Technological linkages between justice and law enforcement agencies are radically altering criminal process and access to justice for prisoners. Video links, integral to an increasingly networked justice matrix, enable the custodial appearance of prisoners in remote courts and are becoming the dominant form of court appearance for incarcerated defendants. This book argues that the incorporation of such technologies into prisons is not without consequence: technologies make a critical difference to prisoners' experiences of criminal justice. By focusing on the prison endpoint and engaging with the population most affected by video links - the prisoners themselves - this book interrogates the legal and conceptual shifts brought about by the technology's displacement of physical court appearance. The central argument is that custodial appearance has created a heightened zone of demarcation between prisoners and courtroom participants. This demarcation is explored through the transformed spatial, corporeal and visual relationships. The cumulative demarcations challenge procedural justice and profoundly recompose prisoners' legal experiences in ways not necessarily recognised by policy-makers.

This third volume in the history of the Florida Supreme Court describes the court during its most tumultuous years. Amid the upheaval of the civil rights movement, the Vietnam War, and Watergate, the story begins with reform in the entire Florida court system. It includes the court's first black justice, Joseph Hatchett; Governor Reubin Askew's new system for merit selection of justices; and revision of Article V, the section of the state constitution dealing with the judiciary. Neil Skene moves on to cover landmark court decisions; the introduction of cameras in court; changes to media law, personal injury law, and family and divorce law; privacy rights; gay rights; death penalty cases; and the appointment of the first woman justice, Rosemary Barkett. This book is an absorbing portrayal of a judicial institution adapting to a time of deep political and social change.

Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke, and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of islam, shari'a and jihad, and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.

This book explores the journey of young people through a Secure Training Centre and, more generally, the criminal justice system in the UK. It examines the extent to which young people have been failed by the system at every stage of their lives, with incarceration used as a means of removing 'the problem' from society. To explore this process, the authors utilise an integrated theoretical framework to develop a new rehabilitative approach focused on developing positive outcomes for young people. The book deploys a social impact measurement methodology to evaluate the experience and outcomes of youth justice interventions at a Secure Training Centre. Such an approach provides a fresh perspective on the youth justice debate which has traditionally utilised outcome data to measure immediate impact relating to recidivism and is therefore not focused on the young person holistically. Using a social impact framework to evaluate youth justice, underpinned by an integrated theoretical framework, allows for assessment to be made which place the young person at the centre of evaluation.

The Royal Financial Administration and the Prosecution of Crime in France, 1670-1789 explores the French monarchy's role in financing criminal prosecutions in the royal courts of the realm-the payment of criminal frais de justice in the vocabulary of the ancien regime-between 1670 and 1789 (that is, from the codification of criminal judicial procedure in the early period of Louis XIV's personal rule to the outbreak of the French Revolution). The subject brings together three areas of scholarly inquiry-criminal justice, royal administration, and the management of the crown's finances. A central goal of the study is to provide factual information and interpretive insights on each of these topics and to explain the relationship of each to the others over a long time period. The book contributes to existing scholarship in four ways. First, although each of the major dimensions of the inquiry-the operation of the criminal justice system, the conduct of the royal administration, and the management of the monarchy's finances-has a large and increasingly sophisticated historical literature, this is the first study to combine them in a systematic way. Second, the long time period covered in the book not only enables the historian to distinguish gradual from rapid change, but it also allows the reader to view how the system functioned in different historical contexts. Third, the study is based on archival sources throughout France. This comprehensive approach permits the identification of elements of a common experience without sacrificing attention to important aspects of regional diversity. Finally, with respect to the sources themselves, the range is broad, encompassing regulatory acts and decisions of the king's councils; administrative correspondence at the central, regional, and in some cases local levels; financial accounts and related papers; and court records from the major appellate courts and from several lower courts as well. An appendix of 33 tables lists figures of annual expenditure and other pertinent financial operations for each of the major financial districts of the kingdom.

This collection explores the stakes, risks and opportunities invoked in opening and exploring law's archive and re-examining law's evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law's work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law's evidence. Within socio-legal discourse, the move towards 'open justice' has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

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.

This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.

Winner of the 2017 British Society of Criminology Book Prize The penal voluntary sector and the relationships between punishment and charity are more topical than ever before in countries around the world. In recent years in England and Wales, the sector has featured significantly in both policy rhetoric and academic commentary. Penal voluntary organisations are increasingly delivering prison and probation services under contract, and this role is set to expand. However, the diverse voluntary organisations which comprise the sector, their varied relationships with statutory agencies and the effects of such work remain very poorly understood. This book provides a wide-ranging and rigorous examination of this policy-relevant but complex and little studied area. It explores what voluntary organisations are doing with prisoners and probationers, how they manage to undertake their work, and the effects of charitable work with prisoners and probationers. The author uses original empirical research and an innovative application of actor-network theory to enable a step change in our understanding of this increasingly significant sector, and develops the policy-centric accounts produced in the last decade to illustrate how voluntary organisations can mediate the experiences of imprisonment and probation at the micro and macro levels. Demonstrating how the legacy of philanthropic work and neoliberal policy reforms over the past thirty years have created a complex three-tier penal voluntary sector of diverse organisations, this cutting-edge interdisciplinary text will be of interest to criminologists, sociologists of work and industry, and those engaged in the voluntary sector.

In this book the author gives his views on the workings of the European Court of Human Rights (ECHR), where he served as a judge for 18 years. The book deals with the author's subsequent successes, defeats and tribulations while attempting to introduce into the case law of the ECHR his previously well thought-out theoretical convictions. These convictions can be found in his essays published in The Owl of Minerva: Essays on Human Rights (2007) and his dissenting opinions which were published in The Owlets of Minerva (2011). Based on his many years of experience in the field, the author examines the dialectic relationship between the rule of law and law and order; between state and individual; judicial power of logic vs executive logic of power. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and inspire judicial reasoning and the balancing of justice vis-a-vis power and arbitrariness. In its almost 60 years of existence, the Court has been at the crossroads of two disparate modes of legal reasoning, the common law and the continental legal formalism. The author argues that the cause of the decline of the Court is its inability to adapt and to adopt reasoning by analogy. This thought-provoking book is of interest to academics in the field of law, human rights and constitutionalism. Click here to read the ECJL interview with Bostjan Zupancic, the longest-serving judge at the European Court of Human Rights from 1998 to 2016.

Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law. This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country. The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.

This volume of Studies in Law, Politics, and Society brings together research by graduate students from universities in the United States and the United Kingdom. The work of these students was singled out by their teachers and advisors as showing unusual promise and marking out directions for the next generationA" of interdisciplinary legal scholars. The research collected here is often comparative. It is theoretically informed and rigorous in its methods. Taken together it shows breadth and excellence, and it signals the continuing vibrancy of interdisciplinary legal studies.

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

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.

China after Mao has undergone vast transformations, including massive rural-to-urban migration, rising divorce rates, and the steady expansion of the country's legal system. Today, divorce may appear a private concern, when in fact it is a profoundly political matter-especially in a national context where marriage was and has continued to be a key vehicle for nation-state building. Marriage Unbound focuses on the politics of divorce cases in contemporary China, following a group of women seeking judicial remedies for conjugal grievances and disputes. Drawing on extensive archival and ethnographic data, paired with unprecedented access to rural Chinese courtrooms, Ke Li presents not only a stirring portrayal of how these women navigate divorce litigation, but also a uniquely in-depth account of the modern Chinese legal system. With sensitive and fluid prose, Li reveals the struggles between the powerful and the powerless at the front lines of dispute management; the complex interplay between culture and the state; and insidious statecraft that far too often sacrifices women's rights and interests. Ultimately, this book shows how women's legal mobilization and rights contention can forge new ground for our understanding of law, politics, and inequality in an authoritarian regime.

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.

Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime's historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation - its history, rationales, rites and effects - as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice's gates? This question opens debate on the subject of the book's final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.

Focusing on the relationship between the micro level of perpetrator motivation and the macro level normative discourse, this book offers an in-depth explanation for the perpetration of genocide. It is the first comparative criminological treatment of genocide drawn from original field research, based substantially on the author's interviews with perpetrators and victims of genocide and mass atrocities, combined with wide-ranging secondary and archival sources. Topics covered include: perpetration in organizations, genocidal propaganda, the characteristics of perpetrators, decision-making in genocide, genocidal mobilization, coping with killing, perpetrator memory and trauma, moral rationalization, and transitional justice. An interdisciplinary and comparative analysis, this book utilizes scientific methods with the objective of gaining some degree of insight into the causes of genocide and genocide perpetration. It is argued that genocide is more than a mere intellectual abstraction - it is a crime with real consequences and real victims. Abstraction and objectivity may be intellectual ideals but they are not ideally humane; genocide is ultimately about the destruction of humanity. Thus, this book avoids presenting an overly abstract image of genocide, but rather grounds its analysis in interviews with victims and perpetrators of genocide in Rwanda, Burundi, Uganda, Bosnia, Cambodia, Bangladesh, and Iraq. This book will be highly useful to students and scholars with an interest in genocide and the causes of mass violence. It will also be of interest to policy-makers engaged with the issues of genocide and conflict prevention.

In the first Supreme Court history told primarily through eyewitness accounts from Court insiders, Clare Cushman provides readers with a behind-the-scenes look at the people, practices, and traditions that have shaped an American institution for more than 200 years. Each chapter covers one general thematic topic and weaves a narrative from memoirs, letters, diaries, and newspaper accounts by the Justices, their spouses and children, court reporters, clerks, oral advocates, court staff, journalists, and other eyewitnesses. These accounts allow readers to feel as if they are squeezed into the packed courtroom in 1844 as silver-tongued orator Daniel Webster addresses the court; eavesdropping on an exasperated Oliver Wendell Holmes, Jr., in 1930 as he snaps at a clerk's critique of his draft opinion; or sharing a taxi with future Chief Justice John G. Roberts, Jr., in 2005 as he rushes home from the airport in anticipation of a phone call from President Bush offering him the nomination to the Supreme Court. This entertaining and enlightening tour of the Supreme Court's colorful personalities and inner workings will be of interest to all readers of American political and legal history.

This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.

In 2007, the Corston Report recommended a far-reaching, radical, 'women-centred' approach to women's imprisonment in England and Wales. It suggested a 'fundamental re-thinking' about how services to support women in conflict with the law are delivered in custody and in the community, recommending the development and implementation of a decarceration strategy. This argued for appropriate treatment programmes in the community, reserving prison for only those women who commit serious and violent offences. Ten years on, what progress has been made? What is the relationship between Corston's vision and a more radical abolitionist agenda? Drawing on a range of international scholarship, this book contributes to the critical discourse on the penal system, human rights, and social injustice, revealing the consequences of imprisonment on the lives of women and their families. A decade on from Corston's publication, it critically reviews her report, revealing the slow progress in meeting the reforms it proposed. Identifying the significant barriers to change, it questions the failure to reverse the unrelenting growth of the women's prison population or to transform state responses to women's offending. Reflecting the global expansion of women's imprisonment, particularly marked in advanced democratic societies, the chapters include comparative contributions from jurisdictions where Corston's recommendations have relevance. It concludes with a critical appraisal of reformism and the case for penal abolition. Essential for applied and theory courses on prisons, punishment, and penology; social justice and the criminology of human rights; gender and crime; and feminist criminology.

Over the last fifteen years, the analytical field of punishment and society has witnessed an increase of research developing the connection between economic processes and the evolution of penality from different standpoints, focusing particularly on the increase of rates of incarceration in relation to the transformations of neoliberal capitalism. Bringing together leading researchers from diverse geographical contexts, this book reframes the theoretical field of the political economy of punishment, analysing penality within the current economic situation and connecting contemporary penal changes with political and cultural processes. It challenges the traditional and common sense understanding of imprisonment as 'exclusion' and posits a more promising concept of imprisonment as a 'differential' or 'subordinate' form of 'inclusion'. This groundbreaking book will be a key text for scholars who are working in the field of punishment and society as well as reaching a broader audience within law, sociology, economics, criminology and criminal justice studies.