The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c1000 B.C. through to its re-discovery in Europe where it was widely applied until the eighteenth century.

Combining a law specialist's informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments.

Including bibliographic references and organised accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.

This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c1000 B.C. through to its re-discovery in Europe where it was widely applied until the eighteenth century.

Combining a law specialist's informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments.

Including bibliographic references and organised accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.

A novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union.

Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis.

Divided into six chapters, it covers:

• the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject
• the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard'
• a taxonomy of forms in which Russian courts effectuate their law-creation functions
• current policies of courts in legal and socio-political matters
• joint-stock societies and arbitrazh courts.

Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.

Does the right to life under article 2 ECHR include the right to terminate one's life? Does the right to private life under article 8 ECHR include the right to sleep at night free from airplane noise? Does the right to property under article 1 Protocol 1 ECHR entitle the former King of Greece to claim compensation for the expropriation of royal property, following a referendum? Do homosexual couples have a right to adopt under article 8 ECHR? This book looks at both how the European Convention on Human Rights has, and ought to, be interpreted. Unlike a purely doctrinal approach, it aims at proposing an evaluative theory of interpretation for the European Convention on Human Rights. And, unlike a purely normative account, it seeks to locate interpretive values within the history of the ECHR by surveying and analysing all the relevant judgements of the European Court of Human Rights. Consequently, the book discusses cases as much as it discusses philosophical theories, striking an appropriate balance between the two. Examining how law should be interpreted and what legal rights individuals have, this book raises important questions of political morality that are both capable - and in need of - principled justification. George Letsas argues that evolutive interpretation does not refer to how most European member States now understand their obligations under the Convention but to how they should understand them given the egalitarian values that they share. He defends the idea of an emerging consensus combined with a theory of autonomous concepts as a way to provide the appropriate authority for the Court to adopt an egalitarian theory of human rights. A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.

Giving the reader an in-depth understanding of DNA evidence in criminal practice, this text explains in clear language how DNA evidence is obtained and how it can be successfully challenged in court to minimize its impact or even dismiss it completely.

Since it first entered the criminal legal practice DNA has become an indispensable tool in fighting crime, as it allows both unambiguous identification of the criminal by traces of biological material left at the crime scene as well as acquitting innocent suspects.

This book:

• outlines the various types of testing used to obtain DNA evidence
• highlights the weaknesses of DNA testing, presenting and discussing defence strategies for refuting DNA evidence
• shows how DNA should be treated as just another piece of evidence and how on its own it is often not enough to convict someone of a particular crime.

This book is essential reading for students and practitioners of criminal law and practice and forensic science and law.

English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general."

As Felix Frankfurter and James Landis write in their preface to "The Business of the Supreme Court," "To an extraordinary degree legal thinking dominates the United States. Every act of government, every law passed by Congress, every treaty ratified by the Senate, every executive order issued by the President is tested by legal considerations and may be subjected to the hazards of litigation. Other Nations, too, have a written Constitution. But no other country in the world leaves to the judiciary the powers which it exercises over us." This classic volume, first published in 1928, originated in a series of articles written by Frankfurter, then a professor of law at Harvard University, and his student, Landis, for the "Harvard Law Review." These articles chronicled and analyzed the many judiciary acts that were passed between 1789 and 1925, and illuminated the intimate connection between form and substance in the life of American law. For instance: When a community first decided to enact zoning laws--the Supreme Court had to approve. When the United States made a treaty with Germany following World War I--the Supreme Court had to define the limits and meaning of the treaty. Newly reissued with an introduction by constitutional expert Richard G. Stevens, "The Business of the Supreme Court" is still as fresh and relevant today as it was when first published. It is a work that will aid the student of the law to both love the law and remain true to its purposes.

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

This book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. It sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. In addition, international documents including the Uncitral Model Law and the New York Convention are included.

Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been 'written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved'. This book will be of much interest to students of criminology and British history, politics and law.

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

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.

Key Cases has been specifically written for students studying law. It is an essential revision tool to be used alone or with the partner Key Facts book in order to ensure a thorough knowledge of core cases for any given law topic. Understanding essential and leading cases fully is a vital part of the study of law - the format, style and explanations of Key Cases will ensure you have this understanding. The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include lecturers and barristers, who have brought their expertise and knowledge to the series to make it user-friendly and accessible. Key features include: essential and leading cases explained; user-friendly layout and style; cases broken down into key components by use of clear symbol system; pocket-sized and easily portable; highly-regarded authors and editors.

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.

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.

"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 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

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.