Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean. In criminal cases, use of lay jurors has stretched to nations in Europe, Latin America, and Asia as they aspire to democracy, greater popular participation in government, and legitimacy of the justice system. But in English-speaking countries, jury trials are declining. Civil juries have been virtually abolished everywhere except the United States, and even there they are rare. In criminal cases, plea bargaining is now taking the place of jury trials. In this book, Renee Lettow Lerner describes the benefits and challenges of using juries, including jury nullification, and considers how innovations from non-English-speaking countries may be key to the survival of lay participation. Along the way, the book tells how a small German state invented a way of using jurors that is now found around the world. And it reveals why some defendants preferred to be crushed to death by weights rather than convicted by a jury.

Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role.

A comprehensive review of the practical implications of the numerous recent cases on swaps and derivatives.

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

Against the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.

This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of high-profile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in Comparative Law, Criminology and Psychology.

Exploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly western structures of legal learning within a wider context. Assembling original, field-defining, essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings.
This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that "produce" those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases.
Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.

Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples

* Editors and authors are leading experts in the field; * Multi-disciplinary approach; * Raises a large number of compelling theoretical, philosophical and normative questions, and has relevance across disciplinary and geographic boundaries.

1. While previous books have offered social work perspectives or research on the victims of such crimes, this is the first to offer a criminological typology of the offenders. 2. This book connects academic research to practice, considering the implications for law enforcement, investigation and prevention.

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book's ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.

Explore and apply legal concepts through practical, engaging and real-life cases studies Law for Business Students is the popular textbook for introducing legal concepts in a practical, engaging way through real-life cases relevant to the business world. A clear explanation of the study of law and study skills leads into the main core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance and dissolution. The book includes a range of features to aid understanding, applying and analysing legal concepts: Scenario - to encourage development of opinions and application of relevant legal concepts. Worth thinking about - discussion points to analyse within the classroom. Exam tips - pointing to areas of the law which are ripe for questions in an exam, to help revision practice. Chapter summaries - to reinforce learning of key concepts. Key terms - highlighted in margin notes. Review questions with answers - self-test questions and worked exam examples to consolidate knowledge, encouraging you to apply the law and boost confidence. Advanced questions - to challenge you in developing knowledge of the law. Pearson, the world's learning company.

Marketing for Attorneys and Law Firms presents timely topics which are well-researched and written by a fine array of authors from around the country. As attorneys are becoming more interested in marketing and how it can benefit their practices, this book is an important tool. It aids attorneys as they evaluate and improve old marketing strategies and create new marketing strategies where such advertising was neglected. It is an ideal readings text for today's attorney and legal consultants who wish to obtain a better insight into select aspects of marketing the law firm.This is the only readings book that focuses on these areas: applications of marketing planning, attorney selection by consumers, and client and provider attitudes toward legal services. Part Two thoroughly examines various aspects of how clients select and evaluate the performance of legal services. Today's attorneys must first fully understand what their clients perceive about their services before jumping into marketing their services. This section provides insight that most attorneys would normally not investigate and lays the groundwork for the development of marketing programs. Part Three addresses the wide use of legal advertising, and again provides insight into what clients and attorneys think and perceive about various forms of advertising the law firm. This provides a base from which attorneys who are planning to advertise may be able to prevent failure and promote a greater level of success for the advertising program.Applied mainly to private legal practices and clinics, some of the specific topics covered in the three sections include consumers'perceptions of attorneys and legal advertising; attorneys'perceptions of marketing and advertising; perceived risk in selecting an attorney and how consumers actually select attorneys; customer/client service attributes for attorneys; measuring the effectiveness of legal advertising; market planning and strategies for today's legal practice; promoting the legal practice; and developing referral and networking systems in legal practice.For attorneys in private practice, law firm libraries and administrators, law professors who specialize in practice development, consultants who concentrate in legal practice marketing, law school libraries, and marketing professors and consultants who teach or consult in the professional service sectors should read this invaluable reference book.

Marketing for Attorneys and Law Firms presents timely topics which are well-researched and written by a fine array of authors from around the country. As attorneys are becoming more interested in marketing and how it can benefit their practices, this book is an important tool. It aids attorneys as they evaluate and improve old marketing strategies and create new marketing strategies where such advertising was neglected. It is an ideal readings text for today's attorney and legal consultants who wish to obtain a better insight into select aspects of marketing the law firm. This is the only readings book that focuses on these areas: applications of marketing planning, attorney selection by consumers, and client and provider attitudes toward legal services. Part Two thoroughly examines various aspects of how clients select and evaluate the performance of legal services. Today's attorneys must first fully understand what their clients perceive about their services before jumping into marketing their services. This section provides insight that most attorneys would normally not investigate and lays the groundwork for the development of marketing programs.Part Three addresses the wide use of legal advertising, and again provides insight into what clients and attorneys think and perceive about various forms of advertising the law firm. This provides a base from which attorneys who are planning to advertise may be able to prevent failure and promote a greater level of success for the advertising program. Applied mainly to private legal practices and clinics, some of the specific topics covered in the three sections include consumers'perceptions of attorneys and legal advertising; attorneys'perceptions of marketing and advertising; perceived risk in selecting an attorney and how consumers actually select attorneys; customer/client service attributes for attorneys; measuring the effectiveness of legal advertising; market planning and strategies for today's legal practice; promoting the legal practice; and developing referral and networking systems in legal practice.For attorneys in private practice, law firm libraries and administrators, law professors who specialize in practice development, consultants who concentrate in legal practice marketing, law school libraries, and marketing professors and consultants who teach or consult in the professional service sectors should read this invaluable reference book.

Drawing on work from inside some of America's largest and toughest prisons, this book documents an alternative model of "restorative corrections" utilizing the lived experience of successful inmates, fast disrupting traditional models of correctional programming. While research documents a strong desire among those serving time in prison to redeem themselves, inmates often confront a profound lack of opportunity for achieving redemption. In a system that has become obsessively and dysfunctionally punitive, often fewer than 10% of prisoners receive any programming. Incarcerated citizens emerge from prisons in the United States to reoffend at profoundly high rates, with the majority of released prisoners ending up back in prison within five years. In this book, the authors describe a transformative agenda for incentivizing and rewarding good behavior inside prisons, rapidly proving to be a disruptive alternative to mainstream corrections and offering hope for a positive future. The authors' expertise on the impact of faith-based programs on recidivism reduction and prisoner reentry allows them to delve into the principles behind inmate-led religious services and other prosocial programs-to show how those incarcerated may come to consider their existence as meaningful despite their criminal past and current incarceration. Religious practice is shown to facilitate the kind of transformational "identity work" that leads to desistance that involves a change in worldview and self-concept, and which may lead a prisoner to see and interpret reality in a fundamentally different way. With participation in religion protected by the U.S. Constitution, these model programs are helping prison administrators weather financial challenges while also helping make prisons less punitive, more transparent, and emotionally restorative. This book is essential reading for scholars of corrections, offender reentry, community corrections, and religion and crime, as well as professionals and volunteers involved in correctional counseling and prison ministry.

First published in 1962, Capital Punishment and British Politics illuminates the process of political decision-making in Britain by analysing the complex activities that led to the passage of a major piece of social legislation, the Homicide Act of 1957. His case study, based on dozens of interviews, reveals in detail the workings of British politics and assesses the impact of the clash of ideas and interests on governmental policy. After surveying the legal and historical antecedents of the controversy surrounding the Act, the author traces the development from the abortive attempt to abolish the death penalty under the Labour Government through the spectacular murder cases of the early fifties to the compromise legislation successfully launched by a Conservative Government. Throughout the book analysis is coupled with description, and the concluding chapter demonstrates how this single case contained in microcosm many of the basic elements and dilemmas of the British political process. This fascinating study will be of great interest to students of politics and social legislation everywhere.

This book is a 'must read' for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.' - Jan M. Hebly, Houthoff Buruma, the Netherlands'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.' - Marco Bronckers, Partner, VVGB Advocaten, Belgium 'The so-called 'private enforcement' of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.' - Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands Private Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States. Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension. The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States. Key features of the book include: - Expert authorship from a Member of the Legal Service of the European Commission - Comprehensive assessment of EU legislation on the private enforcement of EU law before national courts - Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fields - Extensive discussion of the scope for the EU to act vis-a-vis the autonomy of the Member State - One of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104) - Exposition of key case law relating to private enforcement and the remedies available to private parties.

This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.

This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.

Forensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners. Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense-especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated. Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability. Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a root-cause analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.

Trademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression. Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice. Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.

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.