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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
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.
1. Bringing together chapters co-authored by academics and
practitioners, this book will find a market as a supplementary book
for students and a book on best-practice for professionals. Each
chapter has a set structure to ensure consistency. 2. This book
will be particularly useful for universities offering
qualifications for trainee probation officers in the UK, as well as
Criminology students taking courses on criminal justice, penology,
rehabilitation and working with offenders.
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 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.
This book explores prisoners' experiences of prison education and
investigates whether participation in prison education contributes
to an offender's ability to desist from crime and increases social
capital levels. While the link between prison education and reduced
rates of recidivism is well established through research, far less
is known about the relationship between prison education and
desistance. The book demonstrates how prisoners experience many
benefits from participating in prison education, including
increased confidence, self-control and agency, along with various
other cognitive changes. In addition, the book examines prisoners'
accounts that provide evidence of strong connections between prison
education and the formation of pro-social bonds which have been
shown to play a role in the desistance process. It also highlights
the links between prison education and social capital, and the
existence of a form of prison-based social capital arising from the
prison culture. Written in a clear and direct style, this book will
appeal to those engaged in criminology, sociology, penology,
desistance, rehabilitation, the sociology of education and all
those interested in learning more about the positive impact of
prison education on prisoners.
The Process of Investigation, Fourth Edition addresses the needs of
today's private sector investigative professional by providing a
full-spectrum treatment of the investigative process, from case
inception and investigative strategy selection to executing complex
investigative techniques, to creating reports useful for corporate,
legal, and prosecutorial purposes. Continuing in the tradition of
its previous editions, The Process of Investigation, Fourth Edition
covers essential topics overlooked in books on the public aspects
of investigation. Investigative skills such as surveillance
techniques, interviewing and interrogation, collecting and
documenting evidence, and taking confessions and written statements
are all discussed, and supplemented with updated case studies and
examples from the authors' own professional experiences.
Scholarly exploration into how and why people stop offending
(desistance from crime) has focused on the impact of internal and
external factors in processes of desistance. Prior research has, in
general, been undertaken within one nation and neglected the fact
that desistance processes are situated within a broad social
context which shapes an individual's perceptions and actions. This
book begins to fill this gap by exploring how societies and
cultures shape desistance processes and experiences. Desistance and
Societies in Comparative Perspective offers findings from a
cross-national comparative mixed-method study of desistance
processes in England and Israel: two countries with different
social-political systems and distinct cultural attributes. The
study is the first of its kind in criminology, both in terms of its
key objectives and the methods utilised. The findings uncover how
social structures and cultures shape individual-level experience.
In particular, the findings illustrate how external and internal
mechanisms in desistance processes were 'oriented' in particular
ways, in accordance with contextual factors. The book outlines five
contextual factors which were key in shaping the dynamics of
desistance across societies and cultures. These are: cultural
scripts; social climates; shared values and norms; social
interactions and encounters; and distinct cultural characteristics.
These five factors provide a contextual framework within which to
understand the role of cultures and social structures in shaping
agency and experiences in processes of desistance, and with which
to account for variances and similarities across societies and
cultures. Written in a clear and direct style, this book will
appeal to students and scholars in criminology, sociology, cultural
studies, social theory and those interested in learning about why
and how people desist from crime.
This book illuminates the decision-making processes of the US
Supreme court through an examination of several prisoners' rights
cases. In 1964, the Supreme Court declined to hear prisoners'
claims about religious freedom. In 2014, the Supreme Court heard a
case that led to the justices' unanimous endorsement of a Muslim
prisoner's religious right to grow a beard despite objections from
prison officials. In the fifty-year span between those two events,
the Supreme Court developed the law concerning rights for
imprisoned offenders. As demonstrated in this book, the factors
that shape Supreme Court decision making are well-illustrated by
prisoners' rights cases. This area of law illuminates competing
approaches to constitutional interpretation, behind-the-scenes
interactions among the justices, and the manipulation of legal
precedents. External actors also affect the Supreme Court and its
decisions when the president appoints new justices and Congress
targets the judiciary with legislative enactments. Because of the
controversial nature of prisoners' rights issues, these cases serve
to illuminate the full array of influences over Supreme Court
decision making.
1. This book can be used as engaging supplementary reading for a
range of research methods courses in Criminology, and across the
Social Sciences. 2. The book does not just describe the method but
brings it alive with case studies of empirical research in criminal
justice.
1.Whereas many of the competing books focus on prisons, fewer focus
on the concept of punishment, and its social and political context.
2. This book has a multi-disciplinary market across criminology,
sociology and soco-legal studies. 3. This book is well-suited for
upper level courses on punishment and penology, prisons and the
criminal justice system.
This volume addresses major issues and research in corrections and
sentencing with the goal of using previous research and findings as
a platform for recommendations about future research, evaluation,
and policy. The last several decades witnessed major policy changes
in sentencing and corrections in the United States, as well as
considerable research to identify the most effective strategies for
addressing criminal behavior. These efforts included changes in
sentencing that eliminated parole and imposed draconian sentences
for violent and drug crimes. The federal government, followed by
most states, implemented sentencing guidelines that greatly reduced
the discretion of the courts to impose sentences. The results were
a multifold increase in the numbers of individuals in jails and
prisons and on community supervision-increases that have only
recently crested. There were also efforts to engage prosecutors and
the courts in diversion and oversight, including the development of
prosecutorial diversion programs, as well as a variety of specialty
courts. Penal reform has included efforts to understand the
transitions from prison to the community, including federal-led
efforts focused on reentry programming. Community corrections
reforms have ranged from increased surveillance through drug
testing, electronic monitoring, and in some cases, judicial
oversight, to rehabilitative efforts driven by risk and needs
assessment. More recently, the focus has included pretrial reform
to reduce the number of people held in jail pending trial, efforts
that have brought attention to the use of bail and its
disproportionate impact on people of color and the poor. This
collection of chapters from leading researchers addresses a wide
array of the latest research in the field. A unique approach
featuring responses to the original essays by active researchers
spurs discussion and provides a foundation for developing
directions for future research and policymaking.
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