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This book reports on research which investigates the perceptions of
ethnic minorities concerning their treatment in the criminal
courts. It examines the extent to which ethnic minority defendants
and witnesses in both the Crown Court and the magistrates' courts
perceived their treatment to have been unfair, whether they
believed any unfairness to have been the result of ethnic bias, and
whether this had affected their confidence in the criminal courts.
The study, carried out by the Oxford Centre for Criminological
Research in association with the University of Birmingham for the
Lord Chancellor's Department, involved observations of cases and
interviews with more than a thousand people (defendants, witnesses,
barristers, solicitors, judges, magistrates and others), and
focused on courts in Manchester, Birmingham and London. A Fair
Hearing? Ethnic minorities in the criminal courts begins by showing
how widely held the belief has been that ethnic minorities are
discriminated against by the courts and by other agencies in the
criminal justice system. It discusses the factors that contributed
to this belief, including the findings of the Macpherson Report and
the notion of 'institutional racism'. The main part of the book
then looks at the institutional setting in which the research took
place, the experience of defendants and witnesses, their views
about how they were treated by the criminal courts, and the views
of others involved in the court process. Final chapters in the book
address the issue of sensitivity to ethnicity on the part of
judges, magistrates and lawyers. It shows that attitudes and
practices are perceived to have changed for the better and examines
what more needs to be done to increase the confidence that members
of ethnic minorities have in the fairness of the criminal courts.
This book reports on research which investigates the perceptions of
ethnic minorities concerning their treatment in the criminal
courts. It examines the extent to which ethnic minority defendants
and witnesses in both the Crown Court and the magistrates' courts
perceived their treatment to have been unfair, whether they
believed any unfairness to have been the result of ethnic bias, and
whether this had affected their confidence in the criminal courts.
The study, carried out by the Oxford Centre for Criminological
Research in association with the University of Birmingham for the
Lord Chancellor's Department, involved observations of cases and
interviews with more than a thousand people (defendants, witnesses,
barristers, solicitors, judges, magistrates and others), and
focused on courts in Manchester, Birmingham and London. A Fair
Hearing? Ethnic minorities in the criminal courts begins by showing
how widely held the belief has been that ethnic minorities are
discriminated against by the courts and by other agencies in the
criminal justice system. It discusses the factors that contributed
to this belief, including the findings of the Macpherson Report and
the notion of 'institutional racism'. The main part of the book
then looks at the institutional setting in which the research took
place, the experience of defendants and witnesses, their views
about how they were treated by the criminal courts, and the views
of others involved in the court process. Final chapters in the book
address the issue of sensitivity to ethnicity on the part of
judges, magistrates and lawyers. It shows that attitudes and
practices are perceived to have changed for the better and examines
what more needs to be done to increase the confidence that members
of ethnic minorities have in the fairness of the criminal courts.
In this challenging collection of new essays, leading philosophers
and criminal lawyers from the United States, the United Kingdom,
and Canada break with the tradition of treating the philosophical
foundations of criminal law as an adjunct to the study of
punishment. Focusing clearly on the central issues of moral luck,
mistake, and mental illness, this volume aims to reorient the study
of criminal law. In the process of retrieving valuable material
from traditional law classifications, the contributors break down
false associations, reveal hidden truths, and establish new
patterns of thought. Their always illuminating and sometimes
startling conclusions makes this essential reading for all those
interested in the philosophy of criminal law.
Are there any human rights that apply to all women and all men in
all cultures at all times? Can we ground human rights in an
abstract rationality possessed by every human being? Or, as some
philosophers have claimed, are attempts to ground human rights
doomed to failure? Do human rights in any case need such grounding?
"On Human Rights," the second book in the Oxford Amnesty Lecture
Series, presents the opinions of seven distinguished contributors
who approach the problem of universal human rights from a variety
of perspectives using a wealth of contemporary and historical
material. The essays make a significant contribution to the theory
and practice of human rights . They grapple with the hard questions
that confront anyone concerned with responding appropriately to the
numerous violations of human rights that surround us.
Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into a range of principles of criminality. It advances our understanding of such key issues as what amounts to a criminal act or omission, the state of mind of the perpetrator, and defences.
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