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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
The second edition of Democracy for All: Educator's Manual is aimed at young people, adults, students and teachers. The books explain how the international community understands democracy, and explores what democracy means to each of us. Democracy for All also explains how government works in a democracy, how the abuse of power is checked, how human rights support democracy, how democratic elections take place, and how citizens can participate in democracy. The objectives of the book are: To improve students' understanding of the fundamental principles and values underlying democracy in society; To promote awareness of the current issues and controversies relating to democracy; To show students that their participation can make a difference to how democracy functions in their country; To foster justice, tolerance and fairness; To develop students' willingness and ability to resolve disputes and differences without resorting to violence; To improve basic skills, including critical thinking and reasoning, communication, observation and problem-solving. Democracy for All uses a variety of student-centred activities, including case studies, role-plays, simulations, small-group discussions, opinion polls and debates. Democracy for All: Educator's Manual explains how the lessons in the Learner's Manual can be conducted and provides solutions to the problems.
Despite 15 years of reform efforts, the incarceration rate in the United States remains at an unprecedented high level. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry two percent. Why are American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, author Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs," and because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reason sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change. Clearly identifies the real reasons that the wave of post-2000 sentencing reform has had minimal impact on reducing national imprisonment rates Explains why reforms must target the excessive sentences imposed on violent and sexual offenders, even though the members of these offender groups are considered "justifiably punished" by long prison terms in the public eye Enables readers to understand why increased consideration for the well-being of offenders and their families is likely a prerequisite to the acceptance of more fundamental changes to the U.S. sentencing system
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
The Ouija board jury incident of 1994 is one of the most disconcerting in English legal history, possibly (says the author) 'the nadir of reported juror misbehaviour in the 20th-century'. But, as Professor Jeremy Gans shows, in an era of soundbites it has been distorted by the media whilst even eminent lawyers have sometimes got the story wrong. In this first full-length treatment he emphasises the known facts, the constitutional dilemma of investigating even bizarre jury misbehaviour and how the trial involved one of the most serious murder cases of the decade in which two people were shot in cold blood. Stephen Young's conviction after a re-trial is still claimed to be a miscarriage of justice by some people, as to which Gans puts forward his own ingenious solution. But quite apart from analysing the facts of R v Young, this book is a tour de force on jury misbehaviour in which the author also examines the implications for example of winks and nods, research by jurors, speaking or listening out of turn, going to sleep during the hearing or falling in love with one of the advocates. Amusing at first sight, such events involve deep questions of law, practice and democratic involvement in the Criminal Justice process. Far from being a mere anecdote, the case of the Ouija board jurors, the misconceptions about it and the issues it leads to deserve close study by anyone who is even remotely interested in jury trial. The first full length treatment of an iconic case. Dispels the myths that have built-up around it. Looks at other instances of jury misbehaviour. Shows how the courts and Parliament have wrestled with problems of this kind. A first-rate analysis of a baffling double murder.
Dr. Lee P. Brown, one of America's most significant and respected law enforcement practitioners, has harnessed his thirty years of experiences in police work and authored Policing in the 21st Century: Community Policing. Written for students, members of the police community, academicians, elected officials and members of the public, this work comes from the perspective of an individual who devoted his life to law enforcement. Dr. Brown began his career as a beat patrolmen who through hard work, diligence and continued education became the senior law enforcement official in three of this nation's largest cities. The book is about Community Policing, the policing style for America in the Twenty-First Century. It not only describes the concept in great detail, but it also illuminates how it evolved, and how it is being implemented in various communities throughout America. There is no other law enforcement official or academician who is as capable as Dr. Brown of masterfully presenting the concept of Community Policing, which he pioneered. As a philosophy, Community Policing encourages law enforcement officials, and the people they are sworn to serve, to cooperatively address issues such as crime, community growth, and societal development. It calls for mutual respect and understanding between the police and the community. The book is written from the perspective of someone whose peers identify as the "father" of Community Policing, and who personally implemented it in Police Departments under his command. It is a thoroughly amazing book that has been heralded as a "must read" for anyone who has an interest in law enforcement. Elected officials, academicians, leaders of the nation's police agencies and members of the public will be captivated by Dr. Brown's literary contribution.
A meticulous and exhaustive accounting of the total economic devastation wreaked on Black communities by mass incarceration with an action guide for vital reparations. Stolen Wealth, Hidden Power is a staggering account of the destruction wrought by mass incarceration. Finding that the economic value of the damages to Black individuals, families, and communities totals $7.16 trillion-roughly 86 percent of the current Black-White wealth gap-this compelling and exhaustive analysis puts unprecedented empirical heft behind an urgent call for reparations. Much of the damage of mass incarceration, Tasseli McKay finds, has been silently absorbed by families and communities of the incarcerated-where it is often compensated for by women's invisible labor. Four decades of state-sponsored violence have destroyed the health, economic potential, and political power of Black Americans across generations. Grounded in principles of transitional justice that have guided other nations in moving past eras of state violence, Stolen Wealth, Hidden Power presents a comprehensive framework for how to begin intensive individual and institutional reparations. The extent of mass incarceration's racialized harms, estimated here with new rigor and scope, points to the urgency of this work and the possibilities that lie beyond it.
How often is the defense of insanity or temporary insanity for accused criminals valid-or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. What is the role of "the insanity defense" as a legal excuse? How does U.S. law handle criminal trials where the defendant pleads insanity, and how does our legal system's treatment differ from those of other countries or cultures? How are insanity defenses used, and how successful are these defenses for the accused? What are the costs of incarceration versus psychiatric treatment and confinement? This book presents a range of expert viewpoints on the insanity defense, exposing common myths; investigating its effectiveness and place in our legal system through history, case studies, and comparative analysis; and supplying perspectives from the disciplines of psychology, psychiatry, sociology, and neuroscience. The content also addresses the ramifications of declaring citizens insane or incapacitated and examines trials that involved pleas of insanity and temporary insanity. Presents multidisciplinary coverage of this important topic-one that is typically polarizing for members of the general public Includes discussions of new advances in neuroscience that have revived debates regarding free will, culpability, and punishment Illustrates points with widely publicized and televised trials that have recently increased public awareness of the insanity defense as well as heated debates over its justification
This book (hardcover) is part of the TREDITION CLASSICS. It contains classical literature works from over two thousand years. Most of these titles have been out of print and off the bookstore shelves for decades. The book series is intended to preserve the cultural legacy and to promote the timeless works of classical literature. Readers of a TREDITION CLASSICS book support the mission to save many of the amazing works of world literature from oblivion. With this series, tredition intends to make thousands of international literature classics available in printed format again - worldwide.
Few would disagree that neighborhood and place are important dimensions of reentry from prison, but we have a less clear sense of why or how they matter-and we rarely get a view of the lived social-interactional dynamics between people returning from incarceration and receiving communities. Intersecting Lives focuses on the processes by which neighborhood and place influence reentry experiences and how these shape community life. Through interviews and ethnographic observations, Andrea M. Leverentz brings readers into three very different Boston communities. These places and the interactions they foster shape reentry outcomes, including reoffending, surveillance, relationship formation, and access to opportunities. This book sheds crucial new light on the processes of reentry and desistance, tying them intimately to space and community, including dynamics around race, gender, gentrification, homelessness, and transportation.
Step inside a real-life, missing person investigation in this compelling, true crime must-read. Uncover what happened to missing estate agent Suzy Lamplugh, as David Videcette takes you on a quest to unpick her mysterious disappearance and scrutinise the shadowy 'Mr Kipper'. One overcast Monday in July 1986, 25-year-old estate agent Suzy Lamplugh vanished whilst showing a smart London property to a mysterious 'Mr Kipper'. Despite the baffling case dominating the news and one of the largest missing persons cases ever mounted, police failed to find a shred of evidence establishing what had happened to her. Sixteen years later, following a second investigation and under pressure from Suzy's desperate parents, police named convicted rapist and murderer John Cannan as their prime suspect. However, the Crown Prosecution Service refused to charge him, citing a lack of evidence. High-profile searches were conducted, yet Suzy's body was never found. The trail that might lead investigators to her, long since lost. Haunted by another missing person case, investigator and former Scotland Yard detective, David Videcette, has spent five years painstakingly reinvestigating Suzy's cold case disappearance. Through a series of incredible new witness interviews and fresh groundbreaking analysis, he uncovers piece by piece what happened to Suzy and why the case was never solved.
In this monograph, Aiste Mickonyte examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.
Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.
Cardozo examines the meaning of justice, the science of values and
the relationship between individual and society. Originally
published: New York: Columbia University Press, 1928. v, 142 pp.
Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.
The legal system is often denounced as "Kafkaesque"-but what does this really mean? This is the question Douglas E. Litowitz tackles in his critical reading of Franz Kafka's writings about the law. Going far beyond Kafka's most familiar works-such as The Trial-Litowitz assembles a broad array of works that he refers to as "Kafka's legal fiction"-consisting of published and unpublished works that deal squarely with the law, as well as those that touch upon it indirectly, as in political, administrative, and quasi-judicial procedures. Cataloguing, explaining, and critiquing this body of work, Litowitz brings to bear all those aspects of Kafka's life that were connected to law-his legal education, his career as a lawyer, his drawings, and his personal interactions with the legal system. A close study of Kafka's legal writings reveals that Kafka held a consistent position about modern legal systems, characterized by a crippling nihilism. Modern legal systems, in Kafka's view, consistently fail to make good on their stated pretensions-in fact often accomplish the opposite of what they promise. This indictment, as Litowitz demonstrates, is not confined to the legal system of Kafka's day, but applies just as surely to our own. A short, clear, comprehensive introduction to Kafka's legal writings and thought, Kafka's Indictment of Modern Law is not uncritical. Even as he clarifies Kafka's experience of and ideas about the law, Litowitz offers an informed perspective on the limitations of these views. His book affords rare insight into a key aspect of Kafka's work, and into the connection between the writing, the writer, and the legal world.
The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events. Explains the responsibilities and authority of the United States' many different types of courts and how they fit together Explores major controversies surrounding the U.S. judicial system, including politicization of the courts and bias in the criminal justice system Provides wide-ranging perspectives on the judicial system from reformers, court employees, and scholars Provides a comprehensive annotated list of resources for further reading and research
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