Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.

Crime is undergoing a metamorphosis. The online technological revolution has created new opportunities for a wide variety of crimes which can be perpetrated on an industrial scale, and crimes traditionally committed in an offline environment are increasingly being transitioned to an online environment. This book takes a case study-based approach to exploring the types, perpetrators and victims of cyber frauds. Topics covered include: An in-depth breakdown of the most common types of cyber fraud and scams. The victim selection techniques and perpetration strategies of fraudsters. An exploration of the impact of fraud upon victims and best practice examples of support systems for victims. Current approaches for policing, punishing and preventing cyber frauds and scams. This book argues for a greater need to understand and respond to cyber fraud and scams in a more effective and victim-centred manner. It explores the victim-blaming discourse, before moving on to examine the structures of support in place to assist victims, noting some of the interesting initiatives from around the world and the emerging strategies to counter this problem. This book is essential reading for students and researchers engaged in cyber crime, victimology and international fraud.

Drawing on qualitative and quantitative research from around the world, this book brings together renowned international scholars to explore life-course perspectives on women's imprisonment. Instead of covering only one aspect of women's carceral experiences, this book offers a broader perspective that encompasses women's pathways to prison, their prison experiences and the effects of these experiences on their children's well-being, as well as their subsequent chances of desisting from crime.Encompassing perspectives from the Netherlands, Belgium, Denmark, Scotland, the United States, Ukraine and Sri Lanka, this book uncovers the similarities across time and space in women offenders' life histories and those of their children and examines the differences in women's experiences and trajectories by shedding light on the moderating effects of particular cultural contexts. Lives of Incarcerated Women will be of interest to academics and students engaged in the study of punishment, penology, life-course criminology, women and crime and gender studies. It will also be of great interest to practitioners.

Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman's thesis of the social production of immorality in the context of criminalization and social control and addresses processes of 'othering' through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning 'terrorists' and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.

The question of 'what works' in offender treatment has dominated the field of prisoner re-entry and recidivism research for the last thirty years. One of the primary ways the criminal justice system tries to reduce the rates of recidivism among offenders is through the use of cognitive behavioural programs (CBP) as in-prison intervention strategies. The emphasis for these programs is on the idea that inmates are in prison because they made poor choices and bad decisions. Inmates' thinking is characterized as flawed and the purpose of the program is to teach them to think and act in socially appropriate ways so they will be less inclined to return to prison after their release. This book delves into the heart of one such cognitive behavioural programme, examines its inner workings, its effects on inmates' narrated experience and considers what happens when a CBP of substandard quality and integrity is used as a gateway for inmates' release. Based on original empirical research, this book provides realistic suggestions for improving policy, for reforming current in-prison programs engaging in problematic practices and for instituting alternatives that take the needs of the inmates into greater account. This book is essential reading for students and academics engaged in the study of sociology, criminal justice, prisons, social policy, sentencing and punishment.

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.

Today's high recidivism rates, combined with the rising costs of jails and prisons, are increasingly seen as problems that must be addressed on both moral and financial grounds. Research on prison and jail reentry typically focuses on barriers stemming from employment, housing, mental health, and substance abuse issues from the perspective of offenders returning to urban areas. This book explores the largely neglected topic of the specific challenges inmates experience when leaving jail and returning to rural areas. Rural Jail Reentry provides a thorough background and theoretical framework on reentry issues and rural crime patterns, and identifies perceptions of the most significant challenges to jail reentry in rural areas. Utilizing three robust samples-current inmates, probation and parole officers, and treatment staff-Ward examines what each group considers to be the most impactful factors surrounding rural jail re-entry. A springboard for future research and policy discussions, this book will be of interest to international researchers and practitioners interested in the topic of rural reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, and criminal justice policy.

There is no universally accepted definition of moral damages, but the concept is usually understood in the context of torts that cause psychological harm to a person or a person's rights that are difficult to quantify. Heaven's Chancellery describes the difficulties of obtaining legal compensation for damages by victims of such moral injustice. To convey the legal impossibility of just compensation for intangible, and therefore immeasurable, damage, the author presents a fictional account of Adam, a scientist who believes the earthly judicial system has wronged him. Adam finds true compensation only when he is invited on a journey to seek justice in Heaven's Chancellery. By utilizing a narrative fiction, the author invites a wide audience of readers to examine the complications of compensation for intangible damage. Even if moral damage is deemed impossible to fully compensate through the legal terms that we have been used for centuries, the story of Adam's journey in Heaven's Chancellery upholds a possibility of an alternative avenue for justice previously denied to him by the earthly convent. This book will be of interest to students of law and the general reader alike.

The Supreme Court's involvement in many hot political and personal conflicts makes crucial an understanding of its internal workings and evolution. This book gives students a firm historical and institutional base upon which to evaluate contemporary Supreme Court decisions and the impact of those decisions on the lives of ordinary citizens. The author analyzes several issues, including: how the Supreme Court works; what key institutional norms have developed over time to make it work efficiently; and how popular support for the Supreme Court changes over time.

Accompanied by a podcast called "The Cannabis Criminology Podcast." As a limited series podcast, the authors will review key aspects of the book and interview scholars and activists working in this area. Very timely as the (potential) legalisation of cannabis has received much attention across the globe in recent decades/years, and this interest is set to continue for many years to come. Most research tends to focus on drugs as a whole, whereas this book focus solely on cannabis, and as such offers the depth needed to grasp the topic more effectively. Fits into several topics/modules within criminology, sociology, law, drug policy and public health. Comprehensive in its coverage, exploring history, frameworks of analysis, evidence to date, key initiatives, and providing examples from relevant jurisdictions.

Over the last few decades, the racial and ethnic composition of the United States has changed dramatically. This seismic transformation has important implications for theory, research, policy, and public opinion - perhaps most crucially around the topic of race/ethnicity and our justice systems. Recent national events - from Ferguson, to ferocious public debate about racism, to media depictions of police violence - have reawakened the tense question of race relations in the 21st century. This edited collection of research aims to highlight contemporary issues surrounding the overrepresentation of racial and ethnic minorities throughout both the juvenile and adult criminal justice systems. Our contributors cover both formal sources of social control (e.g. police, courts, correction facilities) and perceptions and public opinions of the relationship between race/ethnicity and offending behaviors. As the intellectual sphere ignites with fresh debate, old questions redefined and new ones asked, this publication provides innovative insight into how race and ethnicity interconnect with all aspects of criminology and criminal justice. Furthermore it helps encourage directions for future research, practice, and public policy. This book was originally published as a special issue of the Journal of Crime and Justice.

Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.

There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.

Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens' perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.

Expert evidence presents a number of challenges to the legal system: how can the courts ensure that the scientific evidence they admit is reliable? How should statistical evidence be presented to juries? What aspects of human nature should experts be allowed to testify on? How can the effects that adversarial tactics have on expert witnesses be restrained? This book explores these questions. Drawing on work in psychology, the philosophy and sociology of science, probability theory, forensic science, as well as on a broad spectrum of legal writings, Redmayne suggests how the challenges of expert evidence can be met.

This book is a practical guide to practice and procedure in courts and tribunals. It is aimed at the recently qualified practitioner,pupil barristers, trainee solicitors, or lawyers unversed in advocacy and procedure. It provides a guide to applications in most areas of the law, with brief discussions of the relevant law, rules of procedure and practical tips. The applications covered are those which practitioners are likely to encounter in their first years of practice. In addition, each chapter attempts to anticipate likely pitfalls, with suggested solutions. The court system and techniques of advocacy are also covered. This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.

Genetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country's transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

This study examines the principles and practices of the Afikpo (Eugbo) Nigeria indigenous justice system in contemporary times. Like most African societies, the Afikpo indigenous justice system employs restorative, transformative and communitarian principles in conflict resolution. This book describes the processes of community empowerment, participatory justice system and how regular institutions of society that provide education, social and economic support are also effective in early intervention in disputes and prevention of conflicts.

This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally - and political experimentation more broadly - weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of 'soft law', participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the 'clash of cultures' between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture-related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Sweeping changes are being introduced into the lower-tier magistrates' courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of 'lay justice'. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.