation of rights, deprivation of freedom, violence and brutality were daily occurrences. Especially striking is the huge number of ordinary civilians who were involved in inflicting pain and suffering on their comrades, colleagues, friends, neighbors, and even family members. The large-scale and systematic form of violence and injustice that was witnessed differs from that in countries like Chile under military rule or South Africa during apartheid in that such acts were largely committed by ordinary people instead of officials in uniforms. Mok asks how we should assess the moral responsibility of these wrongdoers, if any, for the harm they did both voluntarily and involuntarily. After the death of Chairman Mao, there was a trial of the Gang of Four, who were condemned as the chief perpetrators of the Cultural Revolution. Besides, tens of millions of officials and cadres who were wrongly accused and unfairly treated were subsequently cleared and reinstated under the new leadership. However, justice has not yet been fully done because no legal or political mechanism has ever been established for the massive number of civilian perpetrators to answer for all sorts of violence inflicted on other civilians, to make peace with their victims, and to make amends. The numerous civilians who participated need to come to terms with the people they wronged in those turbulent years. Justice in general and transitional justice in particular may still be pursued by taking the first steps to clarify and identify the moral burden and responsibility that may legitimately be ascribed to the various types of participant. This book will be of interest to anyone who studies the Cultural Revolution of China, especially those who are concerned with the ethical dimension.
The study of news and news practice is rich in examinations of what journalists owe to society. However, this book looks at what journalists can expect from society: what roles ownership structures, colleagues, governments and audiences should play so journalists can do their jobs well - and safely. What Journalists Are Owed draws on a variety of research perspectives - legal and ethical analysis, surveys, interviews and content analysis - in different national settings to look at how those relationships among stakeholders are developing in a time of rapid and often unsettling chance to the political and economic environments that surround journalism. Journalism can be a risky business. This book opens some discussions on those risks can be described and mitigated. There's no shortage of writing about what journalists owe society - but if society wants journalism done well, what does it owe journalists in return? This volume opens a discussion on the cultural, legal-system and professional agreements that societies should provide so journalists can do their jobs in increasingly hostile political environments. This book was originally published as a special issue of Journalism Studies.
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called 'recaptives' (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives' rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction - and alternative construction - of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping. The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world's oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers.
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking. |
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