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.

Although the issue of offender decision-making pervades almost every discussion of crime and law enforcement, only a few comprehensive texts cover and integrate information about the role of decision-making in crime. The Oxford Handbook of Offender Decision Making provide high-quality reviews of the main paradigms in offender decision-making, such as rational choice theory and dual-process theory. It contains up-to-date reviews of empirical research on decision-making in a wide range of decision types including not only criminal initiation and desistance, but also choice of locations, times, targets, victims, methods as well as large variety crimes including homicide, robbery, domestic violence, burglary, street crime, sexual crimes, and cybercrime. Lastly, it provides in-depth treatments of the major methods used to study offender decision-making, including experiments, observation studies, surveys, offender interviews, and simulations. Comprehensive and authoritative, the Handbook will quickly become the primary source of theoretical, methodological, and empirical knowledge about decision-making as it relates to criminal behavior.

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.

* Includes over 1050 full-color photographs, diagrams, and illustrations throughout * Presents the step-by-step processes for current and accepted best practices for photography in nearly every applicable forensic context * The most up-to-date and comprehensive book available on the market for forensic photography * Examines traditional and, primarily, digital photography and the changing landscape of photography in a forensic context. * Contributed to by more than 40 professionals with real-world-hands on forensic photography experience in a variety of scenarios

An important chapter in the rediscovery of Aristotle in the Middle Ages is the oeuvre of Bartholomew of Messina (Bartholomaeus de Messana), a translator at the court of Manfred, King of Sicily (1258 1266). However, the impact of both Bartholomew and Manfred on the cultural and intellectual life of their time remains understudied, especially in comparison to the attention received by the translator's contemporary, William of Moerbeke, and by the king's father, Frederick II of Hohenstaufen. The authors of Translating at the Court address the nature and importance of Bartholomew's oeuvre (and especially his translations of Aristotle), situate Bartholomew's activity in a broader context, and pay special attention to cultural life under the reign of Manfred.

Contributors: Pieter Beullens (KU Leuven), Charles Burnett (Warburg Institute, London), Valerie Cordonier (CNRS KU Leuven), Pieter De Leemans (KU Leuven), Fulvio Delle Donne (Universita della Basilicata), Elisabeth Deviere (KU Leuven), Michael Dunne (National University of Ireland, Maynooth), Dimitri Gutas (Yale University), Kotzia Paraskevi (Aristotle University, Thessaloniki), Alessandra Perriccioli Saggese (Seconda Universita di Napoli), Giacinta Spinosa (Universita di Cassino), Gudrun Vuillemin-Diem (Thomas-Institut, Koln), Steven J. Williams (New Mexico Highlands University), Mauro Zonta (Sapienza Universita di Roma)"

An indispensable reference for students studying the Court Specifically written to engage high-school students, Student's Guide to the Supreme Court presents a comprehensive overview of the history, traditions, and people of the highest court in the land. This one-stop source does not require any prior knowledge of the Supreme Court and covers topics that meet national high school curriculum standards. Part One consists of three informative essays: The Supreme Court: The Weakest or the Strongest Branch? How Does the President Nominate a Supreme Court Justice? Do They Matter? How Supreme Court Decisions Affect Modern American Life. Part Two is an alphabetical section of key words and legal concepts spanning abortion to writs of mandamus. The members of the current Roberts Court-including Sonia Sotomayor-are profiled here, as are all chief justices and notable associate justices. Part Three complements the first two sections with a generous sampling of influential primary source documents, including landmark decisions, excerpts from justices' papers, political cartoons, and constitutional provisions related to the Supreme Court. Key Features Easy-to-read Aligns with high school curriculum Unique three-part format

The Devil's Advocate, a best-selling advocacy manual in both the UK and the Commonwealth, brings a fresh approach to the Do's and Don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. The Devil's Advocate has quickly become the leading handbook and practical guide to advocacy in any adversarial courtroom, in any country, to be read and carried about by any advocate. Iain Morley QC is twenty years call in well-known London criminal chambers, prosecuting and defending in the Crown Courts, including many high-profile serious crime cases. He has taught advocacy skills pro bono to the Inner Temple juniors, written much of the teaching materials, and taught the teachers - including Silks and Judges. * Presents the leading book on advocacy, bridging the gap between reading about advocacy and how you actually do it* Written in a no-nonsense and engaging style to bring a fresh approach to studying advocacy * Explains the art of persuasiveness, how to make convincing speeches, and effective cross examination * Describes well-established techniques and exercises used in court for constantly improving questioning and witness control * Offers punchy advice and insightful comments on all of the necessary skills and processes involved in advocating * Uses examples throughout to illustrate key points and aids knowledge retention * Includes a new chapter on the International Criminal Tribunals which require an additional set of advocacy skills due to the dynamics thrown up, such as the need for simultaneous translations

Breaking Law, a judge's inside guide to everything you need to know about your legal rights is back: bigger, better and bang up to date. Written by Stephen Gold, a civil and family judge, legal broadcaster and journalist, this self-help best-seller has been significantly expanded with over 25 new chapters added to make this a 77 chapter bumper second edition covering even more of the legal problems we may all encounter at some time in our lives. So whoever you are - litigant in person, consumer or business owner and you can even be a professional lawyer or legal trainee to derive benefit from the book - you will find entertaining and enormously practical advice, written in straightforward language, direct from the judge's pen to help you succeed in your dispute - or at least lose well. Been overcharged at a supermarket? Overlooked in a relative's will? Sold duff goods? Sued for repossession by mortgage lender or landlord? Threatened by being left penniless after a divorce? You can find help here. But now in this second edition, you will also be armed to challenge that parking ticket, cope with a speeding or drink-drive prosecution, get your money back on a Covid cancelled holiday, resist excessive service charges from your landlord and much, much more. And Breaking Law Iooks like being the first book available to cover the new no-fault divorce laws that are due to come into force in April 2022. But Stephen does much more than explain rights. He takes you through how to behave in court (including how to cross-examine) whether it's a face-to-face or remote hearing. And the book is full of templates: letters to help you win without a court case; documents you can use if the dispute goes to court; and documents such as the change your name deed, the cohabitation agreement, the pre-nuptial agreement, the anti-gazumping agreement, the no-sex agreement and the longest will in the world from which you can chose who inherits and who doesn't. Throughout, Stephen's advice is illuminated by tales of how his own disputes with a myriad of businesses have gone. No disputes with the twins Ron and Reg Kray, though. He was their lawyer and there's a fascinating account of his professional relationship with them and his discovery of what became of Ron's brain. If you do think you need a lawyer, Stephen provides plenty of ideas of how to get legal advice before handing over any money along with how to source professional help in and out of courts and tribunals for those who cannot afford legal fees (and who can?!). From the moment you get out of bed, you could suddenly find yourself needing this book. So don't wait till the worst happens, get a copy and keep it handy like thousands of others have done over the last five years.

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

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.

Revised and updated to include the latest Supreme Court decisions, this classic text, now in its tenth edition, provides a concise overview of the judiciary in general and the Supreme Court in particular. The only book available that combines theory and practice of the judicial process with civil rights and liberties, The Judiciary acquaints students with the intricacies of our courts, the people who compose them, and their relationship to other branches of government, as well as to individuals and groups.

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.

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.

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.

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.

Next to a tax audit, one of the most daunting events in life has to be a legal deposition. The nervousness you felt when you learned you were to be called to testify, turns to absolute panic when you walk into a room full of lawyers, court stenographers, and opponents in the legal proceedings. You know that anything and everything you say will be examined under a microscope and that any inconsistencies or misstatements may lead to costly consequencies. Yes, there is a reason for that quiver in your voice. Finally, there is some help. Fred Friedberg, a noted lawyer in a corporate practice, offers an easy to read, concise, and helpful handbook for those who are facing a legal deposition. It takes them step by step through the process, from the basic ground rules to the follow-up. It covers the many "dos and don'ts" in plain language, and with the aid of humor explores the pitfalls and mistakes that you will face and how to avoid them. When you are finished reading it you will be able to face the process with the confidence that comes from understanding. In our litigious society, thousands of people face this ordeal every year. This book is designed for them. Every law firm in the country should have copies available for their clients.

Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth - its complexities and nuances - and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.

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.

1.Whereas many of the competing books focus on prisons, fewer focus on the concept of punishment, and its social and political context. 2. This book has a multi-disciplinary market across criminology, sociology and soco-legal studies. 3. This book is well-suited for upper level courses on punishment and penology, prisons and the criminal justice system.

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness, asking whether law should encourage individuals to forgive and when the courts, public officials and specific laws should forgive. Examining these questions through sometimes troubling cases with compassion and acumen, Minow acknowledges that there are grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. This type of lawful forgiveness might also nudge individuals and societies towards the respect and generosity that comes with apology and restitution. Forgiveness does not change the past but it does enlarge the future.

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.

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.

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 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.

Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions - an important aspiration of transitional processes - is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.