Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior.
This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem.
Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment.
Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events.
Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.

Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior.
This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem.
Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment.
Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events.
Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.

The Supreme Court decision that property owners may be entitled to compensation for government regulations that deprive them of reasonable use of their property has thrown the land-use field into a state of turmoil. Will municipal land-use ordinances be found excessive? What regulations can be considered a reasonable exercise of police power for public health, safety, and welfare? Will municipalities be liable for compensation to property owners if development is restricted? How can municipalities and developers plan in the wake of this decision?Ordinance provisions cover components of subdivision regulation: general provisions, definitions, administration, procedure, design and improvements, off-tract improvements, and documents to be submitted. The Subdivision and Site Plan Handbookprovides a narrative on the background, rationale, and intent of each requirement accompanying the model ordinance; gives an overview of the history of subdivision regulation in the United States; traces the evolution of land-use regulation through various stages; and presents the legal context for present-day regulation.The book has been designed for use by government administrators, developers, planners, attorneys, and others interested in land-use regulation. The model ordinance represents the most current thinking about land use and site control and responds to questions raised by the Supreme Court decision. David Listokin and Carole Walker's analyses are flexible, efficient, responsive to local conditions, and balance regulatory costs and benefits. This is a definitive and invaluable resource!

This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

Mooting offers an excellent opportunity to develop your skills in an enjoyable, interactive and challenging way. Participation in mooting can lead to improved academic performance, enhancing your knowledge and your ability to handle complex legal materials as well as improving the power of your persuasive argument and vital skills, which will enhance your profile for prospective employers. In this book, Eric Baskind provides a seamless and comprehensive examination of the various areas involved in mooting and advocacy, combining both theoretical and practical aspects as well as the organisation of and participation in mooting competitions. Online video footage of an actual moot brings the practical nature of mooting alive and will give you expert advice and analysis of successful mooting technique as well as tips for improvement. Each moot video is highlighted at various points of interest to provide expert commentary and analysis of the mooters' presentation, identifying the mooters' strengths and weaknesses and how successfully they use cases and other materials to support their argument. These sections will then be re-enacted, incorporating the suggestions for improvements to help you to see how the overall performance could have been improved. This definitive guide will equip you with a complete grasp of mooting from the initial preparatory stages through to advocacy in the moot itself.

In the aftermath of Martinson's 1974 "nothing works" doctrine, scholars have made a concerted effort to develop an evidence-based corrections theory and practice to show "what works" to change offenders. Perhaps the most important contribution to this effort was made by a group of Canadian psychologists, most notably Donald Andrews, James Bonta, and Paul Gendreau, who developed a treatment paradigm called the Risk-Need-Responsivity (RNR) model, which became the dominant theory of correctional treatment. This approach was more recently challenged by a perspective developed by Tony Ward, Shadd Maruna, and others, called the Good Lives Model (GLM). Based in part on desistance research and positive psychology, this model proposes to rehabilitate offenders by building on the strengths offenders possess. GLM proponents see the RNR model as a deficit model that fixes dynamic risk factors rather than identifying what offenders value most, and using these positive factors to pull them out of crime. Through a detailed examination of both models' theoretical and correctional frameworks, The Future of Correctional Rehabilitation: Moving Beyond the RNR Model and Good Lives Model Debate probes the extent to which the models offer incompatible or compatible approaches to offender treatment, and suggests how to integrate the RNR and GLM approaches to build a new and hopefully more effective vision for offender treatment. A foreword by renowned criminologist Francis T. Cullen helps put the material into context. This book will be of much interest to scholars and students studying correctional rehabilitation as well as practitioners working with offenders.

Memory is often the primary evidence in the courtroom, yet unfortunately this evidence may not be fit for purpose. This is because memory is both fallible and malleable; it is possible to forget and also to falsely remember things which never happened. The legal system has been slow to adapt to scientific findings about memory even though such findings have implications for the use of memory as evidence, not only in the case of eyewitness testimony, but also for how jurors, barristers, and judges weigh evidence. Memory and Miscarriages of Justice provides an authoritative look at the role of memory in law and highlights the common misunderstandings surrounding it while bringing the modern scientific understanding of memory to the forefront. Drawing on the latest research, this book examines cases where memory has played a role in miscarriages of justice and makes recommendations from the science of memory to support the future of memory evidence in the legal system. Appealing to undergraduate and postgraduate students of psychology and law, memory experts, and legal professionals, this book provides an insightful and global view of the use of memory within the legal system.

Unlocking Legal Learning is an essential textbook for undergraduate students new to legal study. By explaining the different fields of this intricate subject and helping you to develop the skills to engage with it successfully, Unlocking Legal Learning will provide you with an essential foundation for your studies and future career. This third edition is fully up-to-date and incorporates new styles of assessment and learning resources.Support for your studies in Unlocking Legal Learning includes: Detailed information on how to succeed in mooting competitions, coursework, and dissertation assignments Numerous tips on how to take good notes and revise effectively for exams Advice on how to tackle problem-based questions and work well in groups Guidance on how to access and understand legal materials and references in print and online The Unlocking the Law series is designed to make the law accessible and covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The website www.unlockingthelaw.co.uk provides additional resources such as multiple choice questions, key questions and answers and revision mp3s.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing revision advise to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of-chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams. www.routledge.com/cw/optimizelawrevision

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

This book offers a sustained study of one feature of the prison officer's job: the threat and use of force, which the author calls 'doing' coercion. Adopting an interactionist, micro-sociological perspective, the author presents new research based on almost two years of participant observation within an Italian custodial complex hosting both a prison and a forensic psychiatric hospital. Based on observation of emergency squad interventions during so-called 'critical events', together with visual methods and interviews with staff, 'Doing' Coercion in Male Custodial Settings constitutes an ethnographic exploration of both the organisation and the implicit and explicit practices of threatening and/or 'doing' coercion. With a focus on the lawful yet problematic and discretionary threatening and 'doing' of coercion performed daily on the landing, the author contributes to the growing scholarly literature on power in prison settings, and the developing field of the micro-sociology of violence and of radical interactionism. As such, it will appeal to scholars of sociology, anthropology and criminology with interests in prisons, power and violence in institutions, and visual methods.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union

Mooting is an increasingly important activity in UK law schools. This is because mooting offers students the opportunity to develop advanced analytical, research, drafting and advocacy based skills, which help to improve their general academic achievement and employability profiles. Tangible evidence of these skills is invaluable in a progressively competitive job market. The ideal guide for the first-time mooter, Preparing to Moot provides an accessible, systematic and pragmatic approach which demystifies the process. It focuses on analysis, research and argument construction as the foundations for successful advocacy and provides students with a working guide to use alongside moot problems in five popular topic areas: criminal law, contract law, tort law, human rights and the law of equity. Through careful use of annotated examples generated by real students, and expert tips and advice from the authors, the book shows students how to individually analyse, research and construct arguments for various advocate positions, providing a practical and easy-to-follow overview of how to tackle a moot from analysing a problem initially, right up to beginning to advocate.

Mooting is an increasingly important activity in UK law schools. This is because mooting offers students the opportunity to develop advanced analytical, research, drafting and advocacy based skills, which help to improve their general academic achievement and employability profiles. Tangible evidence of these skills is invaluable in a progressively competitive job market. The ideal guide for the first-time mooter, Preparing to Moot provides an accessible, systematic and pragmatic approach which demystifies the process. It focuses on analysis, research and argument construction as the foundations for successful advocacy and provides students with a working guide to use alongside moot problems in five popular topic areas: criminal law, contract law, tort law, human rights and the law of equity. Through careful use of annotated examples generated by real students, and expert tips and advice from the authors, the book shows students how to individually analyse, research and construct arguments for various advocate positions, providing a practical and easy-to-follow overview of how to tackle a moot from analysing a problem initially, right up to beginning to advocate.

Over the last few years intensive community programmes for both young and adult offenders have become established in the UK as an important new component of penal policy - the ISSP (Intensive Supervision and Surveillance Programme) for persistent and serious young offenders, and the ICCP (Intensive Control and Change Programme) for adult offenders. Expectations of these programmes have been high, but the evidence relating to their effectiveness is mixed, and a number of critical concerns have emerged. This book seeks to address these issues, providing a timely review of the current literature, and presents findings of a recent national evaluation of ISSP. Emerging lessons for future penal policy are presented, and set within a wider theoretical context. The book concludes by stressing the need for greater realism and further evidential support if such programmes are to gain long-term credibility, and also to consider the appropriateness of differing forms of targeting as well as the emphasis placed on the various methods of surveillance.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union

Nearly 185,000 homicides since 1980 remain unsolved, yet with limited staff and resources, it is no surprise that law enforcement units place the bulk of their efforts on current cases where victims' family members and the media demand answers. Cold Cases: An Evaluation Model with Follow-up Strategies for Investigators provides a comprehensive roadmap for digging those cold cases out of the file room and getting them resolved. Practical and concise, the book is an invaluable tool for police officers and detectives attempting to solve crimes that would otherwise be forgotten. Evaluating the Case Divided into three sections, the book begins with a historical perspective on how cases get to the point where it appears all investigative leads have been exhausted. It includes a chapter on understanding the process of homicide and those who kill - critical information for the homicide investigator. Next, the authors explain the evaluation model. They demonstrate the key elements of organization, thoroughness, and the value of the scientific method. This section validates theories of the crime, raises evidentiary issues and concerns, addresses the informational and behavioral aspects relative to the crime and the participants in the crime, and documents investigative strategies for future efforts on the case. Investigating and Solving the Crime The third section discusses the investigation that follows the evaluation. The book considers questions investigators must ask, including what should be looked at beyond the case file itself, and how the growth in technology since the date of the incident might provide new opportunities to uncover clues. This section also explores the choice of interview/interrogation techniques based on the behavioral aspects involved. Finally, the authors suggest how investigators can maximize their efforts and obtain not just an arrest, but a conviction. Useful appendices include sample standard operating procedures from three different agencies to use as a guide for setting up a cold case unit and a list of additional resources a department may look to for assistance. By following the cold cases evaluation model in this volume, those charged with resolving long-forgotten crimes can increase their chance of an accurate resolution, or at least be able to say that everything that can be done has been done.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them:Aim Higher andCommon Pitfalls offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus QandAs and multiple-choice questions to help you focus your revision more effectively. Criminal Law QandA covers the general principles of criminal law, homicide, non-fatal offences against the person and sexual offences, general defences, modes of participation, inchoate offences and vicarious liability, and offences against property.

This book queries the concept of rehabilitation to determine how, on a legislative and policy level, the term is defined as a goal of correctional systems. The book explores what rehabilitation is by investigating how, at different moments in time, its conceptualization has shaped, and been shaped by, shifting norms, practices, and institutions of corrections in California. The author calls for a rethinking of theoretical understandings of the corrections system, generally, and parole system, specifically, and calls for an expansion in the questions asked in reintegration studies. The book is designed for scholars seeking to better understand the relationship between correctional systems and rehabilitation and the full scope of rehabilitation as a legislative goal, and is also suitable for use as teaching tool for historical, textual, and interviewing methods.

Although there is controversy surrounding the Criminal Justice and Public Order Act 1994, it is a wide-ranging piece of legislation. This guide is intended for legal professionals who require quick reference to the provisions of the 1994 Act.

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness. She asks if law should encourage individuals to forgive. And when the courts, public officials, and specific laws should forgive. With empathy and acumen, Minow acknowledges that there are certainly grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. Forgiveness does not change the past but it does enlarge the future.

Competition Damages Actions in the EU offers a clear and concise analysis of the latest legislation and case law, at both EU and national level, in the field of damages actions for breach of EU competition law. This second edition features contributions from practising lawyers in more than ten jurisdictions, as well as offering a thorough analysis of Directive 2014/104. The author explores all aspects of the subject, including substantive problems, such as indirect purchaser standing and passing-on. He examines evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. Key features of the second edition include: First major substantive volume looking at actions for damages under EU competition law since the Commission's proposal, with a thorough review of the Damages Directive of 2014 Comprehensive yet accessible text from an experiential viewpoint Investigation into the concept of collective action as a politically sensitive phenomenon Key section on the quantification of damages in the context of competition law infringements, written by specialist economists. This thorough exposition will be an invaluable resource for practitioners at all levels - from lawyers in private practice, to judges and competition enforcement officials. Being the first to offer a detailed analysis of damages in the context of the new legislation, this book will also appeal to scholars and students of EU competition law.

The early 21st century saw better prison conditions and a lower imprisonment rate however public worry over supposed increasing violent crime as perpetuated by the media in the 1930's led to a return to harsher sentences and fuller prisons. Originally published in 1933, The Lawbreaker analyses British penal methods of the time and of the past to discover the most effective ways to treat prisoners and reduce crime as well as identifying where more research is needed to obtain a balance between punishment and rehabilitation. This title will be of interest to students of Criminology and Sociology.

There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.

Offers a new understanding of jailhouse informants and the role they play in wrongful convictions Jailhouse informants-witnesses who testify in a criminal trial, often in exchange for some incentive-are particularly persuasive to jurors. A jailhouse informant usually claims to have heard the defendant confess to a crime while they were incarcerated together. Research shows that such testimony increases the likelihood of a guilty verdict. But it is also a leading contributor to wrongful convictions. Informants, after all, are generally criminals who are offering testimony in return for some key motivator, such as a reduced sentence. This book offers a broad overview of the history and legal and psychological issues surrounding the testimony of jailhouse informants. It provides groundbreaking psychological research to address how they are used, the number of convictions that have ultimately been overturned on other evidence, how such informants are perceived in the courtroom, and by what means jurors might be informed about the risks of this type of testimony. The volume provides a much-needed examination of legal remedies to the impact of jailhouse informants and suggests best practices in dealing with jailhouse informant testimony in court. There is a critical need to understand the influence of jailhouse informants and how their testimony can best be handled in court in the interests of justice. Jailhouse Informants is the first work of its kind that rises to the challenge of answering these difficult questions.