The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

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.

"Covering the Courts" shows how writers and journalists deal with present-day major trials, such as those involving Timothy McVeigh and O.J. Simpson. The volume features such outstanding contributors as Linda Deutsch and Fred Graham, and provides an in-depth look at the performance of the court in an age of heightened participation by reporters, camera operators, social scientists, major moguls of network radio and television, and advocates of special causes. The volume does far more than discuss specific cases. Indeed, it is a major tool in the study of the new relationships between a free press and a fair trial. Interestingly, a consensus is described in which the parties involved in efforts to balance freedom of the press and the right to a fair trial are moving in tandem. In this regard, sensitive issues ranging from the universality of law to the particularity of racial, religious, and gender claims, are explored with great candor. The volume also turns the intellectual discourse to its major players: the members of the press, the lawyers, and the judiciary. Has there been a shift from reporting functions to entertainment values? Does television and live presentation shift the burden from the contents of a case to the photogenic and star quality of players? What excites and intrigues the public: serious disturbances to the peace and mass mayhem, such as the Oklahoma bombings or sexual adventures of entertainment and sports figures? The findings are sometimes disturbing, but the reading is never dull. This book will be of interest to journalists, lawyers, and the interested general public. This volume is the latest in the Transaction Media Studies Series edited by Everette E. Dennis, dean of the school of communication at Fordham University. The volume itself is edited by "Robert Giles," the editor, and "Robert W. Snyder," the managing editor, of "Media Studies Journal." The original contributions were initially presented at The Freedom Forum and its Media Studies Center.

During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. Judges now have more influence over our private and public lives than ever before. The effect of this change has been to transform the judiciary from an inward-looking elite into an increasingly heterogeneous professional body. 'The New Judiciary' examines the developments which have taken place in the appointment, training and scrutiny of judges as a result of the expanding judicial role. It highlights the increasing tension between the requirements of judicial independence and accountability which these changes are producing. The traditional insulation of the judiciary from all external influences is being challenged by the need for greater openness and public scrutiny of the judicial process. The passing of the Human Rights Act 1998, incorporating the European Convention on Human Rights into domestic law represents another stage in this process by expanding the policy-making role of the senior judiciary still further. As a result, the continuing modernisation of the judiciary, which is the subject of this book, will be a increasingly important feature of the legal and political process in the years ahead.

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on - and will prompt lawyers to pose fresh questions about - the common law tradition and the nature of judicial decision-making.

In 1984, Billie Dziech co-wrote "The Lecherous Professor," one of the first books to articulate the problem of sexual harassment on college campuses. Since that time a number of books exploring the issues, cases, and laws have moved the topic into the public eye. This work, the brainchild of a lawyer and an academic, reflects on some of the more controversial and overlooked aspects of sexual harassment and its litigation and law.
Chapters cover the legal and regulatory evolution of the issue and its context in higher education at the end of the 20th century; the importance of having colleges approach policy making and harassment by analyzing their own environment; an examination of the treatment of women experiencing harassment, with special focus on women who appear unscathed by it; the situation of the male on campus and the problem of non-meritorious cases; the most familiar myths of consensual relationships and the role of bans in dealing with them; and the contention that the sexual harassment issue has exposed higher education's excesses and contradictions.

Often thought to be a primitive or ancient practice, scapegoating is revealed here as occurring in the justice systems of modern democracies. Ann Daniel, as a first-hand witness, documents several widely publicized disciplinary cases brought against prominent professionals in law and medicine. These were the people who became scapegoats as their professional communities tried to rid itself of troubles and confusions threatening their reputation at the time.
"Scapegoats for a Profession" is an insightful and ground breaking analysis of the scapegoat as a sociological process, which emerged from a three-year Australian Research Council grant into disciplinary practices in the professions. While appealing to those fascinated by famous trials and the workings of discipline and punishment, this book is essential reading for professionals, students and academics in the social sciences, management, law, and medicine.

Often thought to be a primitive or ancient practice, scapegoating is revealed here as occurring in the justice systems of modern democracies. Ann Daniel, as a first-hand witness, documents several widely publicized disciplinary cases brought against prominent professionals in law and medicine. These were the people who became scapegoats as their professional communities tried to rid itself of troubles and confusions threatening their reputation at the time.
"Scapegoats for a Profession" is an insightful and ground breaking analysis of the scapegoat as a sociological process, which emerged from a three-year Australian Research Council grant into disciplinary practices in the professions. While appealing to those fascinated by famous trials and the workings of discipline and punishment, this book is essential reading for professionals, students and academics in the social sciences, management, law, and medicine.

In this thought-provoking book, psychologist and scholar Jewelle Taylor Gibbs puts the Rodney King and O. J. Simpson trials under the microscope to show that the issue of race was at the very heart of both of these emotionally charged cases. And, she observes, given the racial and ethnic composition of the members of the two juries, their verdicts were all but predictable in view of their different experiences with the police.Race and Justice reviews the turbulent events of the two so-called trials of the century and examines them from a social and political framework of race relations and police misconduct. The author points out that King and Simpson, two apparently dissimilar men, came from remarkably similar backgrounds. And she shows how their trials have linked them forever as symbols of the different worlds inhabited by blacks and whites in America. Gibbs's compelling analysis of the issues that permeated these trials will challenge even the most cynical observer to rethink any previously held assumptions about race and the criminal justice system.

The award-winning "radically original" (The Atlantic) restorative justice leader, whose work the Washington Post has called "totally sensible and totally revolutionary," grapples with the problem of violent crime in the movement for prison abolition A National Book Foundation Literature for Justice honoree A Kirkus "Best Book of 2019 to Fight Racism and Xenophobia" Winner of the National Association of Community and Restorative Justice Journalism Award Finalist for the Goddard Riverside Stephan Russo Book Prize for Social Justice In a book Democracy Now! calls a "complete overhaul of the way we've been taught to think about crime, punishment, and justice," Danielle Sered, the executive director of Common Justice and renowned expert on violence, offers pragmatic solutions that take the place of prison, meeting the needs of survivors and creating pathways for people who have committed violence to repair harm. Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety-at a great cost to communities, survivors, racial equity, and the very fabric of our democracy. Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses. Called "innovative" and "truly remarkable" by The Atlantic and "a top-notch entry into the burgeoning incarceration debate" by Kirkus Reviews, Sered's Until We Reckon argues with searing force and clarity that our communities are safer the less we rely on prisons and jails as a solution for wrongdoing. Sered asks us to reconsider the purposes of incarceration and argues persuasively that the needs of survivors of violent crime are better met by asking people who commit violence to accept responsibility for their actions and make amends in ways that are meaningful to those they have hurt-none of which happens in the context of a criminal trial or a prison sentence.

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior.
This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem.
Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment.
Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events.
Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.

Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior.
This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem.
Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment.
Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events.
Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk as they deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle, fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.

Framed. Imprisoned. Pregnant. Jenna thought she had the perfect life: a loving fiance, a great job, a beautiful home. Then she finds her stepdaughter murdered; her partner missing. And the police think she did it... Locked up to await trial, surrounded by prisoners who'd hurt her if they knew what she's accused of, certain someone close to her has framed her, Jenna knows what she needs to do: Clear her name Save her baby Find the killer But can she do it in time? Praise for Angela Clarke 'Pacey, fiercely feminist, compulsively readable' The Pool 'Written in the sharpest style...Clarke is certainly someone to watch' Daily Mail 'Crime writing with attitude' Mark Edwards, author of The Retreat

Condemned to Die is a book about life under sentence of death in American prisons. The great majority of condemned prisoners are confined on death rows before they are executed. Death rows typically feature solitary confinement, a harsh regimen that is closely examined in this book. Death rows that feature solitary confinement are most common in states that execute prisoners with regularity, which is to say, where there is a realistic threat that condemned prisoners will be put to death. Less restrictive confinement conditions for condemned prisoners can be found in states where executions are rare. Confinement conditions matter, especially to prisoners, but a central contention of this book is that no regimen of confinement under sentence of death offers its inmates a round of activity that might in any way prepare them for the ordeal they must face in the execution chamber, when they are put to death. In a basic and profound sense, all condemned prisoners are warehoused for death in the shadow of the executioner. Human warehousing, seen most clearly on solitary confinement death rows, violates every tenet of just punishment; no legal or philosophical justification for capital punishment demands or even permits warehousing of prisoners under sentence of death. The punishment is death. There is neither a mandate nor a justification for harsh and dehumanizing confinement before the prisoner is put to death. Yet warehousing for death, of an empty and sometimes brutal nature, is the universal fate of condemned prisoners. The enormous suffering and injustice caused by this human warehousing, rendered in the words of the prisoners themselves, is the subject of this book.

Condemned to Die is a book about life under sentence of death in American prisons. The great majority of condemned prisoners are confined on death rows before they are executed. Death rows typically feature solitary confinement, a harsh regimen that is closely examined in this book. Death rows that feature solitary confinement are most common in states that execute prisoners with regularity, which is to say, where there is a realistic threat that condemned prisoners will be put to death. Less restrictive confinement conditions for condemned prisoners can be found in states where executions are rare. Confinement conditions matter, especially to prisoners, but a central contention of this book is that no regimen of confinement under sentence of death offers its inmates a round of activity that might in any way prepare them for the ordeal they must face in the execution chamber, when they are put to death. In a basic and profound sense, all condemned prisoners are warehoused for death in the shadow of the executioner. Human warehousing, seen most clearly on solitary confinement death rows, violates every tenet of just punishment; no legal or philosophical justification for capital punishment demands or even permits warehousing of prisoners under sentence of death. The punishment is death. There is neither a mandate nor a justification for harsh and dehumanizing confinement before the prisoner is put to death. Yet warehousing for death, of an empty and sometimes brutal nature, is the universal fate of condemned prisoners. The enormous suffering and injustice caused by this human warehousing, rendered in the words of the prisoners themselves, is the subject of this book.

Just Lawyers proposes a model for the regulation and organization of lawyers, guided by an ideal of access to justice. It is grounded in empirical analysis of why people complain about lawyers, the nature of existing legal institutions, and the ethical ideals of the profession. Parker weaves the normative theory of deliberative democracy with the empirical law and society tradition of research on the limits and possibilities of law. She shows that access to justice can only occur in the interaction between courtroom justice, informal everyday justice, and social movement politics. Lawyers' justice should educate people's justice to improve the justice quality of everyday relationships and transactions, while community concerns (including community access to justice concerns) should reshape lawyers' regulation, organization, and practices to improve substantive justice. Just Lawyers shows how legal proffesionalism can only be revitalized through the reform of access to justice beyond lawyers.

Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant's role as a participant in the criminal process and the ramifications of penalising a defendant's non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant's duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

Although there is controversy surrounding the Criminal Justice and Public Order Act 1994, it is a wide-ranging piece of legislation. This guide is intended for legal professionals who require quick reference to the provisions of the 1994 Act.

This book queries the concept of rehabilitation to determine how, on a legislative and policy level, the term is defined as a goal of correctional systems. The book explores what rehabilitation is by investigating how, at different moments in time, its conceptualization has shaped, and been shaped by, shifting norms, practices, and institutions of corrections in California. The author calls for a rethinking of theoretical understandings of the corrections system, generally, and parole system, specifically, and calls for an expansion in the questions asked in reintegration studies. The book is designed for scholars seeking to better understand the relationship between correctional systems and rehabilitation and the full scope of rehabilitation as a legislative goal, and is also suitable for use as teaching tool for historical, textual, and interviewing methods.

Interest in human rights has grown enormously over the past fifty years. But while the media focus mainly on dramatic issues such as unlawful killings, torture, disappearances, or free speech violations, institutions charged with the implementation of human rights (as set out in international treaties) spend a great deal of their time dealing with alleged violations that take place during criminal proceedings.And in the future such issues will become even more important as a result of the increasing internationalization of the administration of criminal justice. In this book, the case-law of the most important and influential international bodies dealing with such issues is presented and critically examined by an author who has spent almost a quarter of a century contributing to its evolution. The European Commission and the European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law,which is of particular interest because of its applicability in both Anglo-Saxon and Continental systems of criminal procedure. The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law, however the author also gives considerable coverage to the application of the International Covenant on Civil and Political Rights and the American Convention on Human Rights. The book will be of interest to all scholars, practitioners, and students of international criminal law and human rights.