Criminal procedure Books
University of Alberta Press Entryways to Criminal Justice: Accusation and
Book SynopsisHow do societies decide whom to criminalize? What does it mean to accuse someone of being an offender? Entryways to Criminal Justice analyzes the thresholds that distinguish law-abiding individuals from those who may be criminalized. Contributors to the volume adopt social, historical, cultural, and political perspectives to explore the accusatory process that place persons in contact with the law. Emphasizing the gateways to criminal justice, truth-telling, and overcriminalization, the authors provide important insights into often overlooked practices that admit persons to criminal justice. It is essential reading for scholars, students, and policy makers in the fields of socio-legal studies, sociology, criminology, law and society, and post/colonial studies. Contributors: Dale A. Ballucci, Martin A. French, Aaron Henry, Bryan R. Hogeveen, Dawn Moore, George Pavlich, Marcus A. Sibley, Rashmee Singh, Amy Swiffen, Matthew P. Unger, Elise Wohlbold, Andrew WoolfordTable of ContentsAcknowledgements Introduction // George Pavlich & Matthew P. Unger 1 Accusatory Entryways to Criminal Justice // George Pavlich 2 Right to Speech / Accusation, Rhetoric, and Criminal Entryways in BC Colonial Law // Matthew P. Unger 3 “Let Them Learn the Lesson of the Season” / Suspicion, Habit, and Punishment During the Red River Famine (1825–1826) // Aaron Henry 4 Entryways to Criminalization / Cases of HIV Prosecution in Canada // Amy Swiffen & Martin A. French 5 From Science to Slugging / Foucault, Law, and Truth in Prize Fighting // Bryan R. Hogeveen 6 Imprisoned at Large / The Perpetual State of Accusation // Dale A. Ballucci 7 Decriminalizing Settler Colonialism in Canada / Entryways to Genocide Accusation and Erasure // Andrew Woolford 8 “How She Appears” / Demeanour, Cruel Optimism, and the Relationship Between Police and Victims of Domestic Violence // Marcus A. Sibley, Elise Wohlbold, Dawn Moore & Rashmee Singh Contributors Index
£26.99
Edinburgh University Press Scottish Evidence Law Essentials
Book SynopsisA concise guide to the law of evidence in Scotland
£17.99
Cambridge University Press Justice in Extreme Cases
Book SynopsisIn Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL''s novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a ''coherentist'' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.Trade Review'Robinson's brilliant Justice in Extreme Cases has rehabilitated international criminal law using a deft combination of sophisticated philosophy, legal doctrine, and level-headed policy. In rediscovering the justice in international criminal justice, Robinson's book sails against the prevailing winds of an increasingly cynical discipline and takes the reader on a refreshing journey.' Jens David Ohlin, Vice Dean and Professor of Law, Cornell Law School'Darryl Robinson's important and compelling book marks a significant contribution to the literature on International Criminal Law. His rich and careful analysis is full of insights, providing a roadmap for better reasoned judicial opinions and welcome reforms that will re-commit the law to fundamental principles of justice.' Alexander K. A. Greenawalt, Professor of Law, Elisabeth Haub School of Law at Pace University'Drumbl produced a generation of expressivists, and Robinson is poised to create a generation of deontic cosmopolitan coherentists. Justice in Extreme Cases provides an eminently humane and sensible view of international criminal legal theory and offers a look at the theory in action with a compelling analysis of command responsibility. Anyone working in (or even just interested in) international criminal law should read this book.' Caroline L. Davidson, Professor of Law, Willamette University, College of Law'This well-reasoned, bountifully sourced, and exceptionally insightful book … If … you are interested in some challenging thinking that questions orthodoxies … and if you are in search of a new way of thinking about the interpretation and application of ICL, then Justice in Extreme Cases - Criminal Law Theory Meets International Criminal Law delivers.' Michael G. Karnavas, michaelgkarnavas.net'This is a very significant contribution to the theory of international criminal law (ICL) … by … a prominent member of the Canadian Government's team that worked on the ICC negotiations …Robinson sets out his … appealing jurisprudential stance for approaching such questions [and] weighs in persuasively on a matter of great significance.' Roger S. Clark, Criminal Law ForumDarryl Robinson has firmly established himself as a leading and original theorist in the area of international criminal law (ICL). Robinson's book has received widespread and justified praise…. [T]here is no aspect of ICL that could not be improved by adopting Robinson's approach to legal theory. Joseph Rikhof, Canadian Yearbook of International Law/Annuaire canadien de droit internationalTable of ContentsAcknowledgements; Cases and Authorities; List of Abbreviations; Part I. Introduction and Problem: 1. Introduction; 2. The Identity Crisis of International Criminal Law; Part II. Proposed Solution: 3. The Humanity of Criminal Justice; 4. Fundamentals without Foundations; 5. Criminal Law Theory in Extremis; Part III. Illustration through Application: 6. An Unresolved Contradiction; 7. The Outer Limits of Culpability; 8. The Genius of Command Responsibility; 9. Horizons: The Future of the Justice Conversation; Judgment; Glossary of Selected Terms; Bibliography; Index.
£23.99
Bristol University Press Criminal Justice and the Pursuit of Truth
Book SynopsisCan the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth – its complexities and nuances – and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.Table of ContentsThe Criminal Process and the Pursuit of Truth Allegations Confessions Witness Testimony Truth and the Probity of Evidence-Gathering Decisions and Narratives: Factfinding and Case Construction Truth and the Criminal Trial: Competing Stories Truth, Sentencing and Punishment Restoration, Reconciliation and Reconceptualizing Justice The Truth, the Whole Truth and Nothing but the Truth: The Truth of Who Is to Blame
£72.00
New York University Press Judging Addicts
Book SynopsisThe number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call enlightened coercion, detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both sick and bad. Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a progressive and enlightened approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaTrade Review[T]his is an excellent book that will be of interest to sociologists who study punishment, health, deviance, and social control. It is well written and persuasive. Tiger effectively brought the sociology of knowledge to bear on a contemporary, policy-relevant question. This is no small accomplishment. While there are other critical books on drug courts available, Tigers approach is fresh and unique and therefore should be required reading by anyone studying the drug court movement. * Social Forces *[Judging Addicts] is interesting and well written, and perhaps its greatest strength lies in the way in which its author sets her discussion of the drug court initiative in a historic context. * Drugs: Education, Prevention and Policy *Table of ContentsBoth Bad and Sick2 Criminalizing Deviance: Reconciling the Punitive and Rehabilitative3 "The Right Thing to Do for the Right Reasons": The Institutional Context for the Emergence of Drug Courts 4 "Enlightened Coercion": Making Coercion Work5 "Force Is the Best Medicine": AddictionRecovery, and Coercion6 "Now That We Know the Medicine Works": Expanding the Drug Court Model
£18.69
CILEX Education Introduction to Criminal Practice
Book SynopsisIntroduction to Criminal Practice focusses on key elements of Criminal Law, and the practicalities of criminal procedure. This book is suitable for paralegals and junior staff working in criminal defence teams, as well as for junior staff working in CPS, police and other prosecution teams.
£31.34
Oxford University Press Criminal Evidence
Book SynopsisRoberts and Zuckerman''s Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman''s Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic sciTrade ReviewFor students studying Bar or solicitors' vocational courses, perhaps encountering the law of evidence for the first time, this is an exemplar of powerful academic writing which proves on every page how exciting, rather than intimidating, turgid and technical, this area of law really is. * Laura Hoyano, Law Society Gazette *Practitioners preparing a complex case or appeal on a point of law, or who want an intellectually stimulating refresher, will enjoy it immensely. The frequent citation of empirical research into the operation of particular evidential rules provide a grounded analysis which practitioners will often recognise. For students studying bar or solicitors vocational courses, perhaps encountering the law of evidence for the first time, this is an exemplar of powerful academic writing. It proves on every page how exciting, rather than intimidating, turgid and technical, this area of law really is. * Laura Hoyano, Law Society *
£999.99
Oxford University Press Foundational Texts in Modern Criminal Law
Book SynopsisFoundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
£44.99
University of California Press Encountering Correctional Populations A Practical Guide for Researchers
Book SynopsisWhile many researchers study offenders and offending, few actually journey into the correctional world to meet offenders face to face. This book offers researchers, practitioners, and students a step-by-step guide to effectively research correctional populations, providing field-tested advice for those studying youth and adults on probation, on parole, and in jails and prisons. The book addresses topics such as how to build rapport with offenders and those who monitor them; how to select from the many types of correctional data that can be collected; how to navigate the informed consent process and maintain research ethics; and how to manage the logistics of doing research. With personal stories, what if scenarios, case studies, and real-world tools like checklists and sample forms, the authors share methods of negotiating the complexities that researchers often face as they work with those behind bars.Table of ContentsList of Illustrations Acknowledgments 1. Introduction 2. Gaining Access to and Building Rapport with Correctional Populations 3. Types of Correctional Data That Can Be Collected 4. Informed Consent Process and Research Ethics 5. Logistics of Doing Research with Correctional Populations Appendix A. Agency Letter of Support Appendix B. Weekly Contact Sheet for Staff with Client Caseloads in the Experimental (SOCP) Group Appendix C. Weekly Contact Code Sheet for Staff with Client Caseloads in the Experimental (SOCP) Group Appendix D. Publically Available Data Sources Appendix E. “Thinking for a Change” Facilitator Peer Rating Form Appendix F. General Informed Consent for Traditional Placements in the Florida Faith and Community-Based Delinquency Treatment Initiative (FCBDTI) Appendix G. Example of Re-Consent for Youths Participating in the Faith and Community-Based Delinquency Treatment Initiative (FCBDTI) Appendix H. Informed Consent Form for Youth Interview Appendix I. Example IRB Protocol Appendix J. Application for a Research Assistant Position References Recommended Further Reading Index
£63.90
Cambridge University Press The Legacy of Ruth Bader Ginsburg
Book SynopsisRuth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different periods in Ginsburg''s career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson.Trade Review'Scott Dodson presents leading scholars' expert perspectives on Ruth Bader Ginsburg's historic legacy and long-term agenda, both of which continue even after she is gone. Dodson's anthology details how RBG's pathmarking legal years shaped this country's policies and laws. Her dedication and forward-thinking will be memorialized in these pages for future generations to learn from.' Rebecca Gibian, journalist and author of The RBG WayFrom the first edition: 'Scott Dodson, the editor of this volume, has brought together an impressive group of law professors, lawyers, historians, and journalists to write about Justice Ruth Bader Ginsburg's legacy.' Barbara Babcock, Stanford Law School, on SCOTUSblogFrom the first edition: 'The Legacy of Ruth Bader Ginsburg artfully chronicles Justice Ginsburg's prolific career and intersperses engaging personal perspectives.' Harvard Law ReviewFrom the first edition: '[A] terrific compilation of essays.' Susan Burgess, Ohio University, in Law & Society ReviewFrom the first edition: 'Now this - this is something that I like.' Justice Ruth Bader Ginsburg, in the New York TimesTable of ContentsPart I. Shaping a Legacy: 1. Notes on a life Nina Totenberg; 2. Ruth Bader Ginsburg: law professor extraordinaire Herma Hill Kay; 3. Before Frontiero there was reed: Ruth Bader Ginsburg and the constitutional transformation of the twentieth century Linda K. Kerber; 4. Struck by stereotype: Ruth Bader Ginsburg on pregnancy discrimination as sex discrimination Neil S. Siegel and Reva B. Siegel; 5. Beyond the tough guise: Justice Ginsburg's reconstructive feminism Joan C. Williams; Part II. Rights and Remedies: 6. 'Seg Academies,' taxes, and judge Ginsburg Stephen B. Cohen; 7. A more perfect union: sex, race, and the VMI case Cary Franklin; 8. Barriers to entry and justice Ginsburg's criminal procedure jurisprudence Lisa Kern Griffin; 9. A liberal justice's limits: Justice Ruth Bader Ginsburg and the American criminal justice system Aziz Z. Huq; Part III. Structuralism: 10. A revolution in jurisdiction Scott Dodson; 11. Ruth Bader Ginsburg and the interaction of legal systems Paul Schiff Berman; 12. The once and future federalist Deborah Jones Merritt; Part IV. The Jurist: 13. Reflections on the confirmation journey of Ruth Bader Ginsburg, summer 1993 Robert A. Katzmann; 14. Justice Ginsburg: demosprudence through dissent Lani Guinier; 15. Oral argument as a bridge between the briefs and the court's opinion Tom Goldstein; 16. Fire and ice: Ruth Bader Ginsburg, the least likely firebrand Dahlia Lithwick; Ginsburg, optimism, and conflict management Scott Dodson; Index.
£23.74
Routledge Law Literature and Violence Against Women
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£999.99
Routledge Neurolaw in the Courtroom
Book Synopsis
£999.99
Cambridge University Press Trials for International Crimes in Asia
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£104.50
Cambridge University Press Prosecutorial Accountability and Victims Rights
Book SynopsisThe responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims'' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.Table of ContentsIntroduction: private prosecution, access to justice, and rule of law; 1. Private prosecution as an accountability tool; 2. Private prosecution as a victim's right in Latin America; 3. David and Goliath: private prosecution in Guatemala; 4. Against oblivion: private prosecution in Chile; 5. Discovering the power of rights: private prosecution in Mexico; Conclusions: prosecutorial accountability and rule of law from below.
£80.09
Morgan James Publishing llc A Toast to Silence: Avoid Becoming Another Victim
Book SynopsisEvery day, police deception tactics fool millions of Americans into giving evidence they don’t have to give, leading to their arrest and conviction in court because they don’t know when and how to take advantage of their absolute constitutional right to remain silent. By the time they hear the Miranda warning, they have already voluntarily given up the evidence the police need to make an arrest by answering questions and taking sobriety tests, and in many cases, they’ve already guaranteed they’ll lose in court. A Toast to Silence focuses on the right time before the Miranda warning to remain silent and not take tests and on the exact word-for-word lies the police cleverly disguise as truths to make people give up evidence—and shows you exactly when and how to use the power of silence to overcome these deceptive tactics for success in court.Table of ContentsPreface PART 1 The Culture of Deception PART II The Great American Con Job PART III A Nation of Talkaholics Who Lose in Court PART IV Leveling the Playing Field Summation About the Author
£12.34
Michigan Legal Publishing Ltd. Michigan Court Rules; 2021 Edition
Book Synopsis
£44.99
West Academic Publishing Learning Criminal Procedure: Investigations -
Book SynopsisLearning Criminal Procedure: Investigations teaches students the law that governs the investigation of criminal cases. The book presents the legal rules directly in plain language. Each topic includes a clear, straightforward description of the binding legal rules, illustrations of how the rules are applied using examples and summaries of cases, and longer excerpts of the leading Supreme Court cases. The book highlights evolving or ambiguous areas of the law, and provides scores of review questions so that students can test their mastery of each issue. The book's authors build on their combined decades of practical experience to explain the law in plain language and explore the policy justifications behind the rules.
£214.40
Springer International Publishing AG Europe in Prisons: Assessing the Impact of
Book SynopsisThis volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology (‘Europe in prisons’) which complements the conventional comparative approach (‘prisons in Europe’). The chapters examine the impact – if any – that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy. Table of Contents1. From Prisons in Europe to Europe in Prisons; Tom Daems & Luc Robert.- 2. Monitoring Prisons: the Increasingly Complex Relationship between International and Domestic Frameworks; Christine Bicknell and Malcolm Evans.- 3. Human rights in European Prisons: Can the Implementation of Strasbourg Court Judgments Influence Penitentiary Reform Domestically?; Dia Anagnostou and Dimitris Skleparis.- 4. Learning from Carceral Tours. Reflections after a Howard Tour across Europe; Tom Vander Beken.- 5. Tracing the Impact of the Council of Europe Anti-Torture Committee on Albania’s Prison System; Brunilda Pali and Xhilda Vocaj.- 6. The Council of Europe Anti-Torture Committee and Prisons in Austria; Ursula Kriebaum.- 7. Europe in Belgian Prisons: Assessing the Impact of the Council of Europe Anti-Torture Committee and the European Court of Human Rights; Tom Daems and Luc Robert.- 8. Europe in Irish Prisons: Not Quite the ‘Good European’; Claire Hamilton.- 9. Best in Class? Norwegian Incarceration and the Pragmatic Production of Legitimacy; Thomas Horn and Thomas Ugelvik.- 10. European Prison Policy and Spanish Prison Practices: Understanding Confluences and Gaps; José Cid and Ariadna Andreu.- 11. Monitoring the Implementation Gap: a Comparative Perspective; Jonas Visschers and Tom Daems.- 12. The Future of Europe in Prisons; Tom Daems & Luc Robert.
£113.99
VDM Verlag Effectiveness of Personal Data Protection
Book Synopsis
£38.64
Picador USA The Faithful Executioner
Book SynopsisTHE EXTRAORDINARY STORY OF A RENAISSANCE-ERA EXECUTIONER AND HIS WORLD, BASED ON A RARE AND OVERLOOKED JOURNAL.In a dusty German bookshop, the noted historian Joel F. Harrington stumbled upon a remarkable document: the journal of a sixteenth-century executioner. The journal gave an account of the 394 people Meister Frantz Schmidt executed, and the hundreds more he tortured, flogged, or disfigured for more than forty-five years in the city of Nuremberg. But the portrait of Schmidt that gradually emerged was not that of a monster. Could a man who practiced such cruelty also be insightful, compassionateeven progressive?In The Faithful Executioner, Harrington teases out the hidden meanings and drama of Schmidt''s journal. Deemed an official outcast, Meister Frantz sought to prove himself worthy of honor and free his children from the stigma of his profession. Harrington uncovers details of Schmidt''s life and work: the shocking, but often familiar, crimes o
£17.00
Cambridge University Press AntiImpunity and the Human Rights Agenda
Book SynopsisIn the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.Trade Review'This is an exceptional edited volume. Whereas most edited volumes, unfortunately, do not go beyond collecting various perspectives on a theme, this book presents a clear argument: the anti-impunity turn in human rights law is not a linear development of progress and can have dangerous consequences. In setting forth these consequences, and analysing alternatives to the modus of criminal justice that the anti-impunity struggle has chosen as its preferred instrument, the book offers avenues towards richer and thicker conceptions and experiences of justice.' Sarah Nouwen, Co-Deputy Director of the Lauterpacht Centre for International Law, University of Cambridge'This is the first sustained analysis of the 'anti-impunity' norm and discourse associated with the human rights movement. At the center of the project is the ambition to make the familiar strange and to expose taken-for-granted assumptions and identifications to critical scrutiny in a way that poses a powerful challenge to norms that frame contemporary international politics and interventions. … This book should be of great interest to a wide audience of scholars and policymakers. It articulates a direct rejoinder to what remains the dominant or conventional view among human rights scholars regarding the anti-impunity norm, while charting the path to a broader debate on the role of the human rights movement more generally.' Bronwyn Leebaw, University of California, Riverside'An urgent question of political strategy drives this extraordinary collection: when should people of good heart embrace the national or international machinery of government, prosecution and punishment? And when should they resist, seek alternate paths to justice, speak truth to the power of the state or the international community? The human rights movement offers a half-century case study, shifting sharply from international calls for 'amnesty' when states abuse their penal authority to a full-bore embrace of criminal punishment and 'no impunity.' To figure out what happened, what worked and what didn't, the editors have curated a discussion among our most reflective and engaged scholars of international law, writing at their best. The result is challenging and surprising: crucial reading for anyone thinking strategically about ethics and global justice.' David Kennedy, Manley O. Hudson Professor of Law, Harvard Law School, Massachusetts'Put simply, the turn to criminal repression of international human rights law is one of the most intriguing global legal developments of the last decades. Anti-Impunity and the Human Rights Agenda not only does a great job of showing how dominant a move this has become, it also spares no effort in showing how contested, ambiguous, productive, and paradoxical that move is. A welcome problematization of what has become one of the great obsessions of our times.' Frédéric Mégret, McGill University, Montréal'They conclude that a laser focus on anti-impunity has created blind spots in both practice and scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.' Law and Social InquiryTable of ContentsIntroduction; Part I. What Does Anti-Impunity Mean?: 1. A genealogy of the criminal turn in human rights Karen Engle; 2. Anti-impunity as deflection of argument Samuel Moyn; 3. Doing history with impunity Vasuki Nesiah; Part II. How and Where Does Anti-Impunity Operate?: 4. The South African Truth Commission and the AZAPO case: a reflection almost two decades later D. M. Davis; 5. Anti-impunity politics in post-genocide Rwanda Zinaida Miller; 6. Whose exceptionalism? Debating the inter-American view on amnesty and the Brazilian case Fabia Fernandes Carvalho Veçoso; 7. The distributive politics of impunity and anti-impunity: lessons from four decades of Colombian peace negotiations Helena Alviar García and Karen Engle; 8. From political repression to torturer impunity: the narrowing of Filártiga v. Peña-Irala Natalie R. Davidson; Part III. Are There Alternatives to Anti-Impunity?: 9. Impunity in a different register: people's tribunals and questions of judgment, law and responsibility Dianne Otto; 10. Beyond Nuremberg: the historical significance of the post-Apartheid transition in South Africa Mahmood Mamdani.
£999.99
V&R Unipress Liberty and Security in Europe: A comparative
Book SynopsisPre-trial Precautionary Measures in Europe
£55.79
Oxford University Press The Machinery of Criminal Justice
Book SynopsisTwo centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers'' and laymen''s incentives, vTrade ReviewIn The Machinery of Criminal Justice, author Stephanos Bibas presents a bold and inspiring vision of what criminal justice and the punishment imposed in its name can and should be about. Criminal justice is ideally the process, and punishment ideally the vehicle, through which wronged and wrongdoer restore the bond they once shared. Restoration, not retribution or deterrence, is the rock upon which Bibas builds." * Stephen P. Garvey, Professor of Law, Cornell Law School *The Machinery of Criminal Justice is an exceptional volume that gives us the big picture on a scholarly subject too often hobbled by technical focus and narrow thinking. Always accessible and always interesting, Bibas asks some hard questions and gives some creative answers. Common morality, lay justice, mercy, re-integrative punishment - these are the issues at the cutting edge of today's crime policy debates, but Bibas shows us that they are also the historical roots of American criminal justice." * Paul H. Robinson, Colin S. Diver Professor of Law, University of Pennsylvania, author, with Michael Cahill, of Law Without Justice *Th[e] embrace of populism as a counterweight to expertise sets Bibas apart. The academics and professionals who work in criminal justice routinely look for ways to insulate criminal punishment from popular passions; they hope to take advantage of specialized professional insights. Bibas offers a bracing challenge to this received expert wisdom." * Ronald Wright, Criminal Law and Criminal Justice Book Review *Through a series of articles spanning more than a decade, Professor Stephanos Bibas has proven himself a bold and penetrating critic of America's system of criminal procedure. His theme has been the gap between the morality embodied in our substantive criminal law and the morality (or, perhaps more accurately, the lack thereof) embodied in our procedural rules and practices. This theme now gets its fullest exposition in his provocative new book, The Machinery of Criminal Justice." * Michael M. O'Hear, University of Pennsylvania Law Review Online *His vision is a powerful one, he defends it with clarity and grace, and every idea he expresses is capable of starting an important conversation." * Andrew Taslitz, Jotwell *Table of ContentsAuthor Biography ; Acknowledgements ; Introduction: The Divergence of Theory, Reality, and Morality ; Overview of the Book ; Themes of the Book ; Chapter I: The Long Drift from Morality Play to Assembly Line ; A. Criminal Justice in the Early American Colonies ; 1. Small-Town Morality ; 2. Lay Justice ; 3. Room for Mercy ; 4. Reintegrative Punishment ; B. Criminal Justice Since the American Revolution ; 1. The Changing Aims of Criminal Justice ; 2. Professionalization ; 3. The Birth of Plea Bargaining ; 4. The Hiding of Punishment Behind Prison Walls ; 5. The Decline of Mercy ; Chapter II: Opaque, Unresponsive Criminal Justice ; A. The Players ; 1. Dominant Insiders, Savvy and Self-Interested ; 2. Excluded Outsiders, Yearning for Justice ; B. The Play of the Game ; 1. Round One: Insiders' Procedural Discretion Shapes the Rules in Action ; 2. Round Two: Outsiders Try to Check Insiders ; 3. Round Three: Insiders' Procedural Discretion Undercuts Reforms ; 4. Round Four: Outsiders, Egged on by Politicians, Take Matters into Their Own Hands ; 5. Round Five: Insiders Circumvent Even <"Mandatory>" Reforms ; C. Costs of the Game ; 1. Clouding the Criminal Law's Substantive Message and Effectiveness ; 2. Undermining Legitimacy and Trust ; 3. Hindering Public Monitoring and Preferences ; D. Defense Lawyers and Defendants' Distrust ; 1. Insider Defense Counsel's Interests and Pressures ; 2. Defendants' Overoptimism and Risk-Taking ; 3. Miscommunication, Mistrust, and Timing ; Chapter III: Denial, Remorse, Apology, and Forgiveness ; A. Denial and Equivocation ; 1. The Use of Pleas by Defendants in Denial ; 2. The Danger of Convicting the Innocent ; 3. The Costs of False Denial and the Value of Confession ; 4. The Value of Trials as Morality Plays ; B. Remorse, Apology, and Forgiveness ; 1. The Irrelevance of Remorse and Apology in Contemporary Criminal Justice ; 2. Crime as a Relational Concept ; 3. Lessons from Noncriminal Contexts: Civil Mediation ; Chapter IV: Whose Voices Belong in Criminal Justice? ; A. The State's Monopoly on Criminal Justice ; B. Incomplete Alternatives to the State's Assembly Line ; 1. Victims' Rights ; 2. Restorative Justice ; 3. Therapeutic Jurisprudence and Problem-Solving Courts ; Chapter V: Popular Moral Discourse Versus Assembly-Line Efficiency ; A. Efficiency Instead of Moral Judgment ; B. Why Not Address Substantive Moral Goals? ; Chapter VI: Returning Power to the Public in a Lawyer-Driven System ; A. Macro-Level Reforms ; 1. From Idle Imprisonment to Work, Accountability, and Reform ; 2. Collateral Consequences and Reentry ; B. Mid-Level Reforms to Include the Public ; 1. Greater Transparency ; 2. Increasing Public Participation ; C. Micro-Level Solutions ; 1. Victim Information and Consultation ; 2. Defendants' Information and Participation ; 3. Restorative Sentencing Juries
£38.94
Oxford University Press Oxford Handbook of Prosecutors and Prosecution
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£142.50
iUniverse LEGAL MINDS Detecting Rogue Police Officers and Other Important Law Enforcement Issues
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£10.67
Amazon Digital Services LLC - Kdp Witness Success
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£13.49
Vanderbilt University Press The Prohibition Era and Policing
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