The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. While there is unanimous condemnation of the practice, there is no consensus on the causes nor any persuasive analysis of what is likely to happen in the coming decades. In The Insidious Momentum of American Mass Incarceration, Franklin E. Zimring seeks a comprehensive understanding of when, how, and why the United States became the world leader in incarceration to further determine how the use of confinement can realistically be reduced. To do this, Zimring first profiles the growth of imprisonment after 1970, emphasizing the important roles of both the federal system and the distribution of power and fiscal responsibility among the levels of government in American states. He also examines the changes in law enforcement, prosecution and criminal sentencing that ignited the 400% increase in rates of imprisonment in the single generation after 1975. Finally, Zimring then proposes a range of strategies that can reduce prison population and promote rational policies of criminal punishment. Arguing that the most powerful enemy to reducing excess incarceration is simply the mundane features of state and local government, such as elections of prosecutors and state support for prison budgets, this book challenges the convential ways we consider the issue of mass incarceration in the United States and how we can combat the rising numbers.

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.

Criminal Law in Context: Sensational Cases and Controversies introduces students to key concepts in criminal law through well-known and highly publicized crimes, lawsuits, and proceedings. Through engaging and provocative examples that inspire greater levels of critical thinking, students learn about real-world criminal law in action. Opening chapters cover the foundational elements of crime, various sources of criminal law, and an exploration of the criminal mind. Additional chapters examine criminal acts, parties to crime, nonfatal and fatal crimes against persons, and crimes against property. Students learn about justification defenses, excuse defenses, crimes against the public, hate crimes, and serial killers and crime intersectionality. Cases and individuals highlighted throughout the text include JonBenet Ramsey, Joe Exotic, O.J. Simpson, the Central Park Five, George Floyd and Derek Chauvin, Gabriel Fernandez, Ahmaud Arbery, Bill Cosby, Jeffrey Epstein, Gypsy Rose Blanchard, Lorena Bobbitt, Heidi Fleiss, Shia LaBeouf, Matthew Shepard, Jeffrey Dahmer, John Wayne Gacy, Ted Bundy, Aileen Wuornos, Charles Manson, and more. Throughout the text, Pause and Reflect boxes encourage critical thinking and Think and Apply boxes challenge readers to connect key learnings with real-world examples and applications. Concise yet highly informative, Criminal Law in Context is an illuminating and practical textbook for programs and courses in criminal justice and criminal law.

The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

The Dispute resolution digest 2012 is the product of 7 years of continuous research by Tokiso into the labour dispute settlement system of South Africa. The intention of the Digest is to give a dispassionate account, based on statistical examination, of whether the dispute mechanisms of the Labour Relations Act are functioning effectively. The Digest considers types of labour disputes, settlements, trends in remedies and awards, and compliance with these awards. The disputes and awards are separated into their sub-categories of type, sector and forum with some interesting findings. Strikes, the most extreme form of labour action by employees, are analysed by the number of strikes, effects of strikes and the factors that trigger strikes.

An inside look at the struggles former prisoners face in reentering society Every year, roughly 650,000 people prepare to reenter society after being released from state and federal prisons. In Halfway House, Liam Martin shines a light on their difficult journeys, taking us behind the scenes at Bridge House, a residential reentry program near Boston, Massachusetts. Drawing on three years of research, Martin explores the obstacles these former prisoners face in the real world. From drug addiction to poverty, he captures the ups and downs of life after incarceration in vivid, engaging detail. He shows us what, exactly, it is like to live in a halfway house, giving us a rare, up-close view of its role in a dense and often confusing web of organizations governing prisoner reentry. Martin asks us to rethink the possibilities-and pitfalls-of using halfway houses to manage the worst excesses of mass incarceration. A portrait of life in the long shadow of the carceral state, Halfway House lets us see the struggles of reentry through the eyes of former prisoners.

The Forensic Studies Anthology provides students with highly valuable, class-tested readings that introduce them to forensic studies and underscore the importance of forensic evidence within the criminal justice system. The anthology features 12 chapters divided into three major parts. Unit I focuses on forensic thinking and the skills forensic scientists must possess to be successful in the field. These readings speak to the importance of preserving and recording evidence, the dangers of individualization fallacy, and how critical it is for politicians and leaders to invest in science and forensics to support the investigation and solving of crimes. In Unit II, students read articles about technology and science. They learn about the use of mobile data in criminal investigations, video forensics, forensic dentistry, and the careers of histotechnicians, who specialize in preparing biological slides for examination. The final section is focused on improving forensics and includes readings that discuss digital evidence, balancing fairness in cases involving DNA, post-conviction remedies, and using a logical framework in DNA cases, with the Amanda Knox case serving as an example. Designed to inspire critical thought and ethical practice, The Forensics Studies Anthology is an ideal supplementary resource for foundational courses in forensics, criminal justice, and criminology.

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.

Treat yourself to Second Helpings and more choice cuts in the style of Simon Brown's much lauded first volume of memoirs, Playing off the Roof & Other Stories. Exuberantly revisiting his early years in National Service, at Oxford and as a young barrister, Lord Brown recalls matters grave and trivial from his time at the Bar and on the Bench, along the way regaling us with tales of Paddington Bear, Nigel Lawson and Mozart at the Warsaw opera. He also has something to say about the current legal scene and considers such thorny problems as the 2019 prorogation judgment and whether trial by jury might be dispensed with in order to clear a mounting backlog of criminal cases. Drawing witty lessons from a life of trials, Lord Brown finds time to muse on when a judge might choose to change a sentence already imposed, what to say after dinner and why the game of golf is strictly for the birds!

The second edition of Democracy for All: Educator's Manual is aimed at young people, adults, students and teachers. The books explain how the international community understands democracy, and explores what democracy means to each of us. Democracy for All also explains how government works in a democracy, how the abuse of power is checked, how human rights support democracy, how democratic elections take place, and how citizens can participate in democracy. The objectives of the book are: To improve students' understanding of the fundamental principles and values underlying democracy in society; To promote awareness of the current issues and controversies relating to democracy; To show students that their participation can make a difference to how democracy functions in their country; To foster justice, tolerance and fairness; To develop students' willingness and ability to resolve disputes and differences without resorting to violence; To improve basic skills, including critical thinking and reasoning, communication, observation and problem-solving. Democracy for All uses a variety of student-centred activities, including case studies, role-plays, simulations, small-group discussions, opinion polls and debates. Democracy for All: Educator's Manual explains how the lessons in the Learner's Manual can be conducted and provides solutions to the problems.

Legal precedents created during Prohibition have lingered, leaving search-and-seizure law much better defined than limits on police use of force, interrogation practices, or eyewitness identification protocols. An unlawful trunk search is thus guarded against more thoroughly than an unnecessary shooting or a wrongful conviction. Intrusive searches for alcohol during Prohibition destroyed middle-class Americans' faith in police and ushered in a new basis for controlling police conduct. State courts in the 1920s began to exclude perfectly reliable evidence obtained in an illegal search. Then, as Prohibition drew to a close, a presidential commission awakened the public to torture in interrogation rooms, prompting courts to exclude coerced confessions irrespective of whether the technique had produced a reliable statement. Prohibition's scheme lingered long past the Roaring '20s. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. Perhaps a larger project awaits-refocusing our rules of criminal procedure on those concerns from which Prohibition distracted us: conviction accuracy and the use of force by police.