Through studies of beheaded Irish traitors, smugglers hung in chains on the English coast, suicides subjected to the surgeon's knife in Dresden and the burial of executed Nazi war criminals, this volume provides a fresh perspective on the history of capital punishment. The chapters 'Introduction: A Global History of Execution and the Criminal Corpse' and 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' are open access under a CC BY 4.0 license.

This book outlines the foundations for understanding modern policing. It is an essential introduction for all policing students and trainee police officers to the underpinning aspects of the profession, providing a clear understanding of how the police service is currently organised and how it fits into the wider criminal justice system. Students are encouraged to think critically and reflect upon core concepts such as policing by consent, police accountability, governance and professional standards, and it examines the challenges of policing an increasingly global, technical and diverse world. The Professional Policing Curriculum in Practice is a new series of books that match the requirements of the new pre-join policing qualifications. The texts reflect modern policing, are up-to-date and relevant, and grounded in practice. They reflect the challenges faced by new students, linking theory to real-life operational practice, while addressing critical thinking and other academic skills needed for degree-level study.

This book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.

Bringing together some of the most distinguished scholars in the field, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law and not on its systematisation by learned jurists it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re-evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law.

"In "Rape and the Culture of the Courtroom," Taslitz (a former prosecutor) is concerned to show how and why police, prosecutors, judges, and defense attorneys use their discretion to circumvent legal reforms in rape law."
--"Hypatia"

Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom.

Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients.

Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

This book contributes to the literature on Geographical Indications (GIs) by providing key theoretical reflections from a five-year review process on the potential of GIs for agri-food products in Southern Africa. The contributors reflect on diverse GI processes and dynamics which operate at the local, national and international levels, thus enriching the understanding of GI dynamics and of the variety of policy options available for GI protection in Southern countries. Following a discussion of the legal framework and governance of national GI schemes in Southern countries, the book emphasizes the main dimensions underlying the development of GIs and their potential for enhancing sustainable rural development and market access in particular. This provides the structure for the chapters that build on the different experiences of Southern African industries that have embarked on GI strategies. The book includes chapters on designing an appropriate legal framework and governance system for the development of GIs in Southern countries.

An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.

Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."

This book positions inquiries into the historical abuse of children in care within the context of transitional justice. It examines investigation, apology and redress processes across a range of Western nations to trace the growth of the movement, national particularities and the impact of the work on professionals involved.

Proposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people. The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent people are themselves responsible for finding the facts that could exonerate them. Though the poor are represented by public defenders-in fact, almost no one who is charged with a crime has enough money to pay for a complete defense-it is still accused people, not public officials, who bear the entire burden of proving their innocence. Tim Bakken believes that reform of the three-hundred-year-old adversarial system is long overdue, and that the government should be responsible for searching for truth-exonerating facts for innocent people-rather than being satisfied with due process. While it is improbable that all the facts in any case will ever be known, the essential point is that the acquisition of facts will almost always benefit an innocent person who has been accused of a crime. Featuring compelling evidence and concrete steps for reform, The Plea of Innocence is at once sensible and revolutionary, a must-read for anyone invested in restoring truth to the justice system.

Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the new constitution of South Africa, and was subsequently appointed to the new Constitutional Court of South Africa. Therefore, the question of what it means to make the transition from a freedom fighter to a participant in a revolutionary government is not abstract, in Hegel's sense of the word, it is an actual journey that Albie Sachs undertook. The essays in this book raise the complex question of what it actually means to make this transition without selling out to the demands of realism. In addition, the preface written by Emeritus Justice Albie Sachs and his interview with Drucilla Cornell and Karin van Marle, further address key questions about revolution in the twentieth- and twenty-first centuries: from armed struggle to the organization of a nation state committed to ethical transformation in the name of justice. Albie Sachs and transformation in South Africa: from revolutionary activist to constitutional court judge illuminates the theoretical and practical experiences of revolution and its political aftermath. With first-hand accounts alongside academic interrogation, this unique book will intrigue anyone interested in the intersection of Law and Politics.

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court's search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court's position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entree into deeper research.

This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people-men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, ranging from Marbury v. Madison, the seminal case which established judicial review, to the recent District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment. To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. The second edition of Greenhouse's Very Short Introduction tracks the changes in the Court's makeup over the last eight years, considers the landmark decisions of the Obama and Trump eras, and reexamines the precarious fates of such precedents as Roe v. Wade. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.

This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency. The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.

What do refugee and concentration camps, prisons, terrorist and guerrilla training camps and prisoner of war camps have in common? Arguably they have all followed an 'outsides inside' model, enforcing a dichotomy between perceived 'desirable' and 'undesirable' characteristics. This separation is the subject of Moller's multidisciplinary study.

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the problem of obtaining reliable evidence during interrogation.

Written by practitioners for practitioners, this definitive handbook covers all of the main aspects of costs and funding issues encountered in the Scottish Civil Courts. It covers the routes to funding, when expenses may be sought, the court's powers in awarding expenses and provides detail on issues including Success Fee Agreements, Qualified One Way Cost Shifting, Pre-Action Protocols, Pursuers' Offers and Tenders, party Litigants, Amendment, Abandonment, Caution and Simple Procedure. It brings together all of the key legislation, court rules and judgments to provide a user-friendly and quick-reference guide to expenses law and practice.

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

A crucial indictment of widely embraced "alternatives to incarceration" that exposes how many of these new approaches actually widen the net of punishment and surveillance "But what does it mean-really-to celebrate reforms that convert your home into your prison?" -Michelle Alexander, from the foreword Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data-driven surveillance. Extended probation. These are some of the key alternatives held up as cost-effective substitutes for jails and prisons. But many of these so-called reforms actually widen the net, weaving in new strands of punishment and control, and bringing new populations, who would not otherwise have been subject to imprisonment, under physical control by the state. As mainstream public opinion has begun to turn against mass incarceration, political figures on both sides of the spectrum are pushing for reform. But-though they're promoted as steps to confront high rates of imprisonment-many of these measures are transforming our homes and communities into prisons instead. In Prison by Any Other Name, activist journalists Maya Schenwar and Victoria Law reveal the way the kinder, gentler narrative of reform can obscure agendas of social control and challenge us to question the ways we replicate the status quo when pursuing change. A foreword by Michelle Alexander situates the book in the context of criminal justice reform conversations. Finally, the book offers a bolder vision for truly alternative justice practices.

African-American Males and the US Justice System of Marginalization provides an overview of the economic and social status of African-American males in America, which continues to deteriorate at an alarming rate. Weatherspoon posits that in every American institutional system, from birth to death, the journey of African-American males to achieve racial justice and equity in this country is ignored, marginalized, and exploited. The American justice system, in particular, has permitted and in some cases sanctioned the marginalization of African-American males as full citizens. Weatherspoon examines the idea that African-American males are disproportionately represented in every aspect of the criminal justice system, and that the marginalization of African-American males in America has a long and treacherous history that continues to negatively impact their economic, political, and social status.