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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
This book examines how judicial reform can be effectively assessed
through a procedural justice approach. It provides a practical
framework for assessment of judicial reform, examining a successful
reform in Chile through large scale surveys and longitudinal
research. Judicial reform is a key element to democratization and
modernization processes in the developing world. Practitioners have
struggled with ways to analyze the effects of judicial reform, and
to define success. Procedural justice theorists propose that people
will obey the law if they consider it fair; this affects
willingness to collaborate with the police and the courts, and the
general approach that the public has towards social regulations.
Judicial reforms such as criminal procedure reforms, which
explicitly guarantee the development of a fairer judicial process,
represent a scenario that puts these theoretical assumptions to the
test. With policy recommendations and applications for
international judicial reform, this book tests the real conditions
of a procedural justice approach with empirical assessment and
analysis. With implications for Latin America and countries
undergoing judicial or political reforms worldwide, this book will
be an important resource for researchers, policy makers and all
those interested in the analysis of judicial reforms,
democratization processes and the psychology of justice.
First published in 1987, Rape on Trial investigates the impact of
the Sexual Offences (Amendment) Act, 1976 and considers the
treatment of rape victims by the courts in United Kingdom. Extracts
from trials are used extensively, and the author examines in
particular: how the anonymity provisions have worked out in
practice; how far the victim's previous sexual history is brought
up in court; how far she is held to be responsible for her
victimisation; ways in which the validity of her complaint is
questioned in court; and defence strategies to present her as a
legitimate victim. Also included are a critical discussion of the
controversial question of sentencing for rape, and new proposals
for legislative and procedural change. Extremely pertinent to
current times, this book will be of interest to students of law,
criminology, sociology as well as to any concerned citizen.
An in-depth study, originally published in 2006, of the careers and
roles of judges in France, Germany, Spain, Sweden and England, this
book is based on original language materials and investigations of
judges and judicial institutions in each country. On the basis of
these detailed case studies, the book suggests factors that shape
the character of the judiciary in different countries, focusing on
issues such as women's careers and the relationship between
judicial careers and politics. Bell's investigations offer lessons
on issues which the English judiciary was having to confront in the
period of reform at the time of this book's publication.
An exploration of how and why the Constitution's plan for
independent courts has failed to protect individuals'
constitutional rights, while advancing regressive and reactionary
barriers to progressive regulation. Just recently, the Supreme
Court rejected an argument by plaintiffs that police officers
should no longer be protected by the doctrine of "qualified
immunity" when they shoot or brutalize an innocent civilian.
"Qualified immunity" is but one of several judicial inventions that
shields state violence and thwarts the vindication of our rights.
But aren't courts supposed to be protectors of individual rights?
As Aziz Huq shows in The Collapse of Constitutional Remedies,
history reveals a much more tangled relationship between the
Constitution's system of independent courts and the protection of
constitutional rights. While doctrines such as "qualified immunity"
may seem abstract, their real-world harms are anything but. A
highway patrol officer stops a person's car in violation of the
Fourth Amendment, violently yanked the person out and threw him to
the ground, causing brain damage. A municipal agency fires a person
for testifying in a legal proceeding involving her boss's
family-and then laughed in her face when she demanded her job back.
In all these cases, state defendants walked away with the most
minor of penalties (if any at all). Ultimately, we may have rights
when challenging the state, but no remedies. In fact, federal
courts have long been fickle and unreliable guardians of individual
rights. To be sure, through the mid-twentieth century, the courts
positioned themselves as the ultimate protector of citizens
suffering the state's infringement of their rights. But they have
more recently abandoned, and even aggressively repudiated, a role
as the protector of individual rights in the face of abuses by the
state. Ironically, this collapse highlights the position that the
Framers took when setting up federal courts in the first place. A
powerful historical account of the how the expansion of the
immunity principle generated yawning gap between rights and
remedies in contemporary America, The Collapse of Constitutional
Remedies will reshape our understanding of why it has become so
difficult to effectively challenge crimes committed by the state.
This book includes guiding cases of the Supreme People's Court,
cases deliberated on by the Judicial Committee of the Supreme
People's Court and cases discussed at the Joint Meeting of
Presiding Judges from various tribunals. This book is divided into
three sections, including "Cases by Justices", "Cases at Judicial
Committee" and "Typical Cases", which will introduce readers to
Chinese legal processes, legal methodologies and ideology in an
intuitive, clear and accurate manner. This book presents cases
selected by the trial departments of the Supreme People's Court of
China from their concluded cases. In order to give full weight to
the legal value and social functions of cases from the Supreme
People's Court, and to achieve the goal of "serving the trial
practices, serving economic and social development, serving legal
education and legal scholarship, serving international legal
exchanges among Chinese and foreign legal communities , serving the
rule of law in China", the China Institute of Applied
Jurisprudence, with the approval of the Supreme People's Court,
opts to publish "Selected Cases from the Supreme People's Court of
the People's Republic of China" in both Chinese and English, for
domestic and overseas distribution.
Includes chapters from barristers from a diverse range of social
backgrounds. Features a foreword from a recently qualified circuit
judge. An ideal companion for students beginning to apply for
barrister pupillages.
Why have many victim-centred policy initiatives met with so little
success? How have those initiatives unfolded differently in
different global jurisdictions over different periods of time? This
book aims to address these questions. Building on a major research
project exploring victims' access to justice over time and place,
Victims' Access to Justice considers the potentialities for
victims' participation in criminal justice systems and in victim
programmes both in historical and comparative context. It considers
a range of topics: ways of identifying and accommodating victims'
needs and senses of justice; the impacts for criminal justice
systems of seeking to accommodate these; and the ways in which
adversarial criminal justice systems, in particular, may enable or
inhibit victim participation. This is essential reading for all
those engaged in understanding and working with victims of crime.
Includes chapters from barristers from a diverse range of social
backgrounds. Features a foreword from a recently qualified circuit
judge. An ideal companion for students beginning to apply for
barrister pupillages.
This book explores the challenges of transitional justice in West
Africa, specifically how countries in the region have dealt with
transitional justice problems in the last 30 years (1990-2020), and
how they have managed the process. Using comparative, historical,
and legal analyses it examines the politics of justice after
violent conflicts in West Africa, the major transitional justice
mechanisms established in the region, and how countries have used
these institutions to address injustice and the pains of war in
some West African countries. The book examines how transitional
justice mechanisms have contributed to victims' rights,
reconciliation, and peace in transitional societies, and whether
transitional justice mechanisms deployed in West Africa were
suitable or ill-fitted, and the politics of deploying them. The
book is addressed to a wide audience: policymakers, and graduate
and post-graduate students of transitional justice, conflict
resolution, peace studies, conflict transformation, international
criminal law, law and similar subjects. This book will be of great
value to academics and researchers, as well as lecturers in
tertiary institutions offering relevant courses; legal
practitioners; peace practitioners/NGOs; and those working in the
field of transitional justice and human rights.
This book explores practical examples of co-production in criminal
justice research and practice. Through a series of seven case
studies, the authors examine what people do when they co-produce
knowledge in criminal justice contexts: in prisons and youth
detention centres; with criminalised women; from practitioners'
perspectives; and with First Nations communities. Co-production
holds a promise: that people whose lives are entangled in the
criminal justice system can be valued as participants and partners,
helping to shape how the system works. But how realistic is it to
imagine criminal justice "service users" participating, partnering,
and sharing genuine decision-making power with those explicitly
holding power over them? Taking a sophisticated yet accessible
theoretical approach, the authors consider issues of power,
hierarchy, and different ways of knowing to understand the perils
and possibilities of co-production under the shadow of "justice".
In exploring these complexities, this book brings cautious optimism
to co-production partners and project leaders. The book provides a
foundational text for scholars and practitioners seeking to apply
co-production principles in their research and practice. With
stories from Australia, the United Kingdom, and Ireland, the text
will appeal to the international community. For students of
criminology and social work, the book's critical insights will
enhance their work in the field.
Understanding legal rules not as determinants of behavior but as
points of reference for conduct, this volume considers the ways in
which rules are invoked, referred to, interpreted, put forward or
blurred. It also asks how both legal practitioners and lay
participants conceive of and participate in the construction of
facts and rules, and thus, through decisions, defenses, pleas,
files, evidence, interviews and documents, actively participate in
law's life. With attention to the formulation of notions such as
person, evidence, intention, cause and responsibility in the course
of legal practices, Legal Rules in Practice provides the outlines
of a praxiological anthropology of law - an anthropology that
focuses on words, concepts and reasoning as actively used to solve
conflicts with the help of legal rules. As such, it will appeal to
sociologists, anthropologists and scholars of law with interests in
ethnomethodology, rule-based conduct and practical reasoning.
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.
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.
Globalization has increased the number of individuals in criminal
proceedings who are unable to understand the language of the
courtroom, and as a result the number of court interpreters has
also increased. But unsupervised interpreters can severely
undermine the fairness of a criminal proceeding. In this innovative
and methodological new study, Dingfelder Stone comprehensively
examines the multitudes of mistakes made by interpreters, and
explores the resultant legal and practical implications. Whilst
scholars of interpreting studies have researched the prevalence of
interpreter error for decades, the effect of these mistakes on
criminal proceedings has largely gone unanalyzed by legal scholars.
Drawing upon both interpreting studies research and legal
scholarship alike, this engaging and timely study analyzes the
impact of court interpreters on the right to a fair trial under
international law, which forms the minimum baseline standard for
national systems.
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
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 considers how access to justice is affected by
restrictions to legal aid budgets and increasingly prescriptive
service guidelines. As common law jurisdictions, England and Wales
and Australia, share similar ideals, policies and practices, but
they differ in aspects of their legal and political culture, in the
nature of the communities they serve and in their approaches to
providing access to justice. These jurisdictions thus provide us
with different perspectives on what constitutes justice and how we
might seek to overcome the burgeoning crisis in unmet legal need.
The book fills an important gap in existing scholarship as the
first to bring together new empirical and theoretical knowledge
examining different responses to legal aid crises both in the
domestic and comparative contexts, across criminal, civil and
family law. It achieves this by examining the broader social,
political, legal, health and welfare impacts of legal aid cuts and
prescriptive service guidelines. Across both jurisdictions, this
work suggests that it is the most vulnerable groups who lose out in
the way the law now operates in the twenty-first century. This book
is essential reading for academics, students, practitioners and
policymakers interested in criminal and civil justice, access to
justice, the provision of legal assistance and legal aid.
This book examines the attainment of complete free movement of
civil judgments across EU member states from the perspective of its
conformity with the fundamental right to a fair trial. In the
integrated legal order of the European Union, it is essential that
litigants can rely on a judgment no matter where in the EU it was
delivered. Effective mechanisms for cross-border recognition and
the enforcement of judgments provide both debtors and creditors
with the security that their rights, including their right to a
fair trial, will be protected. In recent years the attainment of
complete free movement of civil judgments, through simplification
or abolition of these mechanisms, has become a priority for the
European legislator. The text uniquely combines a thorough
discussion of EU legislation with an in-depth and critical
examination of its interplay with fundamental rights. It contains
an over-view and comparison of both ECtHR and CJEU case law on the
right to a fair trial, and provides a great number of specific
recommendations for current and future legislation. With its
critical discussion of EU Regulations from both a practical and a
theoretical standpoint, this book is particularly relevant to
legislators and policymakers working in this field. Because of the
extensive overview of the functioning of the EU's mechanisms and of
relevant case law it provides, the book is also highly relevant to
academics and practitioners. Monique Hazelhorst is Judicial
Assistant at the Supreme Court of the Netherlands. She studied Law
and Legal Research at Utrecht University and holds a Ph.D. in Law
from the Erasmus School of Law at Erasmus University Rotterdam.
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.
As the nation turned its back on Reconstruction, the Supreme Court
in turn narrowed Thirteenth-, Fourteenth-, and Fifteenth-Amendment
protections of former slaves, thus straying from the understanding
of the amendments' framers. Tracking a long line of cases that
employed narrow constructions of these amendments and accompanying
statutes, this study compares the Court's propositions to the
framers' own interpretations. The resulting portrait makes it clear
that the Court contributed in a significant way to the nation's
retreat from Reconstruction. Before analyzing the relevant cases,
Scaturro provides a historical synopsis of the collapse of
Reconstruction. The final section demonstrates how the
twentieth-century Court handed down decisions that accommodated the
demands of the Civil Rights Movement, but did so with
constitutional interpretations that preserved several
misunderstandings about the Reconstruction Amendments, especially
the Fourteenth. This study helps to resolve a contemporary dilemma
regarding the consequences of the Court's narrowing of the
Interstate Commerce Clause. It also challenges long standing
assumptions about the "state action" requirement of the Fourteenth
and Fifteenth Amendments as well as the Fourteenth Amendment's
Privileges and Immunities Clause. Besides being valuable to Supreme
Court historians, the subject matter of this volume, which covers
both constitutional law and legal history, will be of substantial
interest to lawyers, judges, and political scientists, particularly
in view of recent developments on the high Court. The lessons
taught by this chapter of Supreme Court jurisprudence offer insight
into constitutional interpretation in general, andthe conclusion
develops this idea by looking at the problematic interaction
between law and outside historical influences.
What role can US domestic courts play in the worldwide enforcement
of human rights? When international courts deny hearings to
individual plaintiffs who cannot obtain the sponsorship of their
own government (which may well be the defendant), these plaintiffs
are finding US courts increasingly willing to hear their cases.
This volume considers the implications of this de facto extension
of the jurisdiction of US courts, the problem of enforcing the
decisions of the courts, the relationship between human rights law
and foreign policy and the emerging consensus on the primacy of
human rights over the sovereign rights of states.
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