Criminal procedure Books

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 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 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 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 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 SynopsisAn ethnography of terrorism trials in Delhi, India, this book explores what modes of life are made possible in the everyday experience of the courtroom. Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused. In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law.Table of ContentsAbbreviations and Glossary | ix Introduction | 1 1 Custodial Intimacy: Law and the Police in Two Parts | 35 2 Recycled Legality: Doing Things with Legal Language | 71 3 Law and the Vulnerable State | 92 4 Hypertext: Files and the Fabrication of the World | 115 5 Certification and the Fabrication of Truths | 137 6 Petition Writing: Desire, Ethics, Mourning | 169 Conclusion: An Acquittal? | 199 Acknowledgments | 213 Notes | 219 References | 235 Index | 251

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Book SynopsisAn ethnography of terrorism trials in Delhi, India, this book explores what modes of life are made possible in the everyday experience of the courtroom. Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused. In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law.Table of ContentsAbbreviations and Glossary | ix Introduction | 1 1 Custodial Intimacy: Law and the Police in Two Parts | 35 2 Recycled Legality: Doing Things with Legal Language | 71 3 Law and the Vulnerable State | 92 4 Hypertext: Files and the Fabrication of the World | 115 5 Certification and the Fabrication of Truths | 137 6 Petition Writing: Desire, Ethics, Mourning | 169 Conclusion: An Acquittal? | 199 Acknowledgments | 213 Notes | 219 References | 235 Index | 251

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Book Synopsis

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Book Synopsis

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Book SynopsisInternational 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 for Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for RwandaThe 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. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The topics include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal.International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.Contributors include: G. Acquaviva, L. Carter, H. Garry, S. Horovitz, C.C. Jalloh, M. Maystre, F. Pocar, J.I. TurnerTrade 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 SynopsisWith this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.Trade Review'A tireless and fearless human rights defender, personally acquainted with every aspect of the available UN and regional systems, let alone the American institutions, Professor Connie de la Vega gives here one more proof of her lifelong dedication to the cause. This wide-ranging guide to the international and regional organs and mechanisms, now so numerous as to form a maze difficult to penetrate, goes far beyond a description of their components. It teaches NGOs and other civil society actors how to make proper use of the different instances, bodies and procedures, with advice on how to choose and put to use those that may best serve one's endeavour. Clear knowledge of options available is, therefore, the first need to be fulfilled in order to avoid pitfalls and obstacles. This guide is certainly a most welcome contribution to all of those who still believe that universal human rights are now the only hope for social progress in a world where dominant politics seems determined to move backwards.' --José Lindgren-Alves, Member of the Advisory Committee to the UN Human Rights Council and former member of CERD, Brazil'International human rights and international criminal law procedures for upholding the rights of victims represent a great breakthrough in theory, but they are of limited utility unless they are accessible to, and can be used effectively by, the victims and civil society advocates. This book is an invaluable guide to the complexities of these procedures and how they can be used to bring real change.' --Philip Alston, New York University, School of Law, US and UN Special Rapporteur on extreme poverty and human rights'This is a wonderfully practical and straightforward guide for victims and those representing them on how to make international human rights bodies actually work. It explains in clear, accessible language how to get your issue or case before the UN, regional human rights bodies and the International Criminal Court, and what you can expect when you do so. The book fills the gap between theory and implementation nicely, and should be the go-to handbook for those doing human rights work to carry with them wherever they go.' --Naomi Roht-Arriaza, Hastings College of the Law, USTable of ContentsContents Introduction 1. International Human Rights Procedures 2. Regional Human Rights System 3. Advocacy at the International Criminal Court Conclusion Index

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Book SynopsisWith this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.Trade Review'A tireless and fearless human rights defender, personally acquainted with every aspect of the available UN and regional systems, let alone the American institutions, Professor Connie de la Vega gives here one more proof of her lifelong dedication to the cause. This wide-ranging guide to the international and regional organs and mechanisms, now so numerous as to form a maze difficult to penetrate, goes far beyond a description of their components. It teaches NGOs and other civil society actors how to make proper use of the different instances, bodies and procedures, with advice on how to choose and put to use those that may best serve one's endeavour. Clear knowledge of options available is, therefore, the first need to be fulfilled in order to avoid pitfalls and obstacles. This guide is certainly a most welcome contribution to all of those who still believe that universal human rights are now the only hope for social progress in a world where dominant politics seems determined to move backwards.' --José Lindgren-Alves, Member of the Advisory Committee to the UN Human Rights Council and former member of CERD, Brazil'International human rights and international criminal law procedures for upholding the rights of victims represent a great breakthrough in theory, but they are of limited utility unless they are accessible to, and can be used effectively by, the victims and civil society advocates. This book is an invaluable guide to the complexities of these procedures and how they can be used to bring real change.' --Philip Alston, New York University, School of Law, US and UN Special Rapporteur on extreme poverty and human rights'This is a wonderfully practical and straightforward guide for victims and those representing them on how to make international human rights bodies actually work. It explains in clear, accessible language how to get your issue or case before the UN, regional human rights bodies and the International Criminal Court, and what you can expect when you do so. The book fills the gap between theory and implementation nicely, and should be the go-to handbook for those doing human rights work to carry with them wherever they go.' --Naomi Roht-Arriaza, Hastings College of the Law, USTable of ContentsContents Introduction 1. International Human Rights Procedures 2. Regional Human Rights System 3. Advocacy at the International Criminal Court Conclusion Index

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Book SynopsisThe newest edition of the most complete and accessible text available for this course!The 8th edition of Criminal Procedure provides readers with a comprehensive, logically organized introduction to the essence of procedural criminal law. The book is easy to read and meticulous in its presentation of the law, making it the ideal textbook for undergraduate Criminal Justice students.Key Features of the Text: Grounds students in the basic concepts of criminal procedure, stressing the rights of persons who are suspected, accused, or convicted of crimes. Includes a wealth of current cases and timely real-world examples that reflect this especially dynamic component of the American criminal justice system. Incorporates robust pedagogical features into every chapter, including learning objectives, key terms, discussion questions, and shadow boxes to enhance student comprehension. This new edition captures the most significant recent developments by addressing state and federal statutes, as well as notable criminal trials and appellate court decisions, with a particular focus on the decisions of the U.S. Supreme Court. Crucial, compelling topics such as the increased spotlight on police use of force, bail reform, civil forfeiture, capital punishment, and other salient issues have been integrated into each chapter to ensure that the book is thoroughly updated to highlight the newest information in the field.

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.Trade Review'This book will have no rival as a concise and comprehensive guide to our criminal procedure system. It speaks at once to the law student looking for a reliable reference and review guide, and to the general reader and foreign lawyer who wants to understand how Supreme Court decisions inform how our police, prosecutors, defense lawyers, judges, and juries interact in our schemes of investigation and adjudication of crimes. Written with elegance and clarity, it carries the authority of one of our greatest criminal law scholars.' --Robert Weisberg, Stanford Law School, US'This is the best general-audience introductory text on U.S. Criminal Procedure that I have read, and over the past fifty-plus years, I have read quite a few (including one that I co-authored). Notwithstanding its modest length, the text provides comprehensive coverage, with explanations and descriptions that are both concise and complete. The primary focus is on constitutional regulation (including references to over 750 Supreme Court cases), but appropriate attention is given to regulation by statute and court rule and to key elements of the administrative environment. A special reward is the personal insights and evaluations of Chris Slobogin, one of the legal academy's most original thinkers.' --Jerold Israel, University of Michigan Law School, US'Christopher Slobogin's Advanced Introduction to U.S. Criminal Procedure is a must-have source for all who want an overview of the American criminal justice system. It is extremely lucid and readable, and thoroughly comprehensive. Slobogin is one of the country's leading scholars of criminal procedure, and it shows in this incredibly helpful volume. Highly recommended for those who want an introduction to how criminal procedure operates in the United States.' --Barry Friedman, New York University School of Law, USTable of ContentsContents: 1. An Overview of American Criminal Procedure Law 2. The Threshold of the Fourth Amendment 3. The Warrant and Probable Cause Requirements 4. Exceptions to the Warrant and Probable Cause Requirements 5. Interrogation and Entrapment 6. Eyewitness Identification Procedures 7. The Exclusionary Rule and Other Remedies for Police Misconduct 8. The Pretrial Process 9. Guilty Pleas and Plea Bargaining 10. The Right to a Speedy, Public Jury Trial 11. Adversarial Rights 12. Post-Adjudication Proceedings 13. Conclusion Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.Trade Review'This book will have no rival as a concise and comprehensive guide to our criminal procedure system. It speaks at once to the law student looking for a reliable reference and review guide, and to the general reader and foreign lawyer who wants to understand how Supreme Court decisions inform how our police, prosecutors, defense lawyers, judges, and juries interact in our schemes of investigation and adjudication of crimes. Written with elegance and clarity, it carries the authority of one of our greatest criminal law scholars.' --Robert Weisberg, Stanford Law School, US'This is the best general-audience introductory text on U.S. Criminal Procedure that I have read, and over the past fifty-plus years, I have read quite a few (including one that I co-authored). Notwithstanding its modest length, the text provides comprehensive coverage, with explanations and descriptions that are both concise and complete. The primary focus is on constitutional regulation (including references to over 750 Supreme Court cases), but appropriate attention is given to regulation by statute and court rule and to key elements of the administrative environment. A special reward is the personal insights and evaluations of Chris Slobogin, one of the legal academy's most original thinkers.' --Jerold Israel, University of Michigan Law School, US'Christopher Slobogin's Advanced Introduction to U.S. Criminal Procedure is a must-have source for all who want an overview of the American criminal justice system. It is extremely lucid and readable, and thoroughly comprehensive. Slobogin is one of the country's leading scholars of criminal procedure, and it shows in this incredibly helpful volume. Highly recommended for those who want an introduction to how criminal procedure operates in the United States.' --Barry Friedman, New York University School of Law, USTable of ContentsContents: 1. An Overview of American Criminal Procedure Law 2. The Threshold of the Fourth Amendment 3. The Warrant and Probable Cause Requirements 4. Exceptions to the Warrant and Probable Cause Requirements 5. Interrogation and Entrapment 6. Eyewitness Identification Procedures 7. The Exclusionary Rule and Other Remedies for Police Misconduct 8. The Pretrial Process 9. Guilty Pleas and Plea Bargaining 10. The Right to a Speedy, Public Jury Trial 11. Adversarial Rights 12. Post-Adjudication Proceedings 13. Conclusion Index

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Book SynopsisShattered Justice presents original crime victims' experiences with violent crime, investigations and trials, and later exonerations in their cases. Using in-depth interviews with 21 crime victims across the United States, Cook reveals how homicide victims’ family members and rape survivors describe the painful impact of the primary trauma, the secondary trauma of the investigations and trials, and then the tertiary trauma associated with wrongful convictions and exonerations. Important lessons and analyses are shared related to grief and loss, and healing and repair. Using restorative justice practices to develop and deliver healing retreats for survivors also expands the practice of restorative justice. Finally, policy reforms aimed at preventing, mitigating, and repairing the harms of wrongful convictions is covered.Trade Review"A leading expert on wrongful conviction turns her attention to the original crime victims, who frequently receive little more than a fleeting mention following the outcome of these cases. Cook provides insights into their anguish as they try to make sense of what happened, and their struggles with trauma caused by the wrongful conviction and its aftermath. This is one of those rare books that will be a must read for academics, restorative justice practitioners, and policy makers—indeed it is a book for everyone who cares about the state of justice in this country and its victims." — Jayne Mooney, John Jay College of Criminal Justice “With this book, Cook gives voice to the original crime victims of wrongful convictions and their family members whose experiences of surviving trauma and re-traumatization are very seldom heard. Cook puts her skills as a qualitative researcher, a feminist criminologist, and a restorative justice expert, to excellent use. Shattered Justice will be a transformative work with sustaining impact.”— Elizabeth Webster, Loyola University-ChicagoTable of ContentsAcknowledgments Part I: Studying Victims who Experience Exonerations (Primary and Secondary Trauma) Chapter 1: Introduction: Issues, Methods, and Participants Chapter 2: Shattered Lives Chapter 3: Shattered Investigations and Trials Chapter 4: Shattered Families Part II: Tertiary Trauma Chapter 5: Shattered Justice Chapter 6: Shattered System Chapter 7: Elements of Tertiary Trauma Chapter 8: Shattered Grief, Loss, and Coping Part Three: Healing, Repair, and Reform Chapter 9: Healing Justice Chapter 10: Repairing and Restoring Justice Works Cited

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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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 title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.

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Book SynopsisThis title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.

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Book SynopsisThis book is tailor made for a class on the criminal adjudication process, covering all essential post-investigation steps, from "bail to jail". Because the book includes an overview of the criminal process and comprehensive treatment of the right to counsel, it is easily adaptable, permitting teachers to use it for a stand-alone course on criminal prosecutions, a second criminal procedure course to follow a class on police practices and investigations, or an introductory criminal procedure course that students may take before taking a class on the investigative phases. The chapters provide in depth coverage of developing law, often incorporating the latest empirical information, state law trends, ethical rules, and policy debates.Topics include: pretrial detention and release the charging decision preliminary hearing and grand jury review, discovery and disclosure, plea bargaining, trial, double jeopardy, sentencing, appellate and post-conviction review

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Book SynopsisThis supplement brings the principal text current with recent developments in the law.

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