How we interpret and understand the historical contexts of legal education has profoundly affected how we understand contemporary educational cultures and practices. This book, the result of a Modern Law Review seminar, both celebrates and critiques the lasting impact of Peter Birks' influential edited collection, Pressing Problems in the Law: Volume 2: What is the Law School for? Published in 1996, his book addresses many critical issues that are hauntingly present in the 21st century, amongst them the impact of globalisation; technological disruption; and the tension inherent in law schools as they seek to balance the competing interest of teaching, research and administration. Yet Birks' collection misses key issues, too. The role of wellbeing, of emotion or affect, the relation of legal education to education, the status of legal education in what, since his volume, have become the devolved jurisdictions of Northern Ireland, Wales and Scotland - these and others are absent from the research agenda of the book. Today, legal educators face new challenges. We are still recovering from the effects of the Covid-19 pandemic on our universities. In 1996 Birks was keen to stress the importance of comparative research within Europe. Today, legal researchers are dismayed at the possibility of losing valuable EU research funding when the UK leaves the EU, and at the many other negative effects of Brexit on legal education. The proposed Solicitors Qualifying Examination takes legal education regulation and professional learning into uncharted waters. This book discusses these and related impacts on our legal educations. As law schools approach an existential crossroads post-Covid-19, it seems timely to revisit Birks' fundamental question: what are law schools for?

In this thoroughly informed account of the magistracy the author deals with key issues touching on that institution. Focussing on what Lord Bingham, Lord Chief Justice, described as a 'democratic jewel beyond price', he explains its rationale, goals and over-riding values. Dealing with major developments, economics, management, day-to-day practicalities and changing times the author casts an experienced eye over summary justice, law and order and its fascinating history of local administration. Describing the magistracy as a great national institution, independent, respected and a true people's court, John Hosking nevertheless decries a halving of its size, closure of courthouses, remote services and increasing reliance on professional judges rather than community volunteers. Though much has changed for the better to increase competency, meet criticism and maintain integrity, the book explains how other developments have challenged the very status of the lay magistracy and made inroads into one of the most cherished principles of our democracy: public participation in the justice system.

1. While there has been growing research on the topic of immigration detention in the UK, this is the first to exclusively explore the experiences of women. The focus on experiences of detention, release and removal makes for a particularly broad subject. 2. Courses on penology and punishment are popular, even core components of a Criminology degree. This book offers much needed supplementary reading on a modern form of punishment, in the form of immigration detention.

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.

This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.

* Presents a detailed picture of the operations of Halden Prison and the principles and policies of the Norwegian correctional service. * Offers lessons for incorporating practices of humane care and custody of imprisoned populations. * Essential reading for academics and students engaged in the study of criminology, corrections, and penology, as well as practitioners, administrators, judges, policymakers, and advocates.

This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert - the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.

1. There is a market for this book across rural criminology, rural sociology and human geography. 2. Whereas most victimological literature focuses on the urban, this book sheds light on rural victimisation.

An extensive survey of the pros and cons, evolution, and current issues surrounding one of the hottest topics in today's social debates. Death Penalty on Trial: A Handbook with Cases, Laws, and Documents sifts through the rhetoric, politics, and emotion that characterize one of the most highly discussed, yet least understood issues facing the United States today. Placing the death penalty in a historical perspective with an emphasis on the last 50 years, this case-driven volume explains the legal theory that has perpetuated it and the judicial reasoning, both pro and con, behind such landmark Supreme Court cases as Furman v. Georgia and The United States of America v. Alan Quinones. From the first Massachusetts Bay Colony execution and the inventions of the electric chair and gas chamber to DNA testing of inmates, readers will learn how and why capital punishment continues to be so controversial. Entries on critical events; issues such as race, age, and evidence of innocence; and individuals like Velma Barfield, the first woman executed after the reinstatement of the death penalty Chronology of the most important events in the legal history of capital punishment, including Atkins v. Virginia, a case involving the execution of people with mental disabilities

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.

Courts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis.Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation. Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada's international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.

This rich and rewarding volume collects more than two dozen of the most memorable opening and closing arguments made by top prosecutors and defense attorneys of the last one hundred years. Carefully selected to explore every major aspect and challenge of the legal process, these speeches highlight the tactics and strategies, colorful language, and stirring rhetoric that lawyers use to win judge and jury to their side. With a shrewd eye for courtroom stratagems and a keen understanding of the social currents that shape them, Manhattan assistant district attorney Joel Seidemann introduces and illuminates each speech from an insider's perspective. Arguments from landmark trials are included to reveal the smartest tricks of the trial lawyer's trade and demonstrate the power of an impassioned presentation to tip the scales toward the fulfillment of justice.

First published in 1974, The American Prison Business studies the lunacies, the delusions, and the bizarre inner workings of the American prison business. From the first demonstration that the penitentiary is an American invention that was initiated by the late eighteenth-century reformers, to the startling revelations, in the chapter called 'Cheaper than Chimpanzees' of how pharmaceutical companies lease prisoners as human guinea-pigs, every page stimulates and surprises the reader as Jessica Mitford describes, inter alia the chemical, surgical and psychiatric techniques used to help 'violent' prisoners to be 'reborn'; why businessmen tend to be more enthusiastic than the prisoners they employ in the 'rent-a-con' plan; and the Special Isolation Diet which tastes like inferior dog food. Jessica Mitford's financial analysis of the prison business is a scoop. Her hard-eyed examination of how parole really works is a revelation. As the prison abolition movement continues to gain momentum, this book will provide food for thought for legislators, officials and students of sociology, law, criminology, penology, and history.

The Crisis in the American Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and I agree, that crushing caseloads and court dockets certainly qualify as a crisis, I suggest there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, I propose a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advise regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.

In order to cope with the legal challenges presented by the opening of the Chinese economy to the West, the legal system in China has been undergoing significant reform. In 1995 a new Judge's law came into effect after going through 30 draft revisions. This new law provided for sweeping changes in Chinese legal process. This book provides an overview of these reforms and explains what they mean for Westerners operating in China.

In Road Traffic Liability in China: A View from Law and Economics, Yu Yan provides an in-depth analysis of the Chinese road traffic liability system, as well as other alternative accident prevention schemes from a view of law and economics. The analysis refers to the functioning of the system both on paper and in practice. The conclusion shows that the current Chinese traffic liability system can only achieve partial deterrence, and that the problems of under-compensation and insufficient risk-spreading seem to be serious, at least in the economically underdeveloped regions. Based on these findings, Yu Yan suggests specific legislative changes to be taken for the policymakers to improve the system.

Addresses simple to advance microscopy techniques for the effective analyses of trace evidence Pairs chapters on a particular type of microscopy, explaining it fully, before delving into specific usage for forensic applications Presents theories and as well as the real-world applications outlining current standards and best practices Provides numerous micro-photographs from authors' and editors' collections, including graphical representations and flow charts to clearly illustrate concepts

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'etre of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

This book exposes the myriad of victims of wrongful conviction by going beyond the innocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffer collaterally. In no way overlooking the egregious effects on the wrongfully convicted, this book widens the net to also examine consequences for family, friends, co-workers, witnesses, the initial victims of the crime, and society in general-all indirect victims who are often forgotten in treatments of wrongful conviction. Utilizing interviews of exonerees and indirect victims, the authors capture the tangible and intangible costs of victimization across the board. The prison experience is examined through the lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored. Special attention is given to the often-ignored experience of female exonerees and to the impact of race as a compounding factor in a vast number of miscarriages of justice. The book concludes with an overview of the victimization experiences that follow exonerees upon release. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appreciation of the far-reaching costs of wrongful convictions.