The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.

The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta's approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.

Interactional Justice explores how defence lawyers accomplish their role in interaction with others and highlights the ways in which they do loyalty work - constructing and conveying loyalty in emotionally and interactionally constraining situations. By drawing on extensive ethnographic fieldnotes and interviews with lawyers, this sociological study brings their loyalty work to life and reveals to the reader the unwritten rules of emotional interactions. It presents how defence lawyers socially construct their duty of loyalty by negotiating informal and implicit professional and social expectations. This accomplishment demands emotion work and face work in order to perform a role which includes defending clients accused of heinous crimes and "losing" the majority of cases. As the defence team is central to this, the ways of doing teamwork are illustrated. Teamwork is also found to be essential between legal professionals to ensure that a criminal trial runs smoothly. All of this takes place within an overarching framework - the emotional regime of law - which aims to uphold the illusionary dichotomy between rationality and emotionality thus quietening the role of emotions. Loyalty and teamwork are features of many professions, workplaces, and aspects of social life making this book an essential tool for understanding strategies for their accomplishment. Focusing on courtroom emotions and interactions, the book suggests how trials can be made more user-friendly and provides guidance for newly qualified legal professionals. The use of ethnographic fieldnotes and interviews provides scholars and students in the social sciences, teaching, law, and medicine with a colourful monograph which reveals and explains emotion and interaction rules. It also makes this book a useful tool for teaching and understanding qualitative research methods.

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laicite, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 2004

Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in (re)presenting and (re)constructing the crime. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors.

How might we best manage those who have offended but have mental vulnerabilities? How are risks identified, managed and minimised? What are ideological differences of care and control, punishment and therapy negotiated in practice? These questions are just some which are debated in the eleven chapters of this book. Each with their focus on a given area, authors raise the challenges, controversies, dilemmas and concerns attached to this particular context of delivering justice. Taking insights on imprisonment, community punishments and forensic services, this book provides a broad analysis of environments. But it also casts a critical light on how punishment of the mentally vulnerable sits within public attitudes and ideas, policy discourses, and the ways in which those seen to present as risky and dangerous are imagined. Written in a clear and direct style, this book serves as a valuable resource for those studying, working or researching at the intersections of healthcare and criminal justice domains. This book is essential reading for students and practitioners within the fields of criminology and criminal justice, social work, forensic psychology, forensic psychiatry, mental health nursing and probation.

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.

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

A comprehensive presentation of the use of economics in judicial decisions, the book is structured to provide all the foundational concepts that are important for the application of economics to the development and interpretation of statutes that emanate from economic conditions. The diversity of the economic field defines the scope of the book and its relevance to the study of law and rule adjudication. Beyond the positive dimensions of law and economics, the book evaluates the normative aspects of law and economics when laws are imprecise, and markets are inefficient. The ethical scope of transactions and rule adjudication are further considered in the context of professional ethics and the rationale for ethical considerations in the practice of law and economics. It presents a unique analysis of law, finance, and economics, by taking a look at the intricate quantitative requirements that are essential for scientific knowledge in the courtroom and the international dimensions of the practice of law and economics beyond municipal frontiers. It alerts entrepreneurs to risk exposures in the global economy and provides foundational information for readers who are also interested in international law and economics, and the essence and interpretations of international conventions appertaining to money, expropriation, the environment, and investments in international financial markets. This book is a useful reference for both undergraduate and graduate students who are interested in law and economics, forensic economics, corporate white-collar crime, and legal studies. It is also valuable for certificate programs for paralegals who wish to have a basic understanding of economic and financial concepts.

This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.

This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade.

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent-child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.

Though criminology took root in Russia in the early 1800s and has gone through various stages of maturation-paralleling developments of the discipline in Europe and North America over the last two centuries-its contributions and presence in the field is hardly noticeable in the English-speaking world. The objective of this book is by no means to fill that void, but rather to bring together the recent developments in Russia, keeping in context its rich history of criminological legacies, traditions, and its current experiences and growth since the restructuring of Soviet Union. This book was originally published as a special issue of the International Journal of Comparative and Applied Criminal Justice.

This clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland. It covers the underlying common law; interpretation of the lease; remedies for breach of repairing obligation; common parts and service charge; and dispute resolution.

As our 27th president from 1909 to 1913, and then as chief justice of the Supreme Court from 1921 to 1930, William Howard Taft was the only man ever to lead two of America's three governing branches. But between these two well-documented periods in office, there lies an eight-year patch of largely unexplored political wilderness. It was during this time, after all, that Taft somehow managed to rise from his ignominious defeat by both Woodrow Wilson and Theodore Roosevelt in the 1912 election to achieve his lifelong goal of becoming chief justice. In the first in-depth look at this period in Taft's singular career, eminent presidential historian Lewis L. Gould reveals how a man often derided for his lack of political acumen made his way through the hazards of Republican affairs to gain his objective.

In the years between the presidency and the Supreme Court Taft was, as one commentator observed, "the greatest of globe trotters for humanity." Gould tracks him as he crisscrosses the country from 1913 through the summer of 1921, the inveterate traveler reinventing himself as an elder Republican statesman with no visible political ambition beyond informing and serving the public. Taft was, however, working the long game, serving on the National War Labor Board, fighting for the League of Nations, teaching law and constitutional history at Yale, making up his differences with Roosevelt, all while negotiating the Republican Party's antipathy and his own intense dislike of Woodrow Wilson, whose wartime policies and battle for the league he was bound to support. Throughout, his judicial ambition shaped his actions, with surprising adroitness.

This account of Taft's journey from the White House to the Supreme Court fills a large gap in our understanding of an important American politician and jurist. It also discloses how intricate and complicated public affairs had become during the era of World War I and its aftermath, an era in which William Howard Taft, as a shrewd commentator on the political scene, a resourceful practitioner of party politics, and a man of consummate ambition, made a significant and lasting mark.

It is generally accepted that men commit more crimes than women. The widespread acceptance of this view is based primarily on the number of convictions with most jurisdictions reporting considerably fewer incarcerated women/girls than men/boys. This manuscript argues however that decisions made by the various stakeholders that play a role in the incarceration of men are inherently gendered. These decisions are based on patriarchal perceptions and stereotypes related to the familial roles of men and women, and by extension their motivations or offending. Few studies have sought to explore the nature of these perceptions, and the effect these may have on incarceration patterns. Indeed, this form of inquiry remains absent from the research agenda of Caribbean criminologists. Using qualitative data from Barbados, this book analyses the extent to which these factors are taken into consideration not only by the police and members of the judiciary, but by examining the gendered decisions made by shop managers and proprietors in cases involving shoplifting, it seeks to analyse the extent to which these factors are taken into consideration before incidents reach the justice system. Critically, this book seeks also to juxtapose these assumptions against testimony from men incarcerated at Her Majesty's Prison. The large proportion of males in Caribbean prisons when compared to their female counterparts necessitates an investigation into the factors that may contribute to differential treatment as they move through the justice system. Using data from Barbados, the present study seeks to fill this need.

Measuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker's disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative "activism" of recent justices on the Court.
Stefanie Lindquist and Frank B. Cross's work is guided theoretically by the notion that, at its core, the concept of activism involves concerns over the judiciary's institutional aggrandizement at the expense of the elected branches. An important corollary idea is that such efforts are particularly "activist" when they further the justices' own policy or ideological objectives. From these core theoretical ideas, the authors identify specific empirical manifestations that reflect the expansion of judicial power. In particular, the authors evaluate the Court's exercise of judicial review to invalidate legislative and executive action. Lindquist and Cross also analyze the justices' willingness to expand the Court's power by granting litigants increased access to the courts and overruling the Court's own precedents. In these contexts, Measuring Judicial Activism considers the extent to which these actions are consistent with the justices' ideological predilections.

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

In Patching Up the Cracks Michael D. Grimes evaluates the American juvenile court system, specifically looking at its ability to address child abuse and neglect cases. This project is both a specific case study focusing on the Orleans Parish Juvenile Court in New Orleans, Louisiana, and a discussion of the need to examine the juvenile court system within its larger social and institutional context. Grimes persuasively argues that in order to better evaluate the potential for juvenile court reform, it is crucial to understand the health of the larger community environment within which the court system operates. The book begins with a chronological overview of the evolution of children's rights and a brief history of juvenile justice in America, culminating in a thoroughgoing assessment of its current status. Grimes concludes with a discussion of the need for more adequate studies-researchers and students will appreciate the discussion of his own research design and methodology-of the ways that juvenile courts treat dependency cases and the processes through which these courts can improve their performance.

This volume in ABC-CLIO's About Federal Government set looks at the history and daily operations of the federal judiciary, from district courts, to courts of appeal, to the Supreme Court. The Judicial Branch of Federal Government: People, Process, and Politics shows how the federal courts act as interpreters of the law, definers of rules, and shapers of policy, covering the judiciary throughout U.S. history and as it functions today. In one concise yet comprehensive resource, The Judicial Branch of Federal Government describes the constitutionally ascribed roles and structures of the courts. It looks at the men and women who serve on the federal bench (who they are and how they are appointed), as well as the fascinating relationship of the federal courts with the legislative and executive branches and with the 50 state court systems. Provides a detailed timeline of the legislative history of the federal courts, from the Supreme Court to the district courts by state Primary sources include Article III of the U.S. Constitution, the Judiciary Acts of 1789 and 1801, the Evarts Act of 1891 (creation of Circuit Courts of Appeals), the Judiciary Act of 1911 (disbanding the old Circuit Courts), landmark cases such as Marbury v. Madison (judicial review) and a complete listing of all who served as federal judges by name and by the court they served in