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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General

Desistance and Societies in Comparative Perspective (Paperback): Dana Segev Desistance and Societies in Comparative Perspective (Paperback)
Dana Segev
R1,376 Discovery Miles 13 760 Ships in 10 - 15 working days

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.

Restoring Justice and Security in Intercultural Europe (Paperback): Brunilda Pali, Ivo Aertsen Restoring Justice and Security in Intercultural Europe (Paperback)
Brunilda Pali, Ivo Aertsen
R1,498 Discovery Miles 14 980 Ships in 10 - 15 working days

The intercultural contexts and new configurations in Europe offer fertile ground for social conflict, tensions and threat. This book challenges predominant and fear inducing approaches of justice and security as they appear in intercultural contexts, and develops alternative understandings by exploring both theoretically and empirically the potential of dialogic and restorative justice oriented actions in sensitive areas of living together. The book offers unique opportunities for rethinking frames of (in)justice, (in)security, and their intersections, and for reshaping European practices and policies in a more sustainable way. This book is based on an innovative and exploratory action research project in four European countries, which challenges the obsessive focus on security concerns, the merging of the security discourse with intercultural contexts, and the emphasis on technology and surveillance as a way to conceive the doing of security. Both the project and the book offer another vision on what security means and how it can be done, by multiplying participatory encounters between different groups in society, promoting opportunities for deliberations and dialogue about alternative forms of conviviality. The book is one of two volumes resulting from the work by a group of researchers in six European countries having cooperated intensively during four years in ALTERNATIVE, an action research project funded under the EU Seventh Framework Programme.

Applied Photovoice in Criminal Justice - Voices Made Visible (Hardcover): Wendy Fitzgibbon Applied Photovoice in Criminal Justice - Voices Made Visible (Hardcover)
Wendy Fitzgibbon
R1,667 Discovery Miles 16 670 Ships in 10 - 15 working days

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.

Punishment (Paperback): Rob Canton Punishment (Paperback)
Rob Canton
R1,239 Discovery Miles 12 390 Ships in 10 - 15 working days

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.

Expert Privilege' in Civil Evidence (Hardcover): Paul England Expert Privilege' in Civil Evidence (Hardcover)
Paul England
R3,386 Discovery Miles 33 860 Ships in 18 - 22 working days

Expert evidence frequently wins or loses cases. The importance of handling that evidence properly is therefore paramount. Fundamental to this is the application of privilege. Indeed, thorny privilege issues relating to expert documents, drafts, communications, instructions, collateral use, joint statements, statements of replaced experts, amongst other issues, come up time and again in practice. This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book. This book provides an overview of the issues, cases and rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout. The order in which issues are discussed follows the process by which expert evidence is prepared, from instruction through to collateral use. The intended readership is solicitors and counsel practicing in England and Wales in all the areas of civil, commercial litigation that use expert evidence. This book will also be of interest to practitioners in other common law countries and academics who are interested in English procedural law.

Execution Culture in Nineteenth Century Britain - From Public Spectacle to Hidden Ritual (Paperback): Patrick Low, Helen... Execution Culture in Nineteenth Century Britain - From Public Spectacle to Hidden Ritual (Paperback)
Patrick Low, Helen Rutherford, Clare Sandford-Couch
R1,384 Discovery Miles 13 840 Ships in 10 - 15 working days

This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. From Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners' memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies, History, Law, Legal History and Literary Studies, to shed new light on execution culture in nineteenth century Britain. This volume will be of interest to students and academics in the fields of criminology, heritage and museum studies, history, law, legal history, medical humanities and socio-legal studies.

Barbara Wootton and the Legacy of a Pioneering Public Criminologist (Paperback): Philip Bean Barbara Wootton and the Legacy of a Pioneering Public Criminologist (Paperback)
Philip Bean
R1,363 Discovery Miles 13 630 Ships in 10 - 15 working days

This book offers an assessment of Barbara Wootton's legacy as a pioneering public criminologist. Barbara Wootton (1897-1988) was a leading British social scientist, magistrate, academic and public servant. She was also a life peer (Baroness Wootton of Abinger) and the first woman to sit on the Woolsack in the House of Lords as Deputy Speaker. One of the Royal Commissions on which she served was on the Penal System, (1964) and two of the Departmental Committees were on the Business of the Criminal Courts (1958) and Criminal Statistics (1963). Of her written work perhaps the most famous is `Social Science and Social Pathology` (published in 1959) which was an attempt to discover what the social sciences had to say about criminality, its causes and its social effects. This book examines her career in historical context, and her contribution to thinking and scholarship on a range of topics. These topics range from the courts and the penal system and her report on the Community Service Order, to crime and criminal law and her analysis of the notions of mens rea, to her work on psychiatry and criminal justice. It explores her contribution as a utilitarian critic in Criminology, within the British empiricist tradition. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, criminal justice, law and all those interested in learning more about Barbara's life and times.

Genocide and Victimology (Paperback): Yarin Eski Genocide and Victimology (Paperback)
Yarin Eski
R1,384 Discovery Miles 13 840 Ships in 10 - 15 working days

Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide.

Redefining Murder, Transforming Emotion - An Exploration of Forgiveness after Loss Due to Homicide (Paperback): Kristen Discola Redefining Murder, Transforming Emotion - An Exploration of Forgiveness after Loss Due to Homicide (Paperback)
Kristen Discola
R1,375 Discovery Miles 13 750 Ships in 10 - 15 working days

Offering insights based on years of original research, Redefining Murder, Transforming Emotion: An Exploration of Forgiveness after Loss Due to Homicide investigates the ideas and experiences of individuals who have lost loved ones to homicide (co-victims) in order to advance our understanding of the emotional transformation of forgiveness. It stands at the crux of two vibrant, growing fields: criminal victimology and the sociology of emotion. Analysis of 36 intensive interviews with co-victims and three years of participant observation of self-help groups and other victim-centered events offers a multidimensional understanding of forgiveness. Specifically, this book answers the questions of "What?," "When?," "How?," and "Why?" forgiveness occurs by exploring co-victims' ideas about forgiveness, the differential experiences of various groups of people, the processes through which forgiveness occurs in a variety of extreme circumstances of homicide, and co-victims' motivations toward forgiveness. The book concludes with commentary on overarching conclusions based on this work; theoretical and practical implications; suggestions for directions for future inquiry; and an in-depth account of the methodological strategies employed to gather such rich and nuanced data. This book will appeal to academics and students alike, within relevant fields, including sociology, criminology, restorative justice, victim services, psychology, and social welfare, as well as individuals seeking a better understanding of their own experiences, including co-victims or others whose lives have been altered by extreme forms of violence and upheaval. Its detailed postscript will also serve well those interested in qualitative methodology in social science research.

Family Activism in the Aftermath of Fatal Violence (Paperback): Elizabeth A Cook Family Activism in the Aftermath of Fatal Violence (Paperback)
Elizabeth A Cook
R1,384 Discovery Miles 13 840 Ships in 10 - 15 working days

Family Activism in the Aftermath of Fatal Violence explores how family and family activism work at the intersection of personal and public troubles and considers what influence family testimonies of fatal violence can have on matters of crime, justice, and punishment. The problem of fatal violence represents one end of a long continuum of violence that marks society, the effects of which endure in families and friends connected through ties of kinship, identity and social bonds. The aftermath of fatal violence can therefore be an intensely personal encounter which confronts families with disorder and uncertainty. Nevertheless, bereaved families are often found at the forefront of efforts to expose injustice, rouse public consciousness, and drive forward social change that seeks to prevent violence from happening again. This book draws upon ethnographic research with those bereaved by gun violence who became involved in family activism in the context of fatal violence: namely, the attempts by bereaved families to manage their experiences of violent death through public expressions of grief and become proxies for wider debates on social injustice. This is an ever more pressing issue in a landscape which increasingly sees the delegation of responsibility to families and communities that are left to deal with the aftermath of violence. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, cultural studies, and all those interested in learning more about the after-effects of fatal violence.

Handbook on Moving Corrections and Sentencing Forward - Building on the Record (Paperback): Pamela K Lattimore, Beth M.... Handbook on Moving Corrections and Sentencing Forward - Building on the Record (Paperback)
Pamela K Lattimore, Beth M. Huebner, Faye S. Taxman
R1,496 Discovery Miles 14 960 Ships in 10 - 15 working days

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.

Responses to Serious Offending by Children - Principles, Practice and Global Perspectives (Hardcover): Nessa Lynch, Yannick van... Responses to Serious Offending by Children - Principles, Practice and Global Perspectives (Hardcover)
Nessa Lynch, Yannick van den Brink, Louise Forde
R4,499 Discovery Miles 44 990 Ships in 10 - 15 working days

This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future. Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children's rights across the globe.

Victim Participation Rights - Variation Across Criminal Justice Systems (Hardcover, 1st ed. 2019): Kerstin Braun Victim Participation Rights - Variation Across Criminal Justice Systems (Hardcover, 1st ed. 2019)
Kerstin Braun
R2,066 R1,409 Discovery Miles 14 090 Save R657 (32%) Ships in 10 - 15 working days

This book traces victims' active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.

Performing Judicial Authority in the Lower Courts (Hardcover, 1st ed. 2017): Sharyn Roach Anleu, Kathy Mack Performing Judicial Authority in the Lower Courts (Hardcover, 1st ed. 2017)
Sharyn Roach Anleu, Kathy Mack
R3,347 Discovery Miles 33 470 Ships in 10 - 15 working days

Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.

Convictions Without Truth - The Incompatibility of Science and Law (Hardcover): Robert Schehr Convictions Without Truth - The Incompatibility of Science and Law (Hardcover)
Robert Schehr
R1,649 Discovery Miles 16 490 Ships in 10 - 15 working days

Convictions Without Truth sets out to determine whether and to what extent science and law may coexist in an institutional relationship that truthfully generates individualization through application of forensic testimony for charges relating to violations of criminal law. In the first two chapters, readers are exposed to contemporary unscientific forensic practices as juxtaposed to the evidentiary standard announced by the United States Supreme Court in Daubert v. Merrill Dow Pharmaceuticals, as well as scientific requirements for validity and reliability of expert witness testimony. The remaining chapters provide an explanation for retention of existing, though faulty, forensic practices by way of analysis of path dependency, the fixation of belief, and neuro and cognitive psychology. Through immanent critique and unmasking, the book deconstructs prevailing forensic practices through application of existing published documentation. The final chapter addresses the fixation of belief from the perspective of neuropsychology and cognitive psychology. Readers will gain an understanding of the current concerns relating to application of contemporary forensic practices; current case law and federal rules guiding the introduction of expert witness testimony; and why it is that despite widely recognized concerns raised from within and outside of the criminal legal system, application of unscientific forensic practices continues. The book also shows how the criminal legal system is experiencing a paradigm shift due to dialectical juxtaposition of existing unscientific forensic practices with contemporary science. Readers are shown that because of its continued reliance upon unscientific forensic practices, the criminal legal system reveals its hegemonic commitment to social control through its willingness to accept "satisfying" as opposed to "truthful" results that generate wrongful convictions. Convictions Without Truth will be of particular interest to students, academics, and practitioners working within the criminal legal field. It will also appeal to those wanting to know more about forensics and criminal law.

The Effective Security Officer's Training Manual (Paperback, 3rd edition): Ralph F. Brislin The Effective Security Officer's Training Manual (Paperback, 3rd edition)
Ralph F. Brislin
R1,310 Discovery Miles 13 100 Ships in 10 - 15 working days

The Effective Security Officer's Training Manual, Third Edition teaches today s security officers the most important aspects of performing the job of a security officer professionally and effectively. Training is the most important element in becoming a professional security officer, but it is also often overlooked or underutilized. This straightforward, easy-to-follow, and well-organized text covers the essentials that security officers need as they face issues of growing technology and an emphasis on proactiveness and vigilance. The Effective Security Officer's Training Manual, Third Edition also covers many topics of current concern such as sexual harassment, crowd control, cultural diversity, persons with special needs, new technologies, and much more. With discussion questions at the end of every chapter and a full ancillary package accompanying the text, this manual is a comprehensive tool for developing a career as a successful and trusted professional security officer.
Meets ASIS International s guidelines for Private Security Officer Selection & Training.
Addresses the latest technological advancements that impact how today s security officers do their jobs.
Discusses the increased role security officers have in observing and reporting suspicious activities and events.
Includes end-of-chapter discussion questions to enhance understanding."

Feminism, Violence Against Women, and Law Reform - Decolonial Lessons from Ecuador (Hardcover): Silvana Tapia Tapia Feminism, Violence Against Women, and Law Reform - Decolonial Lessons from Ecuador (Hardcover)
Silvana Tapia Tapia
R4,485 Discovery Miles 44 850 Ships in 10 - 15 working days

Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today's dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.

Adversarial Justice and Victims' Rights - Reconceptualising the Role of Sexual Assault Victims (Paperback): Mary Iliadis Adversarial Justice and Victims' Rights - Reconceptualising the Role of Sexual Assault Victims (Paperback)
Mary Iliadis
R1,373 Discovery Miles 13 730 Ships in 10 - 15 working days

Adversarial Justice and Victims' Rights explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims' procedural and substantive justice concerns. The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, the book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims' experiences of the legal process. Reconceptualising the role of sexual assault victims from 'witnesses' to 'participants' will also increase the likelihood that victims' rights and interests will be considered alongside those of the state and the accused. Situating its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems, the book outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims' Rights will be of great interest to academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as students researching sexual violence and victims' access to justice.

Executive Clemency - Comparative and Empirical Perspectives (Paperback): Daniel Pascoe, Andrew Novak Executive Clemency - Comparative and Empirical Perspectives (Paperback)
Daniel Pascoe, Andrew Novak
R1,390 Discovery Miles 13 900 Ships in 10 - 15 working days

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

Governing Delinquency Through Freedom - Control, Rehabilitation and Desistance (Paperback): Geraldine Bugnon Governing Delinquency Through Freedom - Control, Rehabilitation and Desistance (Paperback)
Geraldine Bugnon
R1,376 Discovery Miles 13 760 Ships in 10 - 15 working days

This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) - a form of probation - in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context - which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other - sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, and social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency.

Emotional Labour in Criminal Justice and Criminology (Paperback): Jake Phillips, Chalen Westaby, Andrew Fowler, Jaime Waters Emotional Labour in Criminal Justice and Criminology (Paperback)
Jake Phillips, Chalen Westaby, Andrew Fowler, Jaime Waters
R1,380 Discovery Miles 13 800 Ships in 10 - 15 working days

This book is the first volume to explore criminal justice work and criminological research through the lens of emotional labour. A concept first coined 30 years ago, emotional labour seeks to explore the ways in which people manage their emotions in order to achieve the aims of their organisations, and the subsequent impact of this is on workers and service users. The chapters in this edited collection explore work in a wide range of criminal justice institutions as well as the penal voluntary sector. In addition to literature review chapters which consolidate what we already know, this book includes case study chapters which extend our knowledge of how emotional labour is performed in specific contexts, and in relation to certain types of work. Emotional Labour in Criminal Justice and Criminology covers topics such as prisoners who die from natural causes in prison, to the work of independent domestic violence advisors and the use of emotion by death penalty lawyers in the US. An accessible and compelling read, this book presents ground-breaking qualitative and quantitative research which will be critical to criminologists, criminal justice practitioners, students of criminology and academics in the fields of social policy and public service.

Teaching Evidence Law - Contemporary Trends and Innovations (Paperback): Yvonne Daly, Jeremy Gans, P.J. Schwikkard Teaching Evidence Law - Contemporary Trends and Innovations (Paperback)
Yvonne Daly, Jeremy Gans, P.J. Schwikkard
R1,293 Discovery Miles 12 930 Ships in 10 - 15 working days

Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, the United Kingdom and the United States. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. This book focuses on the methods used to teach a mix of abstract and practical rules, as well as the underlying skills of fact-analysis, that students need to apply the law in practice, to research it in the future and to debate its appropriateness. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area. Part of Routledge's series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of evidence law, as well as those with a wider interest in legal pedagogy or legal practice.

The American Penal System - Transparency as a Pathway to Correctional Reform (Paperback): Helen Clarke Molanphy The American Penal System - Transparency as a Pathway to Correctional Reform (Paperback)
Helen Clarke Molanphy
R1,261 Discovery Miles 12 610 Ships in 10 - 15 working days

* Provides a compelling long-term analysis of the problems plaguing the United States correctional system * Recommends a path of transparency that will lead to the reduction of mass incarceration and the humanization of the system to provide better public safety overall * Suitable for advanced courses on corrections and correctional management

The American Penal System - Transparency as a Pathway to Correctional Reform (Hardcover): Helen Clarke Molanphy The American Penal System - Transparency as a Pathway to Correctional Reform (Hardcover)
Helen Clarke Molanphy
R4,486 Discovery Miles 44 860 Ships in 10 - 15 working days

* Provides a compelling long-term analysis of the problems plaguing the United States correctional system * Recommends a path of transparency that will lead to the reduction of mass incarceration and the humanization of the system to provide better public safety overall * Suitable for advanced courses on corrections and correctional management

Principled Judicial Restraint: A Case Against Activism (Hardcover): Jerold Waltman Principled Judicial Restraint: A Case Against Activism (Hardcover)
Jerold Waltman
R3,500 Discovery Miles 35 000 Ships in 10 - 15 working days

Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."

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