While evidence-based policy is an emerging rhetoric of the desire by and for governments to develop policies based on the best available evidence, drug policy is an area where particular challenges abound. This book is a detailed and comprehensive examination of the contours of drug policy development through the consideration of the particular roles of science, media, and interest groups. Using Belgium as the primary case-study, supplemented by insights gathered from other countries, the author contributes to a richer understanding of the science-policy nexus in the messy, real-world complexities of drug policy. Change or Continuity in Drug Policy: The Roles of Science, Media, and Interest Groups is the first book to bring together policy and media theories, knowledge utilisation models, and public scholarship literature. As such, the book provides unique insights relevant to aspects of change or continuity in drug policies in Europe and beyond. This book will be of great value to undergraduate and graduate students, as well as to academics, practitioners and policymakers with interest in the science-policy nexus with a particular focus on the drug policy domain.

Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.

The United States Supreme Court is commonly thought to be an institution far removed from American public opinion. Yet nearly two-thirds of modern Supreme Court decisions reflect popular attitudes. Comparing over 500 Supreme Court decisions with timely nationwide poll questions since the mid-1930s, Thomas R. Marshall shows that most Supreme Court decisions agree with poll majorities or pluralities across time and across issues and often represent Americans' views to the same degree as federal policymakers. This book looks beyond the litigants, economic interests, social movements, organized interest groups, or units of governments typically involved and instead examines how well the Court or the justices represent Americans' views. Using nationwide public opinion, broken down by key subgroups, race, gender, education, and party affiliation, better describes exactly whom Supreme Court decisions and the justices' individual votes best represent. His book will be of interest to scholars in political science, legal studies, history, and sociology.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

Handbook on Punishment Decisions: Locations of Disparity provides a comprehensive assessment of the current knowledge on sites of disparity in punishment decision-making. This collection of essays and reports of original research defines disparity broadly to include the intersection of race/ethnicity, gender, age, citizenship/immigration status, and socioeconomic status, and it examines dimensions such as how pretrial or guilty plea processes shape exposure to punishment, how different types of sentencing decisions and/or policy structures (sentencing guidelines, mandatory minimums, risk assessment tools) might shape and condition disparity, and how post-sentencing decisions involving probation and parole contribute to inequalities. The sixteen contributions pull together what we know and what we don't about punishment decision-making and plow new ground for further advances in the field. The ASC Division on Corrections & Sentencing Handbook Series publishes volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or people with mental illness. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.

This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.

Originally published in 1973 The Law Courts of Medieval England looks at law courts as the most developed institutions existing in the medieval times. Communities crystallized upon them and the governments worked through them. This book describes the scope and procedures of the different courts, appointment of the judges, the beginnings of civil and criminal courts, the origin of the jury system and other aspects of the modern legal system. It is all shown by an analysis of actual reports of court cases of the time, giving a vivid picture of the life of the English people as well as of the ways of the professional lawyers, no less intricate than they are today.

This book explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war -families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992-1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. It shows how war victims/survivors navigate such fragmented and challenging public landscape in order to secure their rights.

The second edition of Crime Policy in America describes the process of policy-making and the substantive nature of policy directions in crime and justice in America, particularly from the beginning of the 1970s. This book examines the nature of presidential policy-making in crime and justice from Nixon to Obama, congressional policy-making since the birth of the Bill of Rights, and judicial policy-making since the promulgation of the Judicial Act of 1789. The perspective of this book is deeply historical, sociological, and legalistic. Historically, the book has explored the evolution of different policy strategies at different periods of American history; sociologically, it scrutinized the impact of the get-tough policy paradigm on crime and justice, and from a legal perspective it has examined the conflict and the consensus of Congress and the federal judiciary on different issues of crime and justice from drug crimes to sex crimes to counterterrorism. The second edition of the book has particularly illuminated the changing directions of US crime policy from the dominance of the "get tough" approach in the 1980s and 1990s to a more balanced approach to crime control and prevention in the beginning of the 21sr century.

The recently established International Criminal Court (ICC) has been touted as a major breakthrough in the potential control of genocide, terrorism, and war crimes. This book explores the historical origins of the court and provides and examination of the basic structure and functioning of the court. Rothe and Mullins offer a detailed critique of procedural, conceptual, and practical elements of the ICC through the lens of critical criminological theory and research and identify several problems with the design and proposed implementation of the ICC. The theoretical analysis employed shows how the Court is but a small step forward in the control of crimes by states and state leaders due to its limited scope., myopic conception of crime, jurisdictional scope, and minimal compulsory power. Certain to appeal to criminology and international studies scholars, this volume strives to outline suggestions for strengthening the court.

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been 'written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved'. This book will be of much interest to students of criminology and British history, politics and law.

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

On January 22, 1973, the Supreme Court issued its decision in Roe v. Wade. Holding that a woman's substantive due process right to terminate her pregnancy in the early months outweighed state interests in maternal health and fetal protection, the Court struck down a Texas law permitting abortions only to save the life of the mother. This series is divided into three volumes, with each part containing multiple case studies. Volume One (two books) considers legislative initiatives; Volume Two (two books) reviews executive initiatives; and Volume Three (one book) examines judicial nominations. Abortion funding, clinic access legislation, freedom of choice and human life legislative proposals, and proposed constitutional amendments are considered in Part One. Presidential positions, federal family planning regulation (domestic and international), fetal tissue research, and governmental briefs and arguments in abortion-related Supreme Court litigation are the subject of Part Two. First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.

Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.

This fresh edition of Satish Sekar's classic work brings events up to date as at 2017 and includes matters that the author was prevented from publishing sooner. Among other things it deals with the collapse of the 2011 trial of police officers and others concerning the original miscarriage of justice in this case and in a new Epilogue calls for a Truth and Justice Commission. The author shows how this extreme miscarriage of justice destroyed families, divided communities and undermined confidence in the criminal justice system. The book takes the reader from the sadistic killing of Lynette White in Cardiff in 1988, via the subsequent investigation and trial to the aftermath of the folding of the 2011 trial over 'lost' documents that later materialised. But above all it deals with the hard scientific facts of the first vindication case of the DNA-age. Based on a 30-year quest for justice. Scrutinises the case from day one. Rejects moves to 'shelve' this troubling chain of events. Calls for a Truth and Justice Commission.

Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.

This collection of essays aims to look afresh at an institution which continues to be of central importance to all who are interested in the development of European Union law and policy. The essays seek to develop particular avenues of analysis and perspectives - including a philosophical, a sociological and a gender-based analysis - which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been fully explored.

For as long as we have been researching human memory, psychologists have been investigating how people remember and forget. This research is regularly drawn upon in our legal systems. Historically, we have relied upon eyewitness memory to help judge responsibility and adjudicate truth, but memory is malleable, prone to error, and susceptible to bias. Even confident eyewitnesses make mistakes, and even accurate witnesses sometimes find their testimony subjected to harsh scrutiny. Emerging from this environment, the Cognitive Interview (CI) became a means of assisting cooperative witnesses with recalling more information without sacrificing accuracy. First used by police interviewing adult witnesses, it is now used with many populations in many contexts, including public health, accident reconstruction, and the interrogation of terror suspects. Evidence-Based Investigative Interviewing reviews the application of cognitive research to investigative interviewing, revealing how principles of cognition, memory, and social dynamics may increase the accuracy of eyewitness testimony. It provides evidence-based applications for investigators beyond the forensic domain in areas such as eyewitness identification, detecting deception, and interviewing children. Drawing together the work of thirty-three authors across both the academic and practice communities, this comprehensive collection is essential reading for researchers in psychology, forensics, and disciplines such as epidemiology and gerontology.

Recalibrating Juvenile Detention chronicles the lessons learned from the 2007 to 2015 landmark US District Court-ordered reform of the Cook County Juvenile Temporary Detention Center (JTDC) in Illinois, following years of litigation by the ACLU about egregious and unconstitutional conditions of confinement. In addition to explaining the implications of the Court's actions, the book includes an analysis of a major evaluation research report by the University of Chicago Crime Lab and explains for scholars, practitioners, administrators, policymakers, and advocates how and why this particular reform of conditions achieved successful outcomes when others failed. Maintaining that the Chicago Crime Lab findings are the "gold standard" evidence-based research (EBR) in pretrial detention, Roush holds that the observed "firsts" for juvenile detention may perhaps have the power to transform all custody practices. He shows that the findings validate a new model of institutional reform based on cognitive-behavioral programming (CBT), reveal statistically significant reductions in in-custody violence and recidivism, and demonstrate that at least one variation of short-term secure custody can influence positively certain life outcomes for Chicago's highest-risk and most disadvantaged youth. With the Quarterly Journal of Economics imprimatur and endorsement by the President's Council of Economic Advisors, the book is a reverse engineering of these once-in-a-lifetime events (recidivism reduction and EBR in pretrial detention) that explains the important and transformative implications for the future of juvenile justice practice. The book is essential reading for graduate students in juvenile justice, criminology, and corrections, as well as practitioners, judges, and policymakers.