Professional Emotions in Court examines the paramount role of emotions in the legal professions and in the functioning of the democratic judicial system. Based on extensive interview and observation data in Sweden, the authors highlight the silenced background emotions and the tacitly habituated emotion management in the daily work at courts and prosecution offices. Following participants 'backstage' - whether at the office or at lunch - in order to observe preparations for and reflections on the performance in court itself, this book sheds light on the emotionality of courtroom interactions, such as professional collaboration, negotiations, and challenges, with the analysis of micro-interactions being situated in the broader structural regime of the legal system - the emotive-cognitive judicial frame - throughout. A demonstration of the false dichotomy between emotion and reason that lies behind the assumption of a judicial system that operates rationally and without emotion, Professional Emotions in Court reveals how this assumption shapes professionals' perceptions and performance of their work, but hampers emotional reflexivity, and questions whether the judicial system might gain in legitimacy if the role of emotional processes were recognized and reflected upon.

U.S. Supreme Court justices are studied publicly, but scant attention is generally paid to the judges who function daily in other courts of the world. Trends in the Judiciary: Interviews with Judges Across the Globe assembles a collection of interviews conducted by international scholars and researchers. It provides an insider's perspective of how members of the worldwide judiciary cope with significant legal developments and the issues they face in criminal and procedural law. The subjects of these interviews administer justice in Australia, Austria, Bosnia-Herzegovina, the Republic of Slovenia, Canada, India, and the United States. Representing a variety of cultures, political environments, and economic systems, the interviewees each discuss their background, education, and career; their judicial role; the major changes and challenges they have experienced; and the relationship between theory and practice. In addition to the candid observations of the interview subject, each chapter provides a brief portrait of the national judicial system and court in which each judge serves. Continuing the work of the International Police Executive Symposium (IPES) and the CRC Press series Interviews with Global Leaders in Policing, Courts, and Prisons, the book enhances readers' understanding of the judiciary and opens a dialogue between scholars, researchers, and practitioners. It is a major contribution to the study and practice of judging around the world.

It is essential that those in the criminal justice system understand the tasks that police dogs perform and the evidence that their work produces. Police and Military Dogs: Criminal Detection, Forensic Evidence, and Judicial Admissibility examines the use of police and military dogs for a wide variety of functions and explores canine biology and behavior as it applies to police work. The book begins with an overview of the changes that have occurred in the field in the past four decades as discoveries have been made about canine capabilities. The author examines how a canine handler's work with a skilled police dog can affect the subsequent investigation and prosecution of the crime. He discusses optimal procedures for finding and processing evidence and describes the boundaries of admissibility of evidence produced by police dogs. The book examines the many diverse detection functions police dogs are being trained to perform, ranging from cadaver detection to the discovery of explosives. It also describes the use of dogs to apprehend criminals and in search and rescue operations. Written for a wide audience including canine handlers, forensic scientists, attorneys, and the judiciary, this volume covers topics pertinent to all aspects of the police dog in contemporary law enforcement.

This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.

A new installment of the series of Interviews with Global Leaders in Policing, Courts, and Prisons, this book expands upon the criminal justice coverage of earlier volumes, offering the voices of 14 lawyers from 13 diverse locales, including countries in Africa, North America, South America, Europe, and the Asia-Pacific region. This book is intended for students and others focusing on law and legal studies, policing, psychology and law, criminology, justice studies, public policy, and for all those interested in the front lines of legal change around the world. Featuring versatile chapters perfect for individual use or as part of a collection, this volume offers a personal approach to the legal world for students and experienced professionals.

American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color-not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice-including district attorneys, elected judges, the police, voters, and politicians-faces bad incentives. Local towns often would rather send people to prison on someone else's dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it-and vote accordingly. And politicians have every incentive to cater to voters' worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what's considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book's suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.

American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color-not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice-including district attorneys, elected judges, the police, voters, and politicians-faces bad incentives. Local towns often would rather send people to prison on someone else's dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it-and vote accordingly. And politicians have every incentive to cater to voters' worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what's considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book's suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.

Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.

One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."

Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.

Interactional Justice explores how defence lawyers accomplish their role in interaction with others and highlights the ways in which they do loyalty work - constructing and conveying loyalty in emotionally and interactionally constraining situations. By drawing on extensive ethnographic fieldnotes and interviews with lawyers, this sociological study brings their loyalty work to life and reveals to the reader the unwritten rules of emotional interactions. It presents how defence lawyers socially construct their duty of loyalty by negotiating informal and implicit professional and social expectations. This accomplishment demands emotion work and face work in order to perform a role which includes defending clients accused of heinous crimes and "losing" the majority of cases. As the defence team is central to this, the ways of doing teamwork are illustrated. Teamwork is also found to be essential between legal professionals to ensure that a criminal trial runs smoothly. All of this takes place within an overarching framework - the emotional regime of law - which aims to uphold the illusionary dichotomy between rationality and emotionality thus quietening the role of emotions. Loyalty and teamwork are features of many professions, workplaces, and aspects of social life making this book an essential tool for understanding strategies for their accomplishment. Focusing on courtroom emotions and interactions, the book suggests how trials can be made more user-friendly and provides guidance for newly qualified legal professionals. The use of ethnographic fieldnotes and interviews provides scholars and students in the social sciences, teaching, law, and medicine with a colourful monograph which reveals and explains emotion and interaction rules. It also makes this book a useful tool for teaching and understanding qualitative research methods.

This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

"Legal and economic analyses overlap and interact in many areas. Recent U.S. Supreme Court and lower court decisions on class action lawsuits clearly focus on the critical role that economic analysis plays in determining the outcome of class actions. Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend have made national headlines, raising the bar in class certification for showing common impact and preponderance through expert testimony. These decisions have turned on the adequacy of the analyses put forth by expert economists, finding the analyses of the plaintiffs' economists to be insufficient. The decisions will have significant implications for use of expert testifiers in class certification and in estimation of monetary damages, presenting challenges to both attorneys and economists in antitrust and other class actions. This book focuses on the changing landscape of class action law and its interaction with the economic analysis of key issues in class actions. Articles examine the elements of class action law from diverse viewpoints, featuring defendant and plaintiff perspectives, concerning domestic and international law, and written by lawyers and economists."

This book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its 'afterlife', criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a growing cultural interest in criminal archival materials, this book shows how in its afterlife, criminal evidence gives rise to new uses and interpretations, new concepts and questions, many of which are creative and transformative of crime and evidence, and some of which are transgressive, dangerous or insensitive. It takes the judicial principle of open justice - the assumption that justice must be seen to be done - and investigates instances in which we might see too much, too little or from a distorted angle. It centres upon a series of case studies, including those of Lindy Chamberlain and, more recently, Oscar Pistorius, in which criminal evidence has re-appeared outside of the criminal process. Traversing museums, libraries, galleries and other repositories, and drawing on extensive interviews with cultural practitioners and legal professionals, this book probes the legal, ethical, affective and aesthetic implications of the cultural afterlife of evidence.

The issue of international crimes is highly topical in Asia, with still-resonant claims against the Japanese for war crimes, and deep schisms resulting from crimes in Bangladesh, Cambodia, and East Timor. Over the years, the region has hosted a succession of tribunals, from those held in Manila, Singapore and Tokyo after the Asia-Pacific War to those currently running in Dhaka and Phnom Penh. This book draws on extensive new research and offers the first comprehensive legal appraisal of the Asian trials. As well as the famous tribunals, it also considers lesser-known examples, such as the Dutch and Soviet trials of the Japanese, the Cambodian trial of the Khmer Rouge, and the Indonesian trials of their own military personnel. It focuses on their approach to the elements of international crimes, and their contribution to general theories of liability. In the process, this book challenges some orthodoxies about the development of international criminal law.

Drawing on a body of empirical, qualitative work spanning three decades, this unique text traces the significance of critical social research and critical analyses in understanding some of the most significant and controversial issues in contemporary society. Focusing on central debates in the UK and Ireland - prison protests; inner-city uprisings; deaths in custody; women's imprisonment; transition in the north of Ireland; the 'crisis' in childhood; the Hillsborough and Dunblane tragedies; and the 'war on terror' - Phil Scraton argues that 'marginalisation' and 'criminalisation' are social forces central to the application of state power and authority. Each case study demonstrates how structural relations of power, authority and legitimacy, establish the determining contexts of everyday life, social interaction and individual opportunity.

This book explores the politics and ethics of critical social research, making a persuasive case for the application of critical theory to analysing the rule of law, its enforcement and the administration of criminal justice. It is indispensable for students in the fields of criminology, criminal justice and socio-legal studies, social policy and social work.

Current estimates indicate that approximately 2.2 million people are incarcerated in federal, state, and local correctional facilities across the United States. There are another 5 million under community correctional supervision. Many of these individuals fall into the classification of special needs or special populations (e.g., women, juveniles, substance abusers, mentally ill, aging, chronically or terminally ill offenders). Medical care and treatment costs represent the largest portion of correctional budgets, and estimates suggest that these costs will continue to rise. In the community, probation and parole officers are responsible for helping special needs offenders find appropriate treatment resources. Therefore, it is important to understand the needs of these special populations and how to effectively care for and address their individual concerns. The Routledge Handbook of Offenders with Special Needs is an in-depth examination of offenders with special needs, such as those who are learning-challenged, developmentally disabled, and mentally ill, as well as substance abusers, sex offenders, women, juveniles, and chronically and terminally ill offenders. Areas that previously have been unexamined (or examined in a limited way) are explored. For example, this text carefully examines the treatment of gay, lesbian, bisexual, and transgender offenders, and racial and gender disparities in health care delivery, as well as pregnancy and parenthood behind bars, homelessness, and the incarceration of veterans and immigrants. In addition, the book presents legal and management issues related to the treatment and rehabilitation of special populations in prisons/jails and the community, including police-citizen interactions, diversion through specialty courts, obstacles and challenges related to reentry and reintegration, and the need for the development and implementation of evidence-based criminal justice policies and practices. This is a key collection for students taking courses in prisons, penology, criminal justice, criminology, and related areas of study, and an essential resource for academics and practitioners working with offenders with special needs.

The Handbook on Risk and Need Assessment: Theory and Practice covers risk assessments for individuals being considered for parole or probation. Evidence-based approaches to such decisions help take the emotion and politics out of community corrections. As the United States begins to back away from ineffective, expensive policies of mass incarceration, this handbook will provide the resources needed to help ensure both public safety and the effective rehabilitation of offenders. The ASC Division on Corrections & Sentencing Handbook Series will publish volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or the mentally ill. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.

This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.

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.

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

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.

This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c1000 B.C. through to its re-discovery in Europe where it was widely applied until the eighteenth century.

Combining a law specialist's informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments.

Including bibliographic references and organised accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.