During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.

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.

First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.

"Henderson has written a most readable book about the development of US federal criminal law between 1801 and 1829. He raises several challenging questions: How well did the [criminal justice] system protect society? Did the system evolve in relation to social and economic change? What was the role of politics in this evolution? Did oppression occur?'" Choice

First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.

In DISSENT, award-winning investigative journalist Jackie Calmes brings readers closer to the truth of who Supreme Court Justice Brett Kavanaugh is, where he came from, and how he and the Republican party at large managed to secure one of the highest seats of power in the land. Kavanaugh's rise to the justice who solidified conservative control of the supreme court is a story of personal achievement, but also a larger, political tale: of the Republican Party's movement over four decades toward the far right, and its parallel campaign to dominate the government's judicial branch as well as the other two. And Kavanaugh uniquely personifies this history. Fourteen years before reaching the Supreme Court, during a three-year fight for a seat on the D.C. Circuit Court of Appeals, Democratic Senator Dick Durbin would say to Kavanaugh, "It seems that you are the Zelig or Forrest Gump of Republican politics. You show up at every scene of the crime." Featuring revelatory new reporting and exclusive interviews, DISSENT is a harrowing look into the highest echelons of political power in the United States, and a captivating survey of the people who will do anything to have it.

In the history of the U.S. Supreme Court, Associate Justice Charles Evans Whittaker (1957?1962) merited several distinctions. He was the only Missourian and the first native Kansan appointed to the Court. He was one of only two justices to have served at both the federal district and appeals court levels before ascending to the Supreme Court. And Court historians have routinely rated him a failure as a justice. This book is a reconsideration of Justice Whittaker, with the twin goals of giving him his due and correcting past misrepresentations of the man and his career. Based on primary sources and information from the Whittaker family, it demonstrates that Whittaker's life record is definitely not one of inadequacy or failure, but rather one of illness and difficulty overcome with great determination. Nine appendices document all aspects of Whittaker's career. Copious notes, a selected bibliography, and two indexes complete a work that challenges the historical assessment of this public servant from Missouri.

Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

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.

Contemporary Corrections: A Critical Thinking Approach introduces readers to the essential elements of the US corrections system without drowning students in a sea of nonessential information. Unbiased and accessible, the text includes coverage of the history of corrections, alternatives to incarceration, probation/parole, race/ethnicity/gender issues in corrections, re-entry into the community, and more. The authors' unparalleled practical approach, reinforced by contemporary examples, illuminates the role corrections plays in our society. The authors have reinvigorated earlier work with additional content on international comparative data to increase our understanding of how prison officials in other nations have developed different types of responses to the problems that challenge every US correctional administrator, a new chapter on correctional personnel, and an integration of race and ethnicity issues throughout the book. Unrivaled in scope, this book offers undergraduates a concise but comprehensive introduction to corrections with textual materials and assignments designed to encourage students' critical thinking skills.

HOW INNOVATIVE JUDGES AND ATTORNEYS ARE TRANSFORMING AMERICAN COURTS Public confidence in American criminal courts is at an all-time low. Victims, communities, and even offenders view courts as unable to respond adequately to complex social and legal problems including drugs, prostitution, domestic violence, and quality-of-life crime. Even many judges and attorneys think that the courts produce assembly-line justice. Increasingly embraced by even the most hard-on-crimes jurists, problem-solving courts offer an effective alternative. As documented by Greg Berman and John Feinblatt - both of whom were instrumental in setting up New York's Midtown Community Court and Red Hook Community Justice Center, two of the nation's premier models for problem-solving justice - these alternative courts re-engineer the way everyday crime is addressed by focusing on the underlying problems that being people into the criminal justice system to being with. features, in addition to the Midtown and Red Hook models, an in-depth look at Oregon's Portland Community Court and reviews the growing body of evidence that the problem-solving approach to justice is indeed producing positive results around the country. Drug-addicted offenders who successfully complete treatment in problem-solving courts are 71 per cent less likely to be rearrested in New York State alone, it is estimated that problem-solving drug courts have saved more than USD254 million in incarceration costs

Court-Managed Civil Procedure of the High Court of Namibia: Law, Procedure and Practice represents the first textbook of its kind and introduces the reader to the most important reforms that have taken place since 2011 in the civil procedure of Namibia's High Court. During this period, the High Court of Namibia successfully implemented judicial case management, electronic filing, and court-connected alternative dispute resolution. Written by the head of Namibia's High Court and architect of the reform of that Court's civil process since he assumed office in 2004, the book demonstrates how the judges' and lawyers' roles have changed under judicial case management guided by the reformed civil justice system's overriding objective to 'facilitate the resolution of the real issues in dispute justly and speedily, efficiently and cost effectively' at minimum cost. The book maps the process by which Namibia was transformed from an orthodox adversarial system into one where the pace of civil litigation has been removed from litigants and lawyers and placed in the hands of judges. In that sense, the book holds important lessons for jurisdictions such as South Africa which, plagued by delay in delivery of civil justice, are considering radical reforms to their civil justice systems. Court-Managed Civil Procedure of the High Court of Namibia shows how the court rules from the old order have either been discarded or repurposed to achieve the salutary goals of judicial case management. The book explains the High Court's jurisdiction and how that court fits in Namibia's judicial architecture. The procedures are explained in easy to follow language and with logical coherence. There is detailed reference to Namibian and comparative authority throughout, demonstrating its scholarship as well as its enormous usefulness to practitioners, judges, and students of law alike, not only in Namibia but in common-law jurisdictions of especially Southern Africa. This work is destined to be an indispensable handbook on judicial case management, as well as on all other aspects of civil procedure which are eloquently discussed with reference to Namibian and comparative case law.

A comprehensive collection of the essential writings on race and crime, this important Reader spans more than a century and clearly demonstrates the long-standing difficulties minorities have faced with the justice system. The editors skillfully draw on the classic work of such thinkers as W.E.B. DuBois and Gunnar Myrdal as well as the contemporary work of scholars such as Angela Davis, Joan Petersilia, John Hagen and Robert Sampson. This anthology also covers all of the major topics and issues from policing, courts, drugs and urban violence to inequality, racial profiling and capital punishment. This is required reading for courses in criminology and criminal justice, legal studies, sociology, social work and race.

This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

Handbook on the Consequences of Sentencing and Punishment Decisions, the third volume in the Routledge ASC Division on Corrections & Sentencing Series, includes contemporary essays on the consequences of punishment during an era of mass incarceration. The Handbook Series offers state-of-the-art volumes on seminal and topical issues that span the fields of sentencing and corrections. In that spirit, the editors gathered contributions that summarize what is known in each topical area and also identify emerging theoretical, empirical, and policy work. The book is grounded in the current knowledge about the specific topics, but also includes new, synthesizing material that reflects the knowledge of the leading minds in the field. Following an editors' introduction, the volume is divided into four sections. First, two contributions situate and contextualize the volume by providing insight into the growth of mass punishment over the past three decades and an overview of the broad consequences of punishment decisions. The overviews are then followed by a section exploring the broader societal impacts of punishment on housing, employment, family relationships, and health and well-being. The third section centers on special populations and examines the unique effects of punishment for juveniles, immigrants, and individuals convicted of sexual or drug-related offenses. The fourth section focuses on institutional implications with contributions on jails, community corrections, and institutional corrections.

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law.

This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order.

Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns - the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency-as well as the term's best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges' and lawyers' habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

The Crisis in the American Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and I agree, that crushing caseloads and court dockets certainly qualify as a crisis, I suggest there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, I propose a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advise regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.

The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.

Memory and Sexual Misconduct: Psychological Research for Criminal Justice investigates the veracity of memories of sexual misconduct and the factors that may influence accurate recall, and fundamentally assesses whether psychological science can help the criminal justice system in determining which accusations are likely to be accurate, and which are not. In recent years, the public has been inundated with announcements of sexual assault allegations, in particular against public figures like politicians, businessmen, movie moguls, and professional athletes. Many of these accusations concern events that occurred several years prior to their announcements and trials. Drawing upon a compilation of real-life sexual assault cases and psychological science on recall and sexual trauma, this book provides an analysis of memory reports of sexual misconduct, including inappropriate comments, behaviors, harassment, and assault. It compares these memories with other types of memory, such as flashbulb memories, co-witness conformity memory, and autobiographical memory. Memory and Sexual Misconduct helps readers interpret the role of emotion, the level of detail, and the possible distinction between someone remembering a past event and believing the past event occurred. By providing a thorough evaluation of the likelihood that misconduct memories are accurate and investigating factors that affect this accuracy, Memory and Sexual Misconduct is an invaluable text to both the criminal justice system and the general public, particularly as sexual misconduct allegations of past events continue to come to light.

Courts considering the future of maltreated children face complex and controversial questions, and the professional experts advising the courts must often address dilemmas which are key to the child's future but challenge the limits of current knowledge.

Studies in the Assessment of Parenting brings together acknowledged experts who consider difficult questions that can arise during family proceedings, and respond with practical approaches for dealing with these demanding and complex issues. A wide range of chapter topics place emphasis on considering the child's perspective whilst assessing parents who show a range of problems. Chapter topics are presented as challenging questions such as:
· What principles guide parenting assessments?
· Can parents with personality disorders adequately care for children?
· How does a judge weigh up a case?

Studies in the Assessment of Parenting offers a review of the latest literature but moreover a practical guide essential to those such as psychiatrists, psychologists, social workers and paediatricians who give their expert opinions to courts in child care cases. In addition it will inform a range of professionals involved in day-to-day child protection work or whose role it is to enhance the safety and well-being of children within their families.

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Ruth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson.

Franklin D. Roosevelt appointed ten justices to the U.S. Supreme Court - more than any president except Washington - and during his presidency from 1933 to 1945, the Court gained more visibility, underwent greater change, and made more landmark decisions than it had in its previous 150 years of existence. FDR challenged, confronted, and ultimately transformed the Supreme Court from a conservative, anti-interventionist institution opposed to government involvement in the economy to a liberal, activist Court that expanded government powers, protected civil liberties, and promoted civil rights. This collection of ten essays examines FDR's influence on the Supreme Court and the Court's growing influence on American life during his presidency. Subjects include the court-packing fight of 1937, the impact of the New Deal on the Court, key FDR appointments (Hugo Black, Felix Frankfurter, and William O. Douglas), and the Roosevelt Court's enduring legacy.