The term judicial opinion can be a misnomer as rarely are judges' true feelings on legal issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a series of revealing interviews, this book gathers empirical data from judges and justices from different legal systems to provide a scintillating look at how they view their jobs and cope with difficult legal matters. Interviews are conducted according to strict guidelines with a standardized format for consistency. Each chapter begins by describing the region and its style of judicial governance. This is followed by an interview with a judge or justice in the particular jurisdiction. They discuss their careers, personal judicial philosophies, the problems and successes they've experienced, and how theory influences practice in their jurisdiction. Many also discuss transnational relations and several chapters include glossaries that explain unfamiliar terms and acronyms. Each chapter concludes with the interviewer's assessment and observations. This structure allows readers to easily compare the views of judges and to see the similarities, the differences, and the uniqueness of the different legal models and systems. Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two is the seventh publication in the Interviews with Global Leaders in Policing, Courts, and Prisons series. The broad-based coverage of varying viewpoints in this text encourages a great breadth of understanding of global justice.

Ethics and regulation have been catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book attempts to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualizes the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. The text is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of pr

You've planned your revision and you know your subject inside out! But how do you apply what you have learned to get the best marks in the examination room? Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What's more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.

What suspects tell the police may become a crucial piece of evidence when the case comes to court. But what happens to 'the suspect's statement' when it is written down by the police? Based on a unique set of data from over fifteen years' worth of research, Martha Komter examines the trajectory of the suspect's statement from the police interrogation through to the trial. She shows how the suspect's statement is elicited and written down in the police report, how this police report both represents and differs from the original talk in the interrogation, and how it is quoted and referred to in court. The analyses cover interactions in multiple settings, with documents that link one interaction to the next, providing insights into the interactional and documentary foundations of the criminal process and, more generally, into the construction, character and uses of documents in institutional settings.

While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court's voting pattern, this book offers a contrarian position focused on close scrutiny of the justices' communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices' interactions among themselves and the advocates. In addition to offering advancements in scholars' understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research-the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court's oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

First published in 1973, this book offers a fascinating and systematic description of the debt-collection process in 1970s England. Basing his research on the words of creditors, debtors, solicitors and debt-collectors, Paul Rock's research was conducted when imprisonment for debt was still in existence. The book covers the major stages in a defaulter's career, from enforcement by his creditors and the work of the debt-collector, through the various processes of the law, often to a period of imprisonment. Particular attention is given to the attempts made by debt-collectors to manage an unusual form of deviance and the consequences of their actions.

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

Rhetoric scholars have articulated diverse approaches to both civil and human rights as political, ethical, and academic discourses. "Traditions of Testifying and Witnessing" initiates important interdisciplinary conversations within human rights rhetoric concerning the construction of rights knowledge, the role of advocacy, and politics of representations during acts of witnessing. Developing a conceptual framework for rhetorical inquiry into rights discourse, the collection of essays by established scholars demonstrates a range of approaches and subject matter. From textual analysis of AIDS politics and activism to theoretical discussions of the nature of rights rhetoric and confession, the book challenges many current assumptions about rights history and practices and still provides an introduction to the recent themes for classroom use. To encourage critical reflection on the assumptions, contentions, and implications of political representations and human rights, the editors have concluded the collection with a series of suggestive visual works without comment to prompt viewers' own engagement with them. This book was originally published as a special issue of Rhetoric Society Quarterly

The use of solitary confinement in prisons became common with the rise of the modern penitentiary during the first half of the nineteenth century and his since remained a feature of many prison systems all over the world. Solitary confinement is used for a panoply of different reasons although research tells us that these practices have widespread negative health effects. Besides the death penalty it is arguably the most punitive and dangerous intervention available to state authorities in democratic nations. Nevertheless, in the United States there is currently an estimated 80-100,000 prisoners in small cells for more than 22 hours per day with little or no social contact and no physical contact visits with family or friends. Even in Scandinavia, thousands of prisoners are placed in solitary confinement every year and with an alarming frequency. These facts have spawned international interest in this topic and a growing international reform movement, which includes researchers, litigators and human rights defenders as well as prison staff and prisoners. This book is the first to take a broad international comparative approach and to apply an interdisciplinary lens to this subject. In this volume neuroscientists, high level prison officials, social and political scientists, medical doctors, lawyers and former prisoners and their families from different countries will address the effects and practices of prolonged solitary confinement and the movement for its reform and abolition.

This book grew out of an experiment in Anglo-American legal study, in which distinguished American and English jurists studied the appellate courts of each other's countries, with a view to improving such courts in their own. Professor Karlen describes in detail the tribunals observed, and in a final chapter compares and contrasts appellate procedures in each country.

Sex offending, and in particular child sex offending, is a complex area for policy makers, theorists and practitioners. A focus on punishment has reinforced sex offending as a problem that is essentially 'other' to society and discourages engagement with the real scale and scope of sexual offending in the UK. This book looks at the growth of work with sex offenders, questioning assumptions about the range and types of such offenders and what effective responses to these might be. Divided into four sections, this book sets out the growth of a broad legislative context and the emergence of child sexual offenders in criminal justice policy and practice. It goes on to consider a range of offences and victim typologies arguing that work with offenders and victims is complex and can provide a rich source of theoretical and practical knowledge that should be utilised more fully by both policy makers and practitioners. It includes work on female sex offenders, electronic monitoring and animal abuse as well as exploring interventions with sex offenders in three different contexts; prisons, communities and hostels. Bringing together academic, practice and policy experts, the book argues that a clear but complex theoretical and policy approach is required if the risk of re- offending and further victimisation is to be reduced. Ultimately, this book questions whether it makes sense to locate responsibility for responding to sexual offending solely within the criminal justice domain.

First published in 1937, Prison from Within is a first-person account of a prisoner sentenced to imprisonment for eighteen months for fraud. It is a linear narrative honestly recording the various facets of prison culture, along with candid character analysis. The book touches upon philosophical notions of sin and remorse; the social groups of prisoners and the camaraderie shared among them; the poor living condition of prisons and the exploitation of prison labour; and the general politics of the time. The book successfully humanizes criminals and is an excellent reminder of the fact that the prison industry has only worsened with time. Prisons were designed for the purpose of 'cleansing' bourgeoise society; therefore, it is important to revisit the institution and question its utility in modern times. This book will be of interest to students and teachers of history, sociology, criminology, criminal justice, literature, and penology.

This sixth volume in the Oxford Law Colloquium Series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focus on proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with a consideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.

Clearly argued and written in nontechnical language, this book provides a definitive account of informed consent. It begins by presenting the analytic framework for reasoning about informed consent found in moral philosophy and law. The authors then review and interpret the history of informed consent in clinical medicine, research, and the courts. They argue that respect for autonomy has had a central role in the justification and function of informed consent requirements. Then they present a theory of the nature of informed consent that is based on an appreciation of its historical roots. An important contribution to a topic of current legal and ethical debate, this study is accessible to everyone with a serious interest in biomedical ethics, including physicians, philosophers, policy makers, religious ethicists, lawyers, and psychologists. This timely analysis makes a significant contribution to the debate about the rights of patients and subjects.

Women, Judging and the Judiciary examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.

This book offers a conceptual model for understanding the nature of legal competencies. The model is interpreted to assist mental health professionals in designing and performing assessments for legal competencies defined in criminal and civil law, and to guide research that will improve the practice of evaluations for legal competencies. A special feature is the book's evaluative review of specialized forensic assessment instruments for each of several legal competencies. Three-fourths of the 37 instruments reviewed in this second edition are new.

In No Place for Ethics, Hill argues that contemporary judicial review by the Supreme Court rests on its mistaken positivist understanding of law-law simply because so ordered-as something separate from ethics. To assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or making ethics an expression of law. To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the US Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and normatively based on principles, like that of justice and truth that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.

U.S. Supreme Court justices are studied publicly, but scant attention is generally paid to the judges who function daily in other courts of the world. Trends in the Judiciary: Interviews with Judges Across the Globe assembles a collection of interviews conducted by international scholars and researchers. It provides an insider s perspective of how members of the worldwide judiciary cope with significant legal developments and the issues they face in criminal and procedural law.

The subjects of these interviews administer justice in Australia, Austria, Bosnia-Herzegovina, the Republic of Slovenia, Canada, India, and the United States. Representing a variety of cultures, political environments, and economic systems, the interviewees each discuss their background, education, and career; their judicial role; the major changes and challenges they have experienced; and the relationship between theory and practice. In addition to the candid observations of the interview subject, each chapter provides a brief portrait of the national judicial system and court in which each judge serves.

Continuing the work of the International Police Executive Symposium (IPES) and the CRC Press series "Interviews with Global Leaders in Policing, Courts, and Prisons," the book enhances readers understanding of the judiciary and opens a dialogue between scholars, researchers, and practitioners. It is a major contribution to the study and practice of judging around the world.

Key Facts Key Cases: EU Law will ensure you grasp the main concepts of your EU Law module with ease. This book explains the facts and associated case law for: The constitution of EU law, its institutions, the sources of EU law and the means of enforcement The relationship with national law The law of the single market EU competition law EU discrimination law and other social policy Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

In this second edition of his introductory overview of the Model Penal Code (now titled: An Introduction to the Model Penal Code), Markus Dubber retains the book's original goal, approach, and structure as a companion to the Code. He reflects the Code's aim to present an accessible, comprehensive, and systematic account of American criminal law. This book unlocks the Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law. The content of the original edition has been thoroughly revised with citations to primary and secondary materials checked, updated, and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original version of the book has been expanded in places to provide additional context. As one of the world's most sophisticated criminal codes, the Model Penal Code also serves as an excellent platform for comparative analysis, particularly with code-based civil law systems that are often difficult to place alongside opinion-based common law systems.

"The latest edition of Smith and Keenan's English Law cannot fail to impress once again. This comprehensive introductory law text is a dependable companion for every non-law student and layman alike. The new authors are to be commended for successfully carrying on the tradition upon which the book's excellent reputation was built." Andrea Cerevkova, Senior Lecturer in Law, Edge Hill University. "Smith and Keenan's English Law is the most comprehensive text on English law available on the market. Suitable for students at all levels." Lachmi Singh, University of the West of England Have you ever wondered what exactly constitutes an unwritten constitution? What your rights are as an employee? When a contractual agreement is binding? Well-known for its uniquely comprehensive coverage of the legal system and the main, substantive areas of English law, Smith and Keenan's English Law is the definitive introduction to the law of the land and an all-purpose reference guide for students and professionals alike.

This text explores the role and work of China's supreme court - the Supreme People's Court - focusing especially on the court's role in the struggle concerning the establishment of the rule of law in China's judicial system. It discusses the differing positions of those who favour 'the rule of law' option, where there is organizational separation of legislature and judicial responsibility, and those who argue for the retention of China's present system where judges and the courts are subordinate to the Party and who are concerned by any increase in the court's independent interpretative activities.

The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting. After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.

This important new book examines the whole of the pre-trial phase of criminal investigation including the law relating to confessions, the right to silence, the admissibility of evidence obtained during pre-trial investigation and the highly charged issue of improperly obtained evidence. These are subjects which raise constant difficulties for the system of criminal justice in the United Kingdom, and elsewhere. As a consequence, there is much professional and academic interest in the subject.