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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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.

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

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

This book is concerned to explore the idea of imaginary penalities and to understand why the management of criminal justice and criminal justice systems has so often reached crisis point. Its underlying theme is that when political strategies of punitive populism are combined with managerialist techniques of social auditing, a new all-encompassing form of governance has emerged - powerless to deliver what it promises but with a momentum of its own and increasingly removed from proper democratic accountability.
A highly distinguished international group of contributors explores this set of themes in a variety of different contexts taken from the UK, N. America, Europe and Australia. It will be essential reading for anybody seeking to understand some of the root causes of increasing prison populations, social harms such as recidivism and domestic violence and the increasingly important role of criminal justice within systems of governance.

This volume initiates the completion of the calendars of medieval inquisitions post mortem for the years 1422-85. Academic Director and General Editor: Christine Carpenter This volume follows its predecessor numerically, but it initiates a new series to complete the calendars of medieval Inquisitions Post Mortem. The growth of interest in the late-medieval nobility and gentry and their estates, and the significance of IPMs for such research, makes it especially important that the gap for the years 1422-85 should be filled. The volume includes a wide-ranginggeneral introduction to the series by Dr Christine Carpenter, which considers the history and production of IPMs and their use as sources. Innovations include the addition of all jurors names, which it is hoped will encourage further interest in the prosperous villagers who characteristically sat on these juries, and details reflective of administrative processes. The volume covers the first five years of Henry VI's reign, a period of minority and of continuing war in France. Notable tenants include Edmund earl of March, Ralph earl of Westmorland and the de la Pole heiresses.

Franklin D. Roosevelt appointed 10 justices to the U.S. Supreme Court -- more than any president except Washington -- and during Roosevelt's presidency the Supreme Court gained more visibility, underwent greater change, and made more landmark decisions than it had in its previous 150 years of existence. This collection examines FDR's influence on the Court and the Court's growing influence on American life during his presidency.

Around one in five prisoners report the previous or current incarceration of a parent. Many such prisoners attest to the long-term negative effects of parental incarceration on one's own sense of self and on the range and quality of opportunities for building a conventional life. And yet, the problem of intergenerational incarceration has received only passing attention from academics, and virtually little if any consideration from policy makers and correctional officials. This book - the first of its kind - offers an in-depth examination of the causes, experiences and consequences of intergenerational incarceration. It draws extensively from surveys and interviews with second-, third-, fourth- and fifth-generation prisoners to explicate the personal, familial and socio-economic contexts typically associated with incarceration across generations. The book examines 1) the emergence of the prison as a dominant if not life-defining institution for some families, 2) the link between intergenerational trauma, crime and intergenerational incarceration, 3) the role of police, courts, and corrections in amplifying or ameliorating such problems, and 4) the possible means for preventing intergenerational incarceration. This is undeniably a book that bears witness to many tragic and traumatic stories. But it is also a work premised on the idea that knowing these stories - knowing that they often resist alignment with pre-conceived ideas about who prisoners are or who they might become - is part and parcel of advancing critical debate and, more importantly, of creating real change. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about more about families in prison.

The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence are determined. Its continuing significance is evidenced by the heated responses drawn by recent government proposals to reform rules of criminal procedure and evidence so as to alter the status of the trial within the criminal justice process and to limit the role of the jury. Yet for all of the attachment to trial by jury and to principles safeguarding the right to a fair trial there has been remarkably little theoretical reflection on the meaning of fairness in the trial and criminal procedure, the relationship between rules of evidence, procedure and substantive law, or the functions and normative foundations of the trial process. There is a need, in other words, to develop a normative understanding of the criminal trial. The book is based on the proceedings of two workshops which took place in 2003, addressing the theme of Truth and Due Process in the Criminal Trial. The essays in the book are concerned with the question of whether, and in what sense, we can take the discovery of truth to be the central aim of the procedural and evidential rules and practices of criminal investigation and trial. They are divided into four parts addressing distinct but inter-related issues: models of the trial (Duff, Matravers, McEwan); the meaning of due process (Gunther, Dubber); the meaning of truth and the nature of evidence (Jung, Pritchard); and legitimacy and rhetoric in the trial (Burns, Christodoulidis).

Drawing on court records from London and the South West, Sexual Forensics in Victorian and Edwardian England explores medical roles in trials for sexual offences. Its focus on sexual maturity, a more flexible concept than the legal age of consent, enables histories of sexual crime to be seen in a new light.

Examine an innovative strategy for fighting the war on drugs Drug Courts in Operation: Current Research provides an in-depth look at an increasingly utilized approach to rehabilitating substance abusers. Drug courts offer their participants a chance to better themselves by providing support and structure to those that do not have it in their life, offering substance abusers a chance to participate in rehabilitation in lieu of incarceration. This insightful book examines the history of drug courts as a principal treatment alternative to incarceration, outlines the risk factors of children living with drug-addicted parents, and introduces a program to help strengthen families.The book delivers vital information on: introducing programs to help prevent narcotic use by children with drug-addicted parents the need for cultural- and gender-specific treatment plans, especially in the treatment of women and African-American males treatment dosage effects the importance of length of participation to outcomes focus groups designed to help drug court participants with their employment needs predictors of engagement in court-mandated treatment programs how legal coercion of high-risk patients via the threat of incarceration motivates participants to succeed

Contents:
What is an expert witness?; so you want to be an expert; the attorney-expert relationship; what do you offer the attorney?; reports - to be or not to be?; how much are they paying you for your testimony?; play acting; can you determine cause? now the deposition; the courtroom, the judge and the jury; the trial comes eventually; nature of the attack on you; the aftermath.

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.

Gaming the System takes an active approach to learning about American government, using novel, exciting, and highly instructive games to help students learn politics by living it. These timeless games are the perfect complement to a core textbook in American government-covering key topics like the Constitution, the Supreme Court, Congress, political participation, campaigns and elections, the federal bureaucracy, the social contract, social movements, and public opinion-and can be applied to specific courses at other levels, as well. For Instructors: These nine games are designed to be easily inserted into courses, with all but one fitting into one class session and all flexible enough to adapt or scale as needed. Games are designed so that students will be ready to play after minimal preparation and with little prior knowledge; instructors do not need to design or prepare any additional materials. An extensive instructor-only online resource provides everything needed to accompany each game: summary and discussion of the pedagogical foundations on active learning and games; instructions and advice for managing the game and staging under various logistical circumstances; student handouts and scoresheets, and more. For Students: These games immerse participants in crucial narratives, build content knowledge, and improve critical thinking skills-at the same time providing an entertaining way to learn key lessons about American government. Each chapter contains complete instructions, materials, and discussion questions in a concise and ready-to-use form, in addition to time-saving tools like scorecards and 'cheat sheets.' The games contribute to course understanding, lifelong learning, and meaningful citizenship.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect. It also includes the U.S. Constitution and key provisions of Title 28 of the United States Code. The book's small size and text that is limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses who need quick and easy access to relevant statutory provisions during class or for their studies or exams.

This book is a practical guide to practice and procedure in courts and tribunals. It is aimed at the recently qualified practitioner, pupil barristers, trainee solicitors, or lawyers unversed in advocacy and procedure.

It provides a guide to applications in most areas of the law, with brief discussions of the relevant law, rules of procedure and practical tips. The applications covered are those which practitioners are likely to encounter in their first years of practice. In addition, each chapter attempts to anticipate likely pitfalls, with suggested solutions. The court system and techniques of advocacy are also covered.

This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.

Governance is a much wider concept than government and administration as traditionally understood. The tasks facing the public sector have altered with the development of New Public Management (NPM), the purchaser/provider divide, the move to best value, regardless of the delivery mechanism, contracting out, partnerships, devolved politics and globalization.

This book provides a useful overview of the latest research into the interaction between psychology and the courts. Leading scholars and practitioners review recent research and practice in a number of principal areas:
* adolescents in the legal system
* the role of juries
* competency to stand trial
* conditional release
* eyewitness evidence and testimony
* the role of the victims.

This book will address collateral legal consideration that may affect emergency service organizations. Its primary focus is on the relationship between the emergency service employee and the organisation. With the deterioration of "At Will" employment doctrine by Congress and courts, emerging new technologies, and the dwindling number of "unionized shops", emergency service organizations face the potential of increased litigation under new and novel theories in areas which were not even fathomed by emergency service organizations twenty years ago.
Written by a lawyer for non-lawyers, the book is not consumed with the basic legalese that most books of this kind are. It seeks to inform the user of his or her rights under the law in a clear and comprehensive way. Legal Liabilities in EMS will cover topics such as workers compensation, negligence issues, employment discrimination, Family and Medical Leave Act, EMS and privacy in the workplace. To provide extra guidance the text also provides cases exemplifying the issue and an appendix of websites that can provide further information.