Criminal procedure Books

Book SynopsisA concise guide to the law of evidence in Scotland

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Book SynopsisIn 100 per cent of criminal trials someone, if not everyone, tells lies. If it wasn't for liars, there wouldn't be trials. When a defendant swears 'to tell the truth, the whole truth and nothing but the truth', most judges and barristers believe their evidence will be 'nothing like the truth'. Who can blame them? During years of exposure to a daily diet of murder and mayhem, lies and liars, they've heard it all before. In Nothing Like the Truth, Nigel Lithman QC provides an entertaining and irreverent insight into life in the criminal courts as barrister, QC and Crown Court judge. Using his experience in true crime, he mixes tales of horror with humour and questions whether it is possible for defendants to get a fair trial.

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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.

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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

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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 *

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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.

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Book SynopsisTainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness.Trade ReviewIn this moving and transformative text, Leigh Gilmore explores the different ways that women's testimonies are made incredible. With patience and care, Gilmore explores how testimonies circulate, how they keep open histories that have yet to be resolved, and how testimonies become tainted because of who as well as what they point to. This insightful book gives testimony a feminist hearing -- Sara Ahmed, author of Living a Feminist Life and Willful Subjects Tainted Witness is an important, relevant, often brilliant book. It further establishes Leigh Gilmore as one of the best critics writing today on the intersection of feminism and life narrative. -- Hillary Chute, author of Disaster Drawn: Visual Witness, Comics, and Documentary Form and Graphic Women: Life Narrative and Contemporary Comics Tainted Witness displays, once more, Leigh Gilmore's remarkable ability to hone in on the most interesting, provocative, or instructive moments in any historical situation or text, and then say memorable and highly useful things about them. -- Craig Howes, director of the Center for Biographical Research and professor of English, University of Hawai'i at Manoa Rarely does an academic book address its moment so precisely as Tainted Witness... An important and timely book. If ever we needed evidence that the work of feminism is not yet done, this is it. Times Higher Education Tainted Witness doesn't just look at what's broken about how we view women's testimony. It also examines how women can work toward "distributing doubt" and ultimately arrive at true justice, making this essential reading for women living under a president who publicly professed sexual assault and faced no consequences. Rumpus Tainted Witness is a timely and necessary defense of the women whose voices are so often drowned out or shouted on. Washington PostTable of ContentsAcknowledgments Introduction: Tainted Witness in Testimonial Networks 1. Anita Hill, Clarence Thomas, and the Search for an Adequate Witness 2. Jurisdictions and Testimonial Networks: Rigoberta Menchu 3. Neoliberal Life Narrative: From Testimony to Self-Help 4. Witness by Proxy: Girls in Humanitarian Storytelling 5. Tainted Witness in Law and Literature: Nafissatou Diallo and Jamaica Kincaid Conclusion: Testimonial Publics-#BlackLivesMatter and Claudia Rankine's Citizen Notes Bibliography Index

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Book SynopsisTainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness.Trade ReviewIn this moving and transformative text, Leigh Gilmore explores the different ways that women's testimonies are made incredible. With patience and care, Gilmore explores how testimonies circulate, how they keep open histories that have yet to be resolved, and how testimonies become tainted because of who as well as what they point to. This insightful book gives testimony a feminist hearing -- Sara Ahmed, author of Living a Feminist Life and Willful SubjectsTainted Witness is an important, relevant, often brilliant book. It further establishes Leigh Gilmore as one of the best critics writing today on the intersection of feminism and life narrative. -- Hillary Chute, author of Disaster Drawn: Visual Witness, Comics, and Documentary Form and Graphic Women: Life Narrative and Contemporary ComicsTainted Witness displays, once more, Leigh Gilmore's remarkable ability to hone in on the most interesting, provocative, or instructive moments in any historical situation or text, and then say memorable and highly useful things about them. -- Craig Howes, director of the Center for Biographical Research and professor of English, University of Hawai'i at ManoaRarely does an academic book address its moment so precisely as Tainted Witness.... An important and timely book. If ever we needed evidence that the work of feminism is not yet done, this is it. * Times Higher Education *Tainted Witness doesn't just look at what's broken about how we view women's testimony. It also examines how women can work toward "distributing doubt" and ultimately arrive at true justice, making this essential reading for women living under a president who publicly professed sexual assault and faced no consequences. * Rumpus *Tainted Witness is a timely and necessary defense of the women whose voices are so often drowned out or shouted down. * Washington Post *A highly original and precise account of contemporary cultural politics surrounding women's testimony that offers new perspectives on a set of important case studies and significant cultural moments. * Social and Legal Studies *A very provocative and well-grounded work that deserves considerable attention. * Choice *An important work. * Resources for Gender and Women Studies *The book’s import for the current and future field of auto/biography studies cannot be overestimated. Gilmore puts her finger on several of the most important, deeply intertwined questions about justice and about genre/form/mediation that we now face as interdisciplinary scholars of life writing and media. * Biography *Table of ContentsPreface to the Paperback EditionAcknowledgmentsIntroduction: Tainted Witness in Testimonial Networks1. Anita Hill, Clarence Thomas, and the Search for an Adequate Witness2. Jurisdictions and Testimonial Networks: Rigoberta Menchú3. Neoliberal Life Narrative: From Testimony to Self-Help4. Witness by Proxy: Girls in Humanitarian Storytelling5. Tainted Witness in Law and Literature: Nafissatou Diallo and Jamaica KincaidConclusion: Testimonial Publics—#BlackLivesMatter and Claudia Rankine's CitizenNotesBibliographyIndex

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Book SynopsisMigration, borders, cybersecurity, natural disasters, and terrorism: Homeland security is constantly in the news. Ben Rohrbaugh, a former border security director at the National Security Council, cuts through the noise to provide an accessible framework to understand both homeland security and the thinking around how to keep civilians safe.

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Book SynopsisProvides an accessible and novel framework to understand both US homeland security and the thinking around how to keep civilians safe. The book makes innovative arguments about the American government and keeping citizens safe, and provides practical solutions to real-world problems.Trade Review“A thorough and comprehensive analysis of homeland security in the U.S., both from a conceptual standpoint and from an operational standpoint. Rohrbaugh makes homeland security issues more approachable and understandable.” —Laurie Trautman, Director of the Border Policy Research Institute, Western Washington University “Part memoir, part policy analysis, Rohrbaugh provides a compelling look at the homeland security enterprise spanning the country . . . More or Less Afraid of Nearly Everything should be of interest to general readers interested in current events, public policy practitioners as well as undergraduates and graduate students who aspire to become government officials or policy analysts.” —Rey Koslowksi, University at Albany, State University of New York

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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

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Book SynopsisIn recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine practice, but how it came to be so remains in question. Fifty years ago, imprisonment of a person until death was an extraordinary punishment; today, it accounts for the sentences of an increasing number of prisoners in the United States. What explains the shifts in penal practice and social imagination by which we have become accustomed to imprisoning people until death without any reevaluation or expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long.Trade Review"Seeds does a masterful job of busting the myth of how [life without parole] replaced the death penalty." * Criminal Law and Criminal Justice Books *"Christopher Seeds’ Death by Prison is a comprehensive and compelling origin story of a sentence that is a crime against human decency. . . . This book is essential reading for all students of crime and punishment." * Social Forces *Table of ContentsContents Introduction Part I Foundations 1. Perpetual Penal Confinement 2. Precursor and Prototype 3. The Phenomenon to Be Explained Part II Eruptions 4. The Complex Role of Death Penalty Abolition 5. The Collapse of a Penal Paradigm 6. Governors and Prisoners Part III Adaptation and Solidification 7. The US Supreme Court’s Ambivalent Crafting of LWOP 8. Abolition and the Alternative 9. Life Prisoners, Lifetime Prisons Conclusion Acknowledgments Notes Bibliography Index

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Book SynopsisIn recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine practice, but how it came to be so remains in question. Fifty years ago, imprisonment of a person until death was an extraordinary punishment; today, it accounts for the sentences of an increasing number of prisoners in the United States. What explains the shifts in penal practice and social imagination by which we have become accustomed to imprisoning people until death without any reevaluation or expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long.Trade Review"Seeds does a masterful job of busting the myth of how [life without parole] replaced the death penalty." * Criminal Law and Criminal Justice Books *"Christopher Seeds’ Death by Prison is a comprehensive and compelling origin story of a sentence that is a crime against human decency. . . . This book is essential reading for all students of crime and punishment." * Social Forces *Table of ContentsContents Introduction Part I Foundations 1. Perpetual Penal Confinement 2. Precursor and Prototype 3. The Phenomenon to Be Explained Part II Eruptions 4. The Complex Role of Death Penalty Abolition 5. The Collapse of a Penal Paradigm 6. Governors and Prisoners Part III Adaptation and Solidification 7. The US Supreme Court’s Ambivalent Crafting of LWOP 8. Abolition and the Alternative 9. Life Prisoners, Lifetime Prisons Conclusion Acknowledgments Notes Bibliography Index

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Book SynopsisThe kinds of punishment used in a society have been considered an important criterion in judging whether a society is civilized or barbaric, advanced or backward, modern or premodern. This title asks how such distinctions have affected our understanding of the past and contributed to the proliferation of kinds of barbarity in the modern world.Trade Review"This is a tour-de-force study... Lucid, delightful to read, yet theoretically sophisticated, this is one of the best books on the Tokugawa-Meiji transition in many years."--Mark Ravina, Journal of Asian Studies "[A] lasting contribution to understanding a subject that many historians of Japan have talked about but few have explored... This is an outstanding social history, richly detailed and insightful, that deserves a wide readership."--Michael Lewis, American Historical Review "In this fine book Daniel Botsman uses an examination of punishment to argue that imperialism helped to constitute state power in modern Japan. The book also does much more. It explains the relationship between state power and punishment in Japan from the early Tokugawa period to the end of the nineteenth century, and is accessible and based on an impressive mastery of primary and secondary source material."--Robert Eskildsen, Pacific Affairs "Botsman sets a high standard of research and analysis... [T]his book is outstanding."--Geoffrey C. Gunn, Journal of Contemporary Asia "In this impressive volume, Daniel V. Botsman details the history of Japanese punishment and penal reform in the early modern and modern periods... In his view, Japanese penal reform should be interpreted as an example of how external forces--in this case, Western imperialism and the desire for treaty revision--were integral to the formation of modern Japan, rather than such vague notions as 'civilization' and 'progress.'"--Choice "Botsman's book tries to move past the tendency to see punishment in Tokugawa Japan as harsh and barbaric, or 'uncivilized'. Without denying the ferocity of Tokugawa penal practices, he argues that these were part of a sophisticated system of order that had internal limits and was not simply arbitrary."--F.G. Notehelfer, International History Review "The penal system and methods of punishment employed by any government have less to do with suppressing crime than with bolstering its authority and enhancing its vision of itself, as Daniel V. Botsman ably demonstrates in this path-breaking study."--Anne Walthall, The Historian "This is a superb book on a subject of enormous importance--namely, prisons and punishment in Japan from the Tokugawa period (1600-1867) through the beginning of the twentieth century... [The book has] sweeping scope, ambition, conceptual sophistication, and intellectual force... [A]lthough the book is erudite and theoretically sophisticated, it is written in a very clear and accessible manner, ensuring that it can be read with much profit by advanced undergraduates as well as scholars and graduate students inside and outside of Japanese studies."--Takashi Fujitani, Harvard Journal of Asiatic StudiesTable of ContentsList of Illustrations ix Acknowledgments xi Abbreviations xv INTRODUCTION 1 CHAPTER 1: Signs of Order: Punishment and Power in the Shogun's Capital 14 CHAPTER 2: Bloody Benevolence: Punishment, Ideology, and Outcasts 41 CHAPTER 3: The Power of Status: Kodenmacho Jailhouse and the Structures of Tokugawa Society 59 CHAPTER 4: Discourse, Dynamism, and Disorder: The Historical Significance of the Edo Stockade for Laborers 85 CHAPTER 5: Punishment and the Politics of Civilization in Bakumatsu Japan 115 CHAPTER 6: Restoration and Reform: The Birth of the Prison in Japan 141 CHAPTER 7: Punishment and Prisons in the Era of Enlightenment 165 CONCLUSION: Punishment, Empire, and History in the Making of Modern Japan 201 Notes 231 Bibliography 281 Index 303

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Book SynopsisChanging of the Guards is the first comprehensive assessment of how for- and not-for-profit private organizations are reshaping Canadian criminal justice processes and outcomes.Table of ContentsForeword: Privatization of Criminal Justice: Emotional, Intellectual, and Political Responses / Adam WhiteIntroduction: Canadian Perspectives on Private Influences and Privatization in Criminal Justice / Alex Luscombe, Kevin Walby, and Derek SilvaPart 1: Private Provision and Purchase of Security1 Police, Private Security, and Institutional Isomorphism / Massimiliano Mulone2 Private Policing of Images in Canada / Steven Kohm3 Postsecondary Security in the Canadian Context / Erin Gibbs Van BrunschotPart 2: Private Actors in City Spaces and Surveillance4 Policing Canadian Smart Cities: Technology, Race, and Private Influence in Canadian Law Enforcement / Jamie Duncan and Daniella Barreto5 Platforms and Privatizing Lines: Business Improvement Areas, Municipal Apps, and the Marketization of Public Service / Debra MackinnonPart 3: Private Influences and Privatization in Courts, Prisons, and Jails6 Private Risk Assessment Instruments and Artificial Intelligence in Canada’s Criminal Justice System / Nicholas Pope and Rebecca Jaremko Bromwich7 The Implications of Food Privatization in Jails: A Case Study of the Ottawa-Carleton Detention Centre / Kaitlin MacKenzie8 Shape Shifting: The Penal Voluntary Sector and the Governance of Domestic Violence / Rashmee SinghPart 4: Private Actors in National Security and Border Control9 Where Public Meets Private: Evidence of an Emerging “Industrial-Espionage Complex” in Canada / Alex Luscombe10 The Role of Privatization in Canada’s Immigration Detention Centres / Jona Zyfi and Audrey MacklinPostscript: Privatization Cultures and the Racial Order: A Dispatch from the United States / Torin MonahanIndex

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Book SynopsisProvides a sustained examination and analysis of the factors that lead juries to find defendants "not guilty"Trade ReviewExcellent acquisition for criminal justice, law, and crime collections. Summing up: highly recommended. All readership levels. -- D. Schultz, Hamline University * Choice *In their terrific if misleadingly titled new book, Not Guilty: Are the Acquitted Innocent?, Daniel Givelber and Amy Farrell ask a practically unanswerable question: how many defendants who are acquitted at trial are actually innocent?... it is immensely valuable for the close look it provides at what we know, and can know, about the correctness of jury verdicts. -- Darryl K. Brown * Criminal Law and Criminal Justice Books *This interdisciplinary scholarship between law and a social science is sorely needed in the United States and I hope Givelber and Farrell have begun a trend that is so well established in other countries such as Germany and England. The authors are to be commended for writing a book that is thought provoking and vitally important in understand an ignored area of our justice system. -- Robert Costello * Social and Legal Studies *An acquittal is the most powerful and final of legal judgments. It may not be reviewed let alone reversed. It is also, perhaps, the least respected. After a criminal defendant has been convicted, prosecutors and judges often resist efforts to reconsider the verdict, even in the face of strong new evidence of innocence, because & the jury has spoken. When a defendant is acquitted they are as likely say & that doesnt mean hes innocent.In Not Guilty Daniel Givelber and Amy Farrell explore this anomaly.Givelber and Farrell make a persuasive case that most jury acquittals are based on evidence not emotion, and that acquittals should be taken to mean what they say: that the defendant is Not Guilty. -- Samuel Gross,co-author of A Modern Approach to Evidence: Text, Problems, Transcripts, and CasesDaniel Givelber and Amy Farrell have written a brilliant book that masterfully debunks the conventional wisdom that those who are charged with crimes in our criminal justice system, even when they are acquitted at trial, are almost certainly guilty. Drawing on extensive empirical research, this book systematically analyzes the sources of judge-jury disagreement about leniency and acquittals. This book challenges us to rethink our assumptions about the meaning of an acquittal in a system that asymmetrically treats & guilty verdicts as factual but & not guilty verdicts are merely procedural. It also exposes how false assumptions about the probable guilt of the acquitted contribute to miscarriages of justice. This is a book that anyone interested in the accuracy and fairness of the criminal justice system should read. It is a data-driven tour de force. -- Richard A. Leo,author of Police Interrogation and American JusticeThis book is powerful, strong, and convincing. It is written at a level that undergraduates can understand and it avoids arcane academic language so that the book can be read and understood by practitioners, academics, and the general public...The book is quite informative, but it is also succinct and can be read quickly and easily. This book is likely to inform our understanding of jury behavior and of the nature of acquittals for years to come. * Crime Law and Social Change *Table of ContentsIntroduction: Invisible Innocence 2 Judge and Jury Decisions to Acquit: What We Know from Social Science Research 3 Screening for Innocence 4 Understanding Why Judges and Juries Disagree about Criminal Case Outcomes: Are Jury Verdicts an Expression of Sentiment? 5 Th e Defense Case 6 Th e Impact of Race on Judge and Jury Decision Making 7 Conclusion Appendix A Appendix B Appendix C Notes Bibliography Index About the Author

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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

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Book SynopsisThe emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure.Trade Review‘Professor Carter, Judge Pocar and the individual authors of ICP have made an important contribution to international justice by blending many of the challenges of crafting the right international criminal procedures into a single, useful volume .’ -- Dan Saxon, The Cambridge Law Journal‘International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.’ -- Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law‘This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.’ -- Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for RwandaTable of ContentsContents: Preface 1. The Challenge of Shaping Procedures in International Criminal Courts Fausto Pocar and Linda Carter 2. Plea Bargaining Jenia Iontcheva Turner 3. Witness Proofing Hannah Garry 4. Written and Oral Evidence Guido Acquaviva 5. Self-representation and the Use of Assigned, Standby and Amicus Counsel Charles Chernor Jalloh 6. The Role of Victims Sigall Horovitz 7. Right to Appeal Magali Maystre Index

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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.

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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.

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Book SynopsisFrom a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it. When Americans think of the criminal justice system, the image that comes to mind is a trial—a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It’s a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It’s supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn’t be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition aTrade ReviewAnyone interested in criminal justice reform needs to understand plea bargaining because it is responsible for so much of what is wrong with how criminal law is administered in America. Carissa Byrne Hessick carefully and objectively analyzes all of plea bargaining's shortcomings and offers realistic solutions to curb its abuses. This book is a must-read for anyone who wants to tackle mass incarceration, by one of the country's most thoughtful scholars. -- Rachel E. Barkow * author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration *With sound logic, empirical evidence, and appeals to our sense of justice, Carissa Hessick makes an urgent case to fix a problem unknown to much of the public. Plea bargaining may seem innocuous enough, particularly when it's used in individual cases. But the practice has become so pervasive that most prosecutors, judges, and defense attorneys can't imagine the system functioning without it. In calm, thorough, and authoritative prose, Hessick explains how this dependence on adjudicating cases without trial corrupts the core values we associate with a fair justice system. With illustrative anecdotes backed by hard data, Hessick explains how overreliance on the plea bargain has chipped away at the presumption of innocence, punishes those who exercise their constitutional right to a fair trial, and obscures prosecutor and police misconduct. -- Radley Balko * Washington Post award-winning journalist and author of Rise of the Warrior Cop *

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Book SynopsisIs drug addiction a disease that can be treated, or is it a crime that should be punished? In her probing study, Illness or Deviance?, Jennifer Murphy investigates the various perspectives on addiction, and how society has myriad ways of handling itincarcerating some drug users while putting others in treatment. Illness or Deviance? highlights the confusion and contradictions about labeling addiction. Murphy's fieldwork in a drug court and an outpatient drug treatment facility yields fascinating insights, such as how courts and treatment centers both enforce the disease label of addiction, yet their management tactics overlap treatment with therapeutic punishment. The addict label is a result not just of using drugs, but also of being a part of the drug lifestyle, by selling drugs. In addition, Murphy observes that drug courts and treatment facilities benefit economically from their cooperation, creating a very powerful institutional arrangement. Murphy contextualizes her findingsTable of ContentsAcknowledgments1 Drug Addiction: Illness or Deviance?2 Historic Tensions and the Development of Drug Treatment and Policy3 The Overlap of Clinical and Legal Authorities: Capital City’s Drug Court4 Labeling Addiction in Outpatient Treatment: Southside and Westview Programs 5 Managing Illness and Deviance: Therapeutic Punishment 6 Conclusion: Reducing StigmaAppendix: Methods and PerspectiveNotes References Index

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Book SynopsisExamines the hidden use of non-judicial officers in the criminal justice systemTrade Review“The issues of nonjudges making judicial decisions are, as the lead chapter of this indispensable collection tells us, hiding in plain view. These masterful essays place a therapeutic jurisprudence lens on issues that permeate the criminal justice, mental disability law, and family law systems, and demonstrate clearly how we fail when we outsource so many of the issues that are covered here. Justice Outsourced is a comprehensive and welcome—and necessary—addition to the transitional justice literature.”—David B. Wexler, Professor of Law at the University of Puerto Rico and Distinguished Research Professor of Law at the University of Arizona“Justice Outsourced provides a powerful critique of the forensic mental health system from the theoretical perspective of therapeutic jurisprudence. Central to this critique is the likely unknown fact that far too many legal decisions affecting this population are made by nonlegal authorities, whose decisions at times are at odds with the sentencing judge adjudicating these cases. Justice Outsourced is the first text of its kind to explore the implications of these questionable administrative practices. It is a must-read.”—David Polizzi, Professor at Indiana State University

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Book SynopsisExamines the hidden use of non-judicial officers in the criminal justice systemTrade Review“The issues of nonjudges making judicial decisions are, as the lead chapter of this indispensable collection tells us, hiding in plain view. These masterful essays place a therapeutic jurisprudence lens on issues that permeate the criminal justice, mental disability law, and family law systems, and demonstrate clearly how we fail when we outsource so many of the issues that are covered here. Justice Outsourced is a comprehensive and welcome—and necessary—addition to the transitional justice literature.”—David B. Wexler, Professor of Law at the University of Puerto Rico and Distinguished Research Professor of Law at the University of Arizona“Justice Outsourced provides a powerful critique of the forensic mental health system from the theoretical perspective of therapeutic jurisprudence. Central to this critique is the likely unknown fact that far too many legal decisions affecting this population are made by nonlegal authorities, whose decisions at times are at odds with the sentencing judge adjudicating these cases. Justice Outsourced is the first text of its kind to explore the implications of these questionable administrative practices. It is a must-read.”—David Polizzi, Professor at Indiana State University

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Book SynopsisThe gripping true story of the first judicial murder of the 20th century is delivered in stunning detail, from the crooks and crevices of the city streets and courthouses, to the very fibers of the hangmans noose. The murder of the newly elected District Attorney J. Ward Gurley sent shock waves through the city of New Orleans not only because of the brutal and brazen nature of the killing, but because the suspects name had previously been in the city newspapers. The journey of Lewis Lyons from working family man to the cold-blooded killer of his own attorney is a heartbreaking saga that begins with a tragic miscarriage of justice concerning a stolen diamond stud.

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Book SynopsisThis book gathers leading experts in the field to analyse the recent, major changes in Scots criminal evidence law. The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused s previous convictions, the Crown s duty of disclosure and corroboration.

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Book SynopsisThis book gathers leading experts in the field to analyse the recent, major changes in Scots criminal evidence law. The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused's previous convictions, the Crown's duty of disclosure and corroboration.

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Book SynopsisOffers a new understanding of jailhouse informants and the role they play in wrongful convictions Jailhouse informantswitnesses who testify in a criminal trial, often in exchange for some incentiveare particularly persuasive to jurors. A jailhouse informant usually claims to have heard the defendant confess to a crime while they were incarcerated together. Research shows that such testimony increases the likelihood of a guilty verdict. But it is also a leading contributor to wrongful convictions. Informants, after all, are generally criminals who are offering testimony in return for some key motivator, such as a reduced sentence. This book offers a broad overview of the history and legal and psychological issues surrounding the testimony of jailhouse informants. It provides groundbreaking psychological research to address how they are used, the number of convictions that have ultimately been overturned on other evidence, how such informants are perceived in the courtroom, and by what mTrade ReviewA unique and important contribution to the field of forensic psychology. -- Brian Cutler, editor of Expert Testimony on the Psychology of Eyewitness IdentificationWonderfully written and fills in many gaps in the literature with regard to cooperating witnesses. A must read for those interested in forensic psychology and in the enduring work of creating a more effective justice system. -- Deah Quinlivan, Florida Southern CollegeNeuschatz and Golding offer a broad overview of the history and legal and psychological issues surrounding the testimony of jailhouse informants in the United States. * Law and Social Inquiry *Incentivizing jailhouse information is one of several themes in the book as the authors draw together research on deception, confessions, testimony, witnesses, and jurors…In the context of recent public pressure to examine and combat racial injustice in the criminal justice system, this book is a valuable contribution to forensic psychology. * Choice *Neuschatz and Golding do an outstanding job explaining the issues, the existing research and legislation shortfall, and the psychological theories that drive jailhouse informants, criminal justice practitioners, and jurors. This text is truly a must-read and is written so that anyone can easily absorb and immediately use the information provided by the authors to improve the way jailhouse informants are used. -- Journal of Police and Criminal Psychology * Journal of Police and Criminal Psychology *

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Book SynopsisOffers a new understanding of jailhouse informants and the role they play in wrongful convictions Jailhouse informantswitnesses who testify in a criminal trial, often in exchange for some incentiveare particularly persuasive to jurors. A jailhouse informant usually claims to have heard the defendant confess to a crime while they were incarcerated together. Research shows that such testimony increases the likelihood of a guilty verdict. But it is also a leading contributor to wrongful convictions. Informants, after all, are generally criminals who are offering testimony in return for some key motivator, such as a reduced sentence. This book offers a broad overview of the history and legal and psychological issues surrounding the testimony of jailhouse informants. It provides groundbreaking psychological research to address how they are used, the number of convictions that have ultimately been overturned on other evidence, how such informants are perceived in the courtroom, and by what mTrade ReviewA unique and important contribution to the field of forensic psychology. -- Brian Cutler, editor of Expert Testimony on the Psychology of Eyewitness IdentificationWonderfully written and fills in many gaps in the literature with regard to cooperating witnesses. A must read for those interested in forensic psychology and in the enduring work of creating a more effective justice system. -- Deah Quinlivan, Florida Southern CollegeNeuschatz and Golding offer a broad overview of the history and legal and psychological issues surrounding the testimony of jailhouse informants in the United States. * Law and Social Inquiry *Incentivizing jailhouse information is one of several themes in the book as the authors draw together research on deception, confessions, testimony, witnesses, and jurors…In the context of recent public pressure to examine and combat racial injustice in the criminal justice system, this book is a valuable contribution to forensic psychology. * Choice *Neuschatz and Golding do an outstanding job explaining the issues, the existing research and legislation shortfall, and the psychological theories that drive jailhouse informants, criminal justice practitioners, and jurors. This text is truly a must-read and is written so that anyone can easily absorb and immediately use the information provided by the authors to improve the way jailhouse informants are used. -- Journal of Police and Criminal Psychology * Journal of Police and Criminal Psychology *

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Book SynopsisJuveniles possess less maturity, intelligence, and competence than adults, heightening their vulnerability in the justice system. For this reason, states try juveniles in separate courts and use different sentencing standards than for adults. This book offers the report of what actually happens when police question juveniles.Trade ReviewA rich blend of top-notch empirical scholarship and doctrinal analysis, Feld's book is a significant contribution to our understanding of the dynamics of police interrogationsand a major step forward in achieving justice for juveniles . . . an empirical tour de force. -- Daniel S. Medwed * Criminal Law and Social Change *A well written and concise account that contributes constitutional measures afforded to youth. -- Patrick Webb * International Criminal Justice Review *Feld has done a masterful job of presenting the realities of the interrogation room to the reader. This work is important to scholars of all persuasions who seek to better understand the unique plight of juveniles faced with the inherently coercive circumstances involved in police questioning. The book is well-written and capably blends research-based observations with the perceptions of police and other legal actors. This combined perspective provides the reader with a unique appreciation of a system which often functions far from public view. -- Lisa S. Nored and Caitlin Carey * CLCJ Books *Investigatory questioning by law enforcement is understood to involve an unequal balance of power with an intrinsic opportunity for abuse. For this reason, Miranda warning rights and other constitutional protections exist in the United States. Nevertheless, Feld (law, Univ. of Minnesota; Juvenile Justice Administration in a Nutshell) warns in his latest book that these legal protections have failed miserably, particularly when juveniles are involved. Feld cautions that juvenile interrogations are ripe for inquisitorial abuse owing, first, to juveniles' incompetence to exercise their Miranda rights effectively; second, to police officers' skill in using psychological tools to gain a waiver; and third, to judicial inability to supervise interrogations as they happen. His research reveals that juvenile interrogation tactics and procedures have resulted in various injustices including the proliferation of false confessions. Feld also offers solutions, including the simple one of recording all custodial interrogations for possible review. Verdict: Recommended. Judges and attorneys as well as law enforcement agencies and juvenile advocates will find this book useful as they work toward the goal of fair treatment and justice for juveniles, both guilty and innocent. -- Reba Kennedy, San Antonio * Library Journal *Feld offers a dispassionate inside view of a social event that is largely hiddenthe interrogation room encountered by juvenile suspects. The result challenges our stereotypes, exposing us to crime investigators at their best and worst, kids at their most naïve and savvy, and policies that were meant to protect juveniles but sometimes grease the wheels for interrogators. This book offers new hypotheses for further research, as well as realities that reformers must take into account when forging better laws, policies and practices for police interrogation of young people. -- Thomas Grisso,author of Evaluating Juveniles' Adjudicative CompetenceFeld takes us on a fascinating journey into that most private of public placesthe precinct interrogation room. There, kids prove no match for cops. Feld shows how minors are especially vulnerable, and why the protections we afford to adults do not suffice for kids, particularly younger juveniles. Kids, Cops, and Confessions is a careful and important account of our system, chock full of insights. -- Charles Weisselberg,Shannon C. Turner Professor at the University of California, Berkeley School of LawFeld has produced an invaluable exploration into how the criminal justice system really works. . . . A resource for researchers and professionals that want an insider perspective or conduct additional research studies on the interrogation of juveniles. * Journal of Youth and Adolescence *The author's detailed, rare and invaluable look inside the concealed confines of the interrogation room provides a compelling impetus for change. * LA Daily Journal *University of Minnesota Law School Professor Barry Feld's book Kids, Cops, and Confessions: Inside the Interrogation Room was highlighted in research sponsored by the National Science Foundation. The NSF stated, 'The findings, published in 'Kids, Cops, and Confessions: Inside the Interrogation Room,' will aid police departments, juvenile and criminal defense attorneys, state legislatures and judicial law-reform commissions in developing better policies to regulate interrogation practices and provide social scientists with a template to repeat the study in other jurisdictions.' * Minnesota Lawyer *Table of ContentsAcknowledgments Introduction 1. Interrogating Criminal Suspects: Law on the Books and Law in Action 2. Questioning Juveniles: Law and Developmental Psychology3. To Waive or Not to Waive: That Is the Question 4. Police Interrogation: On the Record 5. Juveniles Respond to Interrogation: Outcomes and Consequences 6. Justice by Geography: Context, Race, and Confessions 7. True and False Confessions: Different Outcomes, Different Processes 8. Policy Reforms Appendix 1: Data and Methodology Appendix 2: Where the Girls Are Notes References Index About the Author

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Book SynopsisProposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people. The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent peopleTrade Review"Featuring compelling analysis and exceptional scholarship, The Plea of Innocence illustrates how the justice system can be revised to protect innocent people from conviction. Few books could be more important or timely." -- Brian Levin, California State University, San Bernardino"Worthy of full consideration by legal scholars and anyone with an interest in justice for those who are innocent." -- Ros Burnett, University of Oxford"A timely and important contribution. As calls for reforming the justice system increasingly enter into the public sphere, Bakken offers a compelling path forward, one that is both possible and revolutionary." -- Marvin Zalman, Wayne State University"Remarkable and convincing. The book is well-written, thoroughly researched and enjoyable to read. It is a rethinking of the criminal law that everyone involved in the criminal justice system should read and contemplate." -- John Hill * The Lawyer's Daily *

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Book SynopsisWinner, 2019 Outstanding Book Award, given by the American Society of Criminology's Division of Policing SectionThe first in-depth history and analysis of a much-abused policing policyNo policing tactic has been more controversial than stop and frisk, whereby police officers stop, question and frisk ordinary citizens, who they may view as potential suspects, on the streets. As Michael White and Hank Fradella show in Stop and Frisk, the first authoritative history and analysis of this tactic, there is a disconnect between our everyday understanding and the historical and legal foundations for this policing strategy. First ruled constitutional in 1968, stop and frisk would go on to become a central tactic of modern day policing, particularly by the New York City Police Department. By 2011 the NYPD recorded 685,000 stop-question-and-frisk' interactions with citizens; yet, in 2013, a landmark decision ruled that the police had over- and mis-used this tactic. Stop and Frisk tells the story Trade Review"[A] critical but balanced examination of [stop-and-frisk], offers a basis for judging whether Trump or Clinton has the better arguments, and charts a way forward...[T]hey also insist, rightly, that when properly regulated, stop-and-frisk is an important tool in the police officer's arsenal. They want to mend it, not end it." * The Washington Post *"Stop and Frisktakes the most balanced perspective in weighing SQF policings benefits and social costs." * Polar Journal *"White and Fradella...broach the topic of the use of stop and frisk as a widespread crime-control strategy leading to the violation of constitutional rights of minorities...Recommended." * Library Journal *"Stop and Frisk brings together a considerable volume of previously scattered history, research, theory and commentary on a specific form of police misconduct. In doing so, the authors offer up a treatment of the topic that should be of interest to practitioners and scholars alike." -- Victor E. Kappeler,author of Community Policing"An uncompromising look at the racist legacies that haunt the contemporary police use of stop and frisk. The authors make a compelling case for why essential constitutional values like dignity are the key to restoring the legitimacy of policing in the 21st century." -- Jonathan Simon,author of Governing through Crime"The most comprehensive discussion of the topic to date.White and Fradella offer plausible recommendations for reining in this contentious police practice that promises public safety, but in some communities, has replaced fear of crime with fear of the police." -- Delores Jones-Brown,co-author of Policing and Minority Communities"This compelling book provides an insightful legal-historical genealogy of the practice of stop and frisk. White and Fradella provide solid recommendations for police departments to implement in order to reduce racial profiling and harassment." -- Victor Rios,author of Punished

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Book SynopsisA reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual's imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores tTrade Review"An interesting question is whether history can truly prove anything about the validity of an individual court decision today, even if common-law practice is based on precedents. We know of a number of “precedents” once set by the Supreme Court that have since been overturned by that same Court because the common American understanding of decent social norms has changed over time. Be that as it may, Eric M. Freedman narrates dozens of cases since the colonial era, some in considerable detail, as related to habeas corpus or to a number of other legal proceedings by which the legality of detentions by local and government officials have been protested, prosecuted, and occasionally rejected in court, with fines levied." * Journal of American History *"Focusing on the early history of habeas, and bringing it into dialogue with contemporary struggles, [Freedman] recaptures a lost history of legal remedies that functioned to free aggrieved individuals from the states coercive power." * Tulsa Law Review *"Eric M. Freedman is one of the most important legal thinkers in the area of habeas corpus, and this book reaffirms that status. Keeping one foot in the present and the other firmly planted in the past, Freedman shows how, without the perspective of history, modern jurisprudence can and does go wrong. A compelling reformulation of our understanding of habeas based on extensive historical research." -- Austin Sarat,William Nelson Cromwell Professor Of Jurisprudence & Political Science, Amherst College"Grounding his position in astonishing archival research, Professor Freedman provides a definitive account of habeas corpus as function rather than form. Freedman shows that the legal world in which the Framers of the Federal Constitution enshrined the habeas privilege embraced a collection of practices to check the States power to imprison its subjects. In an age when governments have become increasingly punitive, Freedmans comprehensive and readable work provides timely support for the liberty-protecting function of judges." -- Lee Kovarsky,Professor of Law, University of Maryland Carey Law School"This impressive work of scholarship by one of the leading national experts on habeas corpus draws deeply on history to expand and enrich the modern understanding of the writ. The book is an invaluable resource for legal scholars, the judiciary, and the practicing bar. Its insights will almost certainly surprisereaders, just as they have surprised and informed us notwithstanding our long immersion in the topic." -- Randy Hertz and James S. Liebman, co-authors,Federal Habeas Corpus Practice and Procedure * (LexisNexis 7th ed. & annual supplements) *"Professor Eric Freedman has written a wonderful book explaining the historical and contemporary importance of habeas corpus in protecting liberty. The book is original in its research and also in its analysis, as Professor Freedman explains the role of habeas corpus in a system of checks and balances. This clearly written, thorough examination of habeas corpus is an important contribution to the literature of constitutional law, criminal procedure, and federal jurisdiction." -- Erwin Chemerinsky,Dean and Jesse H. Choper Distinguished Professor, University of California, Berkeley Law School"Professor Eric Freedman charts a new habeas path: one that goes both backward and forward... Freedman uncovers a largely ignored history of habeas corpus. Armed with this broader understanding of habeas’s past... judges and scholars will be better equipped to chart its future." * Harvard Law Review *"As Professor Freedman demonstrates, sometimes judges do not ignore history to reach their goal—they rewrite it." * Westlaw *

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Book SynopsisGood Judgment, based upon the author''s experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are noTrade Review"Good Judgment: Making Judicial Decisions, by the Canadian jurist and legal academic Robert J. Sharpe, represents a refreshing and deeply thoughtful departure from binary arguments about how and why judges make decisions." -- U.S. District Judge Jeremy Fogel * Law 360, August 31, 2018 *Table of Contents1. Introduction 2. A Judge’s Work 3. Is the Law Uncertain? 4. Do Judges Make Law? 5. Rules, Principles and Policies 6. Disciplined Judicial Decision-Making 7. Working with Precedent 8. Authority: What Counts? 9. Judicial Decision Making: A Case Study 10. Standard of Review and Discretion 11. Role of the Judge in a Constitutional Democracy 12. A Judicial State of Mind

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Book SynopsisIn Policing China, Suzanne E. Scoggins delves into the paradox of China''s self-projection of a strong security state while having a weak police bureaucracy. Assessing the problems of resources, enforcement, and oversight that beset the police, outside of cracking down on political protests, Scoggins finds that the central government and the Ministry of Public Security have prioritized stability maintenance (weiwen) to the detriment of nearly every aspect of policing. The result, she argues, is a hollowed out and ineffective police force that struggles to deal with everyday crime.Using interviews with police officers up and down the hierarchy, as well as station data, news reports, and social media postings, Scoggins probes the challenges faced by ground-level officers and their superiors at the Ministry of Public Security as they attempt to do their jobs in the face of funding limitations, reform challenges, and structural issues. Policing ChinTrade ReviewScoggins's enterprising fieldwork finds the fabled Chinese police state to be surprisingly ineffective at the level of the street. * Foreign Affairs *[T]his book offers a useful, on-the-ground assessment of the complicated dynamics between the Chinese state and its citizens. * Choice *Table of ContentsIntroduction: The Death of Xiao Hu 1. Policing China: Demographics, Mission, and Funding 2. Uneven Resources and Manpower Concerns 3. Limitations of Police Reforms 4. Controlling the Local Police 5. Politicization and the Boundaries of Authoritarian Resilience 6. Poor Policing and State-Society Conflict

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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

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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

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