Judicial ethics is a surprisingly underexplored area and this volume marks an important point in this relatively new but commendably growing field of studies. The areas covered range from the metaethics of decision and how this impacts the judiciary to the ethical evaluation of the substance and procedure of a decision and codes of judicial conduct. Addressing each of these meanings and more, this collection brings together for the first time many, if not most, of the 'canons' (or soon-to-be 'canons') of modern judicial ethics scholarship. The previously published articles have created new interdisciplinary, historical, cultural and doctrinal understandings of judicial character, conduct, regulation and development, and bringing them together in one volume provides readers with the opportunity to review the field more readily and comprehensively.

Throughout her entire career, Judge Polier continually fought for the rights and needs of the poor. In this volume she describes the granting and denial of justice toward the poor -- particluarly poor children -- she observed during her tenure as a Family Court Judge in New York City. The book discusses the current state of the justice system and the outlook for the future. This volume helps readers understand how broadly shared the responsibility for the neglect of today's youth is and how society must reshape its attitudes and realign its priorities to help the thousands of children who are dependent upon the public for care and support. The book identifies how the courts have been weakened by their loss of direct contact with delinquent and neglected children and the "need for humanity and respect in dealing with difficult human problems." (from the introduction). From her personal experiences and observations, Judge Polier describes the granting and denial of justice she observed while she consistently emphasizes the need for direct contact with delinquent and neglected children. For students, professional, and researchers in sociology, criminal justice, and any social science discipline dealing with children and children's problems, Polier's book provides a behind-the-scenes look at one of the major problems facing society today.

Discover how the law of evidence operates within Scotland, and in the larger context of UK and European laws of evidence. This new edition has been updated with the latest case law and the latest legislation, including the Double Jeopardy (Scotland) Act 2014, the Criminal Justice (Scotland) Act 2016 and changes made to the law on vulnerable witnesses by the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2014. Helpful student features include Essential Facts and Essential Cases for each chapter.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

This book provides and accessible text and critical analysis of the concepts and delivery of community justice, a focal point in contemporary criminal justice. The probation service in particular has undergone radical changes in relation to professional training, roles and delivery of services, but now operates within a mosaic of a number of inter-agency initiatives. This book aims to provide a critical appreciation of community justice, its origin and direction, and to engage with debates on the ways in which the trend towards community justice is changing the criminal justice system. At the same time it examines the inter-agency character of intervention and the developing idea of end-to-end offender management, and familiarises the reader with a number of more specialist area, such as hate crime, mental illness, substance abuse, and victims.

Most English legal texts before 1600, and many from the seventeenth century are written in law French, a dialect which differs considerably both from current French and from old Norman French. Only two guides to law French were published , one in 1701 and the other in 1779: both were full of errors and omissions. This current manual is a revised and considerably enlarged version of the first edition which was published in 1779, the first law French manual to appear since the eighteenth century. The manual is the only current guide to the law French used in English law books between the thirteenth and seventeenth centuries, an essential reference tool for law libraries, students and practitioners of English legal history. This manual is a revised and considerably enlarged version of the 1979 edition. It is the only current guide to the law French used in English law books between the thirteenth and seventeenth centuries, and is an essential reference tool for law libraries, students and practitioners of English legal history.

Examines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public's imagination of the legal system. For the country's federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit's The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors' work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents "the first ethnographic study of US attorneys," according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned-as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case-an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation. Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.

Although European scholars have called U.S. punitive damages an "(undesired) peculiarity of American law " and the "Trojan horse of the Americanisation of continental law", the European Union cannot close its eyes to this important feature of U.S. law. Despite being under constant scrutiny, punitive damages have a strong foothold on the other side of the ocean. Moreover, due to increased globalisation, transnational litigation is arguably on the rise. In cross-border law suits, it is inevitable that a jurisdiction will encounter legal institutions that are alien to the substantive law of the forumThis book examines the private international law treatment of American punitive damages in the European Union. It poses the crucial question whether U.S. punitive damages (should) penetrate the borders of the European Union through the backdoor of private international law. More specifically, three areas of private international law are analysed: service of process, applicable law and enforcement of judgments.In addition to describing the current positions in case law and scholarship, the book takes a normative perspective and attempts to formulate concrete guiding principles that can be used when the European legal order faces U.S. punitive damages. It, therefore, provides an invaluable resource for practitioners, judges and authorities confronted with this controversial remedy. Furthermore, as a nation's private international law attitude indicates the country's level of tolerance towards a foreign concept unknown in its own legal system, the book can form an essential building block for discussions amongst legislators surrounding the introduction of the remedy of punitive damages in substantive law.

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime.This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

This is the second volume in a new series designed to cover the previously-neglected inquisitions post mortem of the fifteenth century between 1422 and 1485. Inquisitions post mortem were compiled with the help of jurors from the area, as a county-by-county record of a deceased individual's land-holdings and associated rights, where the individual held land directly of the crown. It is this explicit connection with land and locality - in terms economic, social, political, and topographical - that makes these documents of comprehensive interest to a broad range of historians and archaeologists. The inclusion of jurors' names and full manorial extents is standard in the new series as is the calendaring of information offered by the associated writs. Analogous documents consist of proofs of age, of particular interest to historians of memory, and assignments of dower. CLAIRE NOBLE is a Research Associate, Faculty of History, University of Cambridge. Academic Director and General Editor: CHRISTINE CARPENTER

This book on the EU Private Damages Directive (PDD) offers an in-depth discussion of selected issues of interpretation of the PDD. The Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law by an undertaking or by an association of undertakings, can effectively claim full compensation for that harm from that undertaking or association.Each section corresponds with a chapter of the PDD and commences with a description of the general context within which the specific questions must be placed and understood. The outcome of the actual discussion is then provided in a Q&A format. The chapters are the result of a Closed Workshop organised on 21 May 2015 in Brussels, Belgium and which was attended by a group of competition law specialists from the majority of the EU Member States.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

Crime Scene Unit Management: A Path Forward is a must-have resource for anyone involved with forensic investigations and the search for evidence at the crime scene. The book provides standards for how to manage a crime scene so that evidence is collected and preserved without errors and includes guidelines for how to implement the standards and set up regional training programs for smaller jurisdictions with tighter budgets. Key features include examples, checklists, and flow charts for evidence handling and routing. CSIs, fire investigators, homicide investigators, accident investigators, police executives, and students of forensic science will benefit from this thorough approach to how the crime scene-and the personnel charged with tending to the evidence-should be managed.

The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition , is a succinct, trusted guide to the law of capital punishment in the United States.

This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.

From learning the basic definition of a law, to understanding how a case reaches the Supreme Court, this essential reference tool provides over 500 questions and accessible answers on the complex subject of U.S. court and legal systems.

CQ's Desk Reference on American Courts is the only ready-reference book that provides quick answers to real questions -- such as what kind of disputes would you take to small claims court; or how do people get chosen for jury duty?

CQ's Desk Reference on American Courts provides the answers on such topics as:
-- Explanations of the judicial process and procedures
-- State and federal court institutions
-- Definitions, concepts, and terms
-- Discussions of important cases and interesting firsts.

Offers a new understanding of jailhouse informants and the role they play in wrongful convictions Jailhouse informants-witnesses who testify in a criminal trial, often in exchange for some incentive-are particularly persuasive to jurors. A jailhouse informant usually claims to have heard the defendant confess to a crime while they were incarcerated together. Research shows that such testimony increases the likelihood of a guilty verdict. But it is also a leading contributor to wrongful convictions. Informants, after all, are generally criminals who are offering testimony in return for some key motivator, such as a reduced sentence. This book offers a broad overview of the history and legal and psychological issues surrounding the testimony of jailhouse informants. It provides groundbreaking psychological research to address how they are used, the number of convictions that have ultimately been overturned on other evidence, how such informants are perceived in the courtroom, and by what means jurors might be informed about the risks of this type of testimony. The volume provides a much-needed examination of legal remedies to the impact of jailhouse informants and suggests best practices in dealing with jailhouse informant testimony in court. There is a critical need to understand the influence of jailhouse informants and how their testimony can best be handled in court in the interests of justice. Jailhouse Informants is the first work of its kind that rises to the challenge of answering these difficult questions.

'The role of the European judiciary in the process of European integration cannot be overestimated. The achievements of European integration after the second world war are usually analyzed from the perspective of political decisions that were made, initially, by the Founding Fathers and, subsequently, by the political leaders of the European countries. However, in the public debate we very often forget how much we owe to the two supreme jurisdictions of Europe, that is the Court of Justice of the European Union and the European Court of Human Rights. The continuing extension of the competences of the European Union, especially in the field of economic and monetary policy, calls for a new assessment of the nature of the decision-making process at the European level.'-- From the foreword by Prof. Maciej Szpunar, Advocate General at the Court of Justice of the European Union'The European judiciary i.e. the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national courts interpreting and applying European law sensu largo have shaped [the process of European integration] actively, alongside the Founding Fathers, European nations, European states and their citizens. The involvement of the judiciary raises its own wide range of questions concerning the very nature of democracy. Much ink has already been spilled over issues such as democratic legitimacy, subsidiarity and accountability, the rule of law or judicial activism.[...] seventeen scholars from across Europe [...] share their views on the European judiciary as a challenge for democracy. The various contributions to the present volume are split into two parts. The first provides ten chapters on the judicial systems of the European Union (EU), discussing, inter alia, recognition of democratic principles in the case law of the CJEU, contribution thereof to the democratisation of the Union and reception of EU law in the Member States. The second part discusses the judicial means to protect human rights in Europe, consisting of three chapters devoted to the promise of advisory opinions of the ECtHR as well as to democratic standards for voting and for fair trial.'-- From the preface by the Editors'[...] the editors, authors and the publisher of this volume decided to take a closer look at the relation between democracy and activities of something that might be called ''European judicial systems''. And what is intriguing these systems are perceived here as a challenge for democracy.[...] This book does not exhaust all problems and issues for European judicial systems confronted with the very notion of democracy; there are simply too many of them. But it comes with a fresh look on perhaps the most pertinent ones, like the issue of the legal creativity of judges in both Luxembourg and Strasbourg. It was worth waiting for this volume.'-- Prof. Dr. Paul De Hert, Free University Brussels and Tilburg University

This book, one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalization of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.

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.

The first volume of the Trends in Corrections: Interviews with Corrections Leaders Around the World series introduced readers to the great diversity that exists cross-culturally in the political, social, and economic context of the correctional system. Presenting transcribed interviews of corrections leaders, it offered a comprehensive survey of correctional programming and management styles used across nations. The general conclusion drawn from the inaugural publication was that the correctional leaders interviewed exhibited striking similarities despite vast differences in the social and political climates in which they worked. They all appeared to struggle with some of the same issues. With a fresh set of interviews exploring further cross-cultural differences and similarities, Volume Two extends the reach to several new countries, including Slovenia, Slovakia, Northern Ireland, Switzerland, and France. The interviews are conducted by scholars or practitioners with intimate knowledge of correctional practice and who are familiar with the correctional system in the country of the interviewees. They expand the knowledge base by asking correction leaders specifically about the impact of the economic downturn on corrections in each country, the changes in correctional practice they've experienced, and how they think about and evaluate trends and developments. This revealing series affords correctional leaders an unprecedented opportunity to express their views on current practices and the future of corrections in their countries, facilitating the development of solutions to corrections challenges worldwide. This book is a volume in the Interviews with Global Leaders in Policing, Courts and Corrections series.

The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.

This new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.

This provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country's long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law - in such areas as corruption, business regulation, and federalism - and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth.