Learning Criminal Procedure: Investigations teaches students the law that governs the investigation of criminal cases. The book presents the legal rules directly in plain language. Each topic includes a clear, straightforward description of the binding legal rules, illustrations of how the rules are applied using examples and summaries of cases, and longer excerpts of the leading Supreme Court cases. The book highlights evolving or ambiguous areas of the law, and provides scores of review questions so that students can test their mastery of each issue. The book's authors build on their combined decades of practical experience to explain the law in plain language and explore the policy justifications behind the rules.

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.

Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in (re)presenting and (re)constructing the crime. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors.

This book offers a modern, contemporary and innovative approach to the core curriculum, offering clear explanations to clarify the material without oversimplification. Carefully developed learning tools are used to help students to build their knowledge of the legal system of England and Wales; moreover, all the materials needed by a reader new to legal education are here in one place. English Legal System will also help students to translate knowledge successfully to an assessment situation (whether examination, tutorial preparation or coursework) through the acquisition and development of key skills such as problem solving and application, critical reasoning and evaluation, and research and referencing. The text has been written with the changes to legal education envisaged by the Solicitors Regulation Authority and Bar Standards Board in mind. The focus throughout will be on recent and key case law and contemporary real-life examples, bringing the subject alive and helping students to understand the foundations on which the law in England and Wales is based. The key pedagogic features seek to embed those legal skills within the context of the content on the legal system. The associated website provides a comprehensive learning environment that will provide further illumination of the text and graphics and that caters for a number of different learning styles with additional video and audio content.

Provides an account of the important rules, practice directions and protocols that make up the Civil Procedure Rules (CPR). This edition provides with a step by step guide to bringing litigation in the civil courts from the requirements for pre-action behaviour to the enforcement of judgments. It is for students of civil procedure at all levels.

Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law that is ideal for students studying forensic linguistics or language and law, or who want to relate their more general discourse studies to real-life situations. This book demonstrates the methods of linguistic analysis in whole range of discourse and communication encounters in the legal process, presented by world experts in the field.

Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice.

The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defense counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.

With a Foreword by Judge Keba Mbaye, President of the International Council for the Arbitration of Sport and the Court of Arbitration for Sport This is the first book to explore extra-judicial settlement of sports disputes through mediation. It reflects the growing interest in and importance of alternative dispute resolution methods for settling sports-related disputes, at national and international levels. As sport has developed in recent years into a global business, the number of disputes has risen exponentially and the need for alternative forms of dispute resolution has grown significantly too. Mediation can be used successfully in a wide range of sports disputes, including an increasing number of commercial and financial ones. But its effectiveness depends on the willingness of the parties in dispute to compromise and reach creative and amicable solutions in their own interests and also those of sport. This book adopts an essentially practical approach, but also provides an explanation of the theoretical background to the subject and contains a wide-ranging set of relevant and useful texts and documentation. A useful tool for all those concerned with the effective and amicable resolution of sports disputes, including sports governing bodies and administrators, marketeers, event managers, sponsors, merchandisers, hospitality providers, sports advertising agencies, broadcasters, and legal advisers.

This book provides an empirically grounded, theoretically informed account of recent changes to the youth justice system in England and Wales, focusing on the introduction of elements of restorative justice into the heart of the criminal justice system, and the implementation of referral orders and youth offender panels. Taken together, this amounts to the most radical overhaul of the youth justice system in the last half century, fundamentally changing the underlying values of the system away from an 'exclusionary punitive justice' and towards an 'inclusionary restorative justice'. The book explores the implications of these changes by using the lens of a detailed study of the implementation of referral orders and youth offender panels to explore wider issues about youth justice policy and the integration of restorative justice principles. It draws upon the findings of an in-depth study of the pilots established prior to the national rollout of referral orders in April 2002. The book will be essential reading not only for those involved in the task of implementing the new youth justice, but others with an interest in the criminal justice system and in restorative justice who need to know about the far reaching reforms to the youth justice system and their impact.

This book brings together Foucault's writings on crime and delinquency, on the one hand, and sexuality, on the other, to argue for an anti-carceral feminist Foucauldian approach to sex crimes. The author expands on Foucault's writings through intersectional explorations of the critical race, decolonial, critical disability, queer and critical trans studies literatures on the prison that have emerged since the publication of Discipline and Punish and The History of Sexuality. Drawing on Foucault's insights from his genealogical period, the book argues that those labeled as sex offenders will today be constructed to re-offend twice over, once in virtue of the delinquency with which they are inculcated through criminological discourses and in the criminal punishment system, and second in virtue of the manners in which their sexual offense is taken up as an identity through psychological and sexological discourses. The book includes a discussion of non-retributive responses to crime, including preventative, redistributive, restorative, and transformative justice. It concludes with two appendixes: the original 19th-century medico-legal report on Charles Jouy and its English translation by the author. Foucault, Feminism, and Sex Crimes will be of interest to feminist philosophers, Continental philosophers, Women's and Gender Studies scholars, social and political theorists, as well as social scientists and social justice activists.

Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.

An interesting examination of law as language use or discourse, this study looks at the transformation of ordinary language into a special discourse for the purposes of the legal system. It is widely accepted that legal discourse is obscure, and often the public resent the fact that access to the law of the land is obstructed by the opaqueness of legal language. This book argues that the development and maintenance of law's special language can be justified. The myth that law can be written in either plain' or ordinary' language is exploded, and the linguistic obscurity of law is traced to its necessary complexity. The notion of representation is applied to the relation that exists between legal language and ordinary language.

eBook available with sample pages: 0203220315

Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as 'zealous advocate' for the client. As such, it has received much criticism from the established Bar and legal profession. This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach. As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).

Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.

"Forensic Science in Court: The Role of the Expert Witness" is a practical handbook aimed at forensic science students, to help them prepare as an expert witness when presenting their evidence in court. Written in a clear, accessible manner, the book guides the student through the legal process and shows them how to handle evidence, write reports without ambiguity through to the more practical aspects of what to do when appearing in court. The book also offers advice on what to expect when working with lawyers in a courtroom situation.

An essential text for all students taking forensic science courses who are required to take modules on how to present their evidence in court. The book is also an invaluable reference for any scientist requested to give an opinion in a legal context.

- Integrates law and science in an easy to understand format

- Inclusion of case studies throughout

- Includes straightforward statistics essential for the forensic science student

- An invaluable, practical textbook for anyone appearing as an expert witness in court

- Unique in its approach aimed at forensic science students in a courtroom environment

The recent mass shooting of 22 innocent people in El Paso by a lone White gunman looking to "Kill Mexicans" is not new. It is part of a long, bloody history of anti-Latina/o violence in the United States. Gringo Injustice brings this history to life, shedding critical light on the complex relationship between Latinas/os and the United States' legal and judicial system. Contributors with first-hand knowledge and experience, including former law enforcement officers, ex-gang members, attorneys, and community activists, share insider perspectives on the issues facing Latinas/os and initiate a critical dialogue on this neglected topic. Essays examine the unauthorized use of deadly force by police and patterned incidents of lynching, hate crimes, gang violence, and racial profiling. The book also highlights the hyper-criminalization of barrio youth and considers wide-ranging implications from the disproportionate imprisonment of Latinas/os. Gringo Injustice provides a comprehensive and powerful look into the Latina/o community's fraught history with law enforcement and the American judicial system. It is an essential reference for students and scholars interested in intersections between crime and communities of Color, and for use in Sociology, Latino Studies, Ethnic Studies, Chicano Studies, Criminology, and Criminal Justice.

State Violence, Torture, and Political Prisoners discusses the activities of Amnesty International during the period of Brazil's dictatorship (1964-1985). During the dictatorship, Amnesty assisted political prisoners who were submitted to torture and helped to publicise charges of torture against agents of the military regime's repressive apparatus. Through a specific examination of Amnesty's work with Brazilian political prisoners, this book explores how Amnesty adapted its organisational principles - such as non-violence and the focus on individual cases - during this time. In 1967 Amnesty experienced a severe internal crisis which prompted the organisation to make structural changes. These changes enabled it to expand its activities beyond Europe to Latin America, including Brazil. This book examines one of Amnesty International's first major campaigns against torture and the impact this had on the organisation's development of a new agenda. Bringing a critical and historical perspective on Amnesty's work, the book contributes to the debate on the role of human rights organisations in addressing human rights abuses worldwide. It makes a significant contribution to international research on state crime, human rights, and torture.

This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people's perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.

Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none 'shall be compelled in any criminal case to be a witness against himself'. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantanamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of 'common sense' policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different 'types' of legal systems regard the right to silence and the effects of constitutional protection.

Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony will provide anyone involved in an investigation of an animal involved crime or civil action with the knowledge and tools that can give guidance for their actions in completing a forensic investigation. All 50 U.S. states, and numerous countries around the world, have laws against animal abuse and cruelty. Law enforcement agents, veterinarians, the judiciary, attorneys and forensic scientists may be involved in cases of animal cruelty, neglect or human crimes that may have an animal element. Additionally, the animal can be the victim, suspect or in some instances the witness of a crime. Given that acquittal or conviction is dependent upon the nature and veracity of the evidence, the quality of the evidence in an animal-related crime investigation must be beyond reproach. The book begins with a discussion of animal abuse and crimes against animals, crime scene investigation, and, from there, discusses various types of forensic examinations of the animal, culminating in a review of the judicial system and testimony in a court of law. All contributing authors are practicing professionals in law, veterinary medicine, and the private sector who provide current, best-practice evidence collection and forensic techniques. Chapters provide in-depth detail about the forensic clinical examination and forensic necropsy of small and large animal species, forensic radiology, forensic toxicology, bitemark analysis and animal behavior. Various, relevant forensic disciplines such as bloodstain pattern analysis, DNA analysis, animal sexual abuse, agroterrorism, animal hoarding, ritual crimes against animals, and animal fighting are discussed. Key Features: Presents established and accepted police techniques in animal crime scene investigation including identification, documentation and packaging of physical evidence and scene photography and videography Includes essential techniques to collect and preserve biological and DNA evidence for animal DNA testing Review of the forensic clinical examination and forensic necropsy of small and large animals Provides methods of evidence presentation in the courtroom, the nature of court room testimony, and the development of an expert report Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony fills the void of applied, real-world investigative techniques for the collection and presentation of veterinary forensic medical and scientific information. It will be a welcome reference to both the student and professional in the understanding all relevant evidentiary, investigative, and legal elements of the discipline.

It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In "Courts and Transition in Russia," Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, "Courts and Transition in Russia" should appeal to anyone interested in law, politics, or business in Russia - scholars and practitioners alike - as well as to students of comparative law, legal transition, and courts in new democracies.

This straightforward introduction to criminal procedure combines case excerpts with clear, detailed legal discussion and analysis to equip readers with a solid understanding of the field. Widely acclaimed author Dr. Joel Samaha is known for his unique ability to help readers grasp the complexities of law by clearly and carefully presenting all sides of an issue. The exciting new Eighth Edition addresses the entire criminal procedure process--from search and seizure to post-conviction sentencing and review by appellate courts--while providing new or expanded coverage of such key issues as terrorism/homeland security, the USA-PATRIOT Act, searches and seizures, military tribunals, recent changes to sentencing guidelines, and more.