This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

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.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

The Law Lab Book: Case Studies for Legal Learning surveys the historical development and modern application of key areas of law in the United States. Through a collection of dynamic role-playing exercises, the book challenges students to apply the law in different scenarios and learn about the varied work of different legal professionals. The book is organized into 17 chapters. Within each chapter, students read about key legal concepts and then work together in a group as prosecutors, legislators, justices, ethics panelists, and others to resolve a Law Lab. For each Law Lab, students review the substance of the law and then consider the central issue of the lab, focusing on the facts and legal rules that apply to it. The group is challenged to work together to complete a legal test or answer questions. In doing so, they are encouraged to share their opinions, talk through legal complexities, and work toward a resolution. The book unites theoretical legal learning with concrete application, while also teaching students about the law and the legal profession. The Law Lab Book is an excellent core textbook for law survey courses or any course with the goal of introducing students to American law.

This accessible guide to the U.S. Supreme Court explains the Court's history and authority, its structure and processes, its most important and enduring legal decisions, and its place in the U.S. political system. A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independents asserted that Justices should rely on the Constitution's "original meaning." The Court often is the final arbiter of polarizing battles that originate in other branches of government. At the same time, however, its structural insulation from Congress, the Presidency, and electoral politics make the Supreme Court-at least in theory-well positioned to rise above the rough-and-tumble of politics. This book examines the power of the Supreme Court in America's system of democratic governance in several ways. These include: reviewing debates over whether justices should interpret the Constitution in line with its "original meaning" or in accordance with present-day understandings; exploring the processes and factors that shape how cases are chosen and decided; considering contentious battles over the selection of justices; and examining the impact of the Court on American culture and society. Offers a primer on the U.S. Supreme Court, an intriguing, complicated, and often-controversial piece of the U.S. legal and political system Identifies the sources of the Supreme Court's authority, the constraints to that authority, and ongoing debates about how the Court should exercise that authority Highlights the uniqueness of the Supreme Court, an institution central to U.S. democracy but designed to be insulated from the public and a check against majority rule Explores legal, political, and social factors that influence the Supreme Court and, in turn, how the Court shapes law, politics, and society Covers key areas of Court decision-making, such as separation of powers between the President and Congress, civil rights (e.g., affirmative action and same-sex marriage), and civil liberties (e.g., freedom of speech and free exercise of religion) Promotes literacy in the workings of democracy in the United States

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 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.

Covers a longer span of time than other books - three decades enabling systematic examination of the policies of four governments: Conservative, New Labour, Coalition and Conservative. It both provides a detailed historic account of the twists and turns of policy and legislation over the 30 year period and combines this with commentary from those intimately involved in decision making and implementation of policy and legislation. There is a range of interviewees, including many from non-political sources. Its unique contribution is the combination of the analysis of legislative and organisational changes with the interviewing of virtually all the most important players in the process - all surviving Home Secretaries and Ministers of Justice since 1990, junior ministers; all Directors of Prisons NOMS/HMPPS and the new National Probation Service; four Chief Inspectors of Prisons and three Chief Inspectors of Probation; the four most recently retired Lord Chief Justices. A unique added value is the interviews with virtually all the politicians and other key players who have been involved over the past 30 years, which provide a unique commentary and insight into how they thought and how they approached their responsibilities. The period of time in question has seen many changes in prison and probation and a detailed analysis of this in one place would be useful but, crucially, to also have the interviews of so many people makes this unprecedented. The authors are highly respected and Professor Roy King has been a leading authority on prisons for several decades.

Combines academic rigour with case studies and activities designed to aid learning Suitable for courses both in the UK and internationally, and it uses international examples

This book differs from books for the US Criminal Justice market, by offering an upper level, and philosophical introduction to Criminal Justice Ethics. Its focus on Anglo-American models of justice, means this has a market across western jurisdictions. This book has a market across criminology and criminal justice, philosophy and political science.

This book differs from books for the US Criminal Justice market, by offering an upper level, and philosophical introduction to Criminal Justice Ethics. Its focus on Anglo-American models of justice, means this has a market across western jurisdictions. This book has a market across criminology and criminal justice, philosophy and political science.

The recent development of lay participation is one of the most significant reforms in Japanese legal history. This volume makes a strong case for its extension to civil juries and beyond. Powerfully argued, and making skillful use of comparative evidence, these three leading scholars have produced a volume that will shape the debate for years to come.' - Tom Ginsburg, The University of Chicago, Law School, US'The jury system continues to grow in popularity across the globe, and this book takes us inside the emergence of civil juries in Japan. The author provides rich detail but also recognizes the limitations of the current system. Anyone interested in understanding the challenges and promise of adopting new jury systems can learn much from this careful study, which weaves together historical, legal, and social scientific analyses.' - John Gastil, lead author of The Jury and Democracy and Director, McCourtney Institute for Democracy, Penn State University, US 'This book is a lucid and engaging account of the development and functioning of Japan's system of lay participation in criminal trials, but equally, and perhaps more important, the authors provide solid arguments for the expansion of lay participation in Japanese civil disputes, and they outline how such a system might be developed. The book will also be useful for scholars and practitioners in other Asian countries interested in developing lay participation in their legal systems.' - Neil Vidmar, Duke University, School of Law, US With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay participation into their justice systems, and this book argues that the convergence of current forces makes this an ideal time for Japan to expand lay participation into its civil realm. This book offers a detailed examination of the historical underpinnings of citizen participation in Japan's justice system, and analysis of new reforms related to Japan's adoption of its saibanin seido or quasi-jury 'lay judge system' for serious criminal trials in 2009. Its vivid and groundbreaking research includes an exploration of civil jury trials held in Okinawa after World War II, discussion of citizen participation and its potential impact on environmental civil lawsuits after the Fukushima nuclear disaster, and lessons about jury trials based on the experience of the United States and the recent proliferation of citizen involvement in the justice system around the world. This cutting-edge book project will fascinate legal scholars and students as well as practitioners, political activists, organizations, and policymakers who are interested in citizen participation in Japan and other countries around the world, as it addresses societal harms perpetrated by the government or other entities, judicial reforms, democratic movements, and global justice.

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.

Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, "A republic, if you can keep it." Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent-illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court's decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science's impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals-a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

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.

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.

* Provides a comprehensive overview of the current state of theory, research, policy, and practice of juvenile risk and needs assessment (JRNA) * Informs future methodology, policy, and practice that will facilitate effective and fair case decisions * Covers JRNA as a set of interrelated pieces for assessing and making decisions about juveniles

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

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.

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.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean. In criminal cases, use of lay jurors has stretched to nations in Europe, Latin America, and Asia as they aspire to democracy, greater popular participation in government, and legitimacy of the justice system. But in English-speaking countries, jury trials are declining. Civil juries have been virtually abolished everywhere except the United States, and even there they are rare. In criminal cases, plea bargaining is now taking the place of jury trials. In this book, Renee Lettow Lerner describes the benefits and challenges of using juries, including jury nullification, and considers how innovations from non-English-speaking countries may be key to the survival of lay participation. Along the way, the book tells how a small German state invented a way of using jurors that is now found around the world. And it reveals why some defendants preferred to be crushed to death by weights rather than convicted by a jury.