Criminal procedure Books

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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 SynopsisSociety and Law addresses the social context of law, the legal structure, and the relationships between society and law. The goal of this text is to help undergraduate students gain an understanding of the significant role law plays in our everyday lives and in larger society. It covers emerging theories and ideas from innovative fields such as critical legal studies, feminist jurisprudence, critical race theories, and intersectionality. Society & Law summarizes the material as succinctly as possible, incorporating examples of new laws, changes in laws, and legal cases that interest college students and help them connect the material to their own lives. The law can be fascinating, frustrating, and even funny. Society & Law presents these various aspects of the law in readable, understandable, and interesting ways. Features: ·Student-oriented pedagogy includes key terms and a complete glossary, chapter summaries, critical thinking questions, and movie suggestions ·Case-in-Point boxes provide extended examples that illustrate key points ·Legalese boxes define legal terminology ·Sidebar boxes provide additional information about select conceptsTable of ContentsList of Figures Preface 1 Introduction Manifest Functions of Law Latent Functions of Law Dysfunctions of Law Law as a Social Construction Max Weber’s Sociological Approach to the Study of Law 1. The Moral Approach 2. The Jurisprudence Approach 3. The Sociological Approach Chapter Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for Kids for Cash 2 The Rule of Law and Major Legal Systems The Rule of Law Criteria for the Rule of Law The Rule of Law in the United States Typologies of Law Weber’s Three Features Major Legal Systems Romano-Germanic System, or Civil Law Common Law Systems Socialist Legal Systems Islamic Legal Systems Functions of Law Social Control Dispute Resolution Social Change Chapter Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for the Corporation 3 Modernization and Theoretical Perspectives on Society and Law The Evolution of Legal Systems Modernization and the Expansion of Law Traditional Legal Systems Transitional Legal Systems Modern Legal Systems Theories of Law and Society Early European Scholars of Law Classical Sociological Theories of Society and Law: Durkheim, Marx, and Weber Sociolegal Theorists Basic Tenets of Legal Realism Current Theories of Society and Law Critical Legal Studies (CLS) Feminist Legal Theory Critical Race Theory (CRT) Intersectional Approaches to Society and Law Chapter Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for Little Injustices: Laura Nader Looks at the Law 4 The Organization of Law The Courts Dispute Categories Organization of the Courts Participants in Court Processes Litigation in the Court Systems Civil Cases Criminal Cases Legislatures Administrative Agencies The Administrative Process Law Enforcement Agencies Chapter Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for Runaway Jury 5 Lawmaking and the Social Construction of Laws Social Constructionist Approach to Lawmaking Legislation The Instigation and Publicizing Stage Information-Gathering Stage Formulation Stage Interest Aggregation Stage Mobilization Stage Modification Administrative Rulemaking/Lawmaking The Administrative Process Judicial Lawmaking Lawmaking by Precedents The Interpretation of Statutes The Interpretation of Constitutions Influences on Lawmaking Processes Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for Food, Inc. 6 Law and Social Control Social Control: Why do Most People Behave Most of the Time? Internalization of Norms Control through External Pressures: Sanctions Informal Social Control Formal Social Control Criminal Sanctions Why We Punish Does the Threat of Death Deter Criminals? Who is Punished? Disproportionate Minority Sentencing Who is Not Punished Proportionately? White-Collar Crime Administrative Law and Social Control Licensing Inspection Threat of Publicity Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for The Thin Blue Line 7 Law and Dispute Processing Private Wrongs and Public Outcries Stages of Dispute Processing Methods of Dispute Resolution Primary Resolution Processes Negotiation Mediation Arbitration Forced or Mandatory Arbitration Adjudication/Litigation Hybrid or Combined Forms of Resolution Processes Collaborative Law Settlement Counsel Partnering Rent-A-Judge Mediation-Arbitration or Med-Arb “Mini-Trial” Who Can Sue? Justiciability and Standing Types of Private Wrongs Intentional Acts Negligence Strict Liability Property Disputes Contract Disputes Family Disputes Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for the film, Hot Coffee 8 Law and Social Change Law and Social Change Jeremy Bentham (1748–1832) Friedrich Karl von Savigny (1779–1861) Social Changes as Causes of Changes in Law New Technologies as Catalysts for Change Revenge Porn or Nonconsensual Pornography Texting While Driving Law as an Instrument of Social Change Case In Point: Same-Sex Marriage Laws and Laws Attempting to Block Same-Sex Marriage The Advantages of Law as an Instrument of Social Change The Limits of Law in Creating Social Change Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for RBG 9 Gate-Keeping and the Law: The Legal Profession The Practice of Law: A Brief History The Evolution of the Legal Profession and the Professionalization of Lawyers in the United States Legal Education: The Growth of Law Schools in the United States The Current Picture for Law Schools in the United States The American Bar Association The Legal Profession Today Stratification within the Legal Profession Stratified Law Schools Stratified Law Practices Big Law Small Law or Private Practice Government Lawyers Advocacy Law/Nonprofit Law/Public Interest Law Diversity in Practice? Law and Diversity Crashing the Gate: Deprofessionalization and the Practice of Law Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions For A Civil Action 10 Gender, Inequality, and Law Law at the Intersections: Intersectionality Feminist Legal Scholarship/Feminist Jurisprudence The Social Construction of Gender The Separate Spheres Ideology Legal Constructions of Gender Early America: Women, Law, and the Colonial Era, 1630–1763 The Revolutionary to Post-Revolutionary Period, 1763–1815 The Civil War and the Period of Reconstruction, 1861–1877 The Progressive Era and First Wave Feminism, 1890–1920 Second-Wave Feminism, 1960s to 1980s Feminist Jurisprudence: Sameness, Difference, or Both? Third-Wave Feminism, 1990s to 2000s Fourth-Wave Feminism? #Metoo Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for the Film North Country 11 Race, Inequality, and Law Critical Race Theory The Social Construction of Race Legal Constructions of Race Racial Prerequisite Cases: Race and Citizenship The Naturalization Act of 1790 In re Ah Yup, 1878 Ex parte Shahid, 1913 Ozawa v. United States, 1922 The End of Racial Prerequisites Race and Marriage: Anti-Miscegenation Law in the Twentieth Century Kirby v. Kirby, 1922 The Estate of Monks, 1941 Loving v. Virginia, 1967 Law And Social Change Revisited Executive Order 13769: The Travel Ban Summary Key Terms Critical Thinking Questions Suggested Movie Discussion Questions for The Loving Story Glossary References Index

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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 SynopsisInterpreter-mediated child interviews, by their nature, involve communication with vulnerable interviewees who need extra support for three main reasons: their age (under 18), language and procedural status (victim, witness or suspect). The CO-Minor-IN/QUEST research project (JUST/2011/JPEN/AG/2961; January 2013 December 2014) studied the interactional dynamics of interpreter-mediated child interviews during the pre-trial phase of criminal proceedings. The project aimed to provide guidance in implementing the 2012/29/EU Directive establishing minimum standards on the rights, support and protection of victims of crime. This book sets out the key findings from a survey conducted in the project partners' countries (Belgium, France, Hungary, Italy, the Netherlands and the UK) targeting the different professional groups involved in child interviewing. Both the quantitative and qualitative analysis of the respondents' answers is discussed in detail. The book also provides hands-on chapters, addressing concrete cases of children involved in criminal procedures who required the assistance of an interpreter to ensure their rights were fully protected. Finally, a set of recommendations is offered to professionals working in this area.

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Book SynopsisThis fifty-fourth volume of annotated leading case law of international criminal tribunals contains the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (2009-2011). It provides the reader with the full text of this important decision, identical to the original version and including concurring, separate and dissenting opinions. A distinguished expert in the field of international criminal law has commented on the decision. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.Trade Review'Annotated Leading Cases of International Criminal Tribunals is a particularly useful reference and research tool for anyone interested in specific legal aspects of the law of the tribunals.'-- Frederik Naert in 49 Military Law and the Law of War Review (2010) 243.

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Book SynopsisMissouri, 2014. Michael Brown, a black teenager, is shot and killed by Darren Wilson, a white police officer. In this gripping and revelatory drama based on interviews from the aftermath of the shooting, Dael Orlandersmith journeys into the heart and soul of modern-day America – confronting the powerful forces of history, race and politics, and embodying the many faces of a community rallying for justice, and a country still yearning for change.

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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 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 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 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 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 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 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 SynopsisDen deutschen Nachrichtendiensten ist gesetzlich ein wichtiger Teil staatlicher Sicherheitsgewährleistung überantwortet: Für politische Entscheidungsträger fungieren sie als Frühwarnsysteme für innere und äußere Gefährdungen der Bundesrepublik Deutschland und im Wirkungsverbund mit Polizeibehörden und Staatsanwaltschaften tragen sie zur Verhinderung und Aufklärung von Straftaten bei. „Sicherheit“ hat sich hierbei zu einem zentralen gesellschaftlichen Wertebegriff entwickelt, an den Sicherheitsbedürfnisse einzelner Bürgerinnen und Bürger anknüpfen. Zugleich sind die Nachrichtendienste verpflichtet, individuelle Freiheitsverbürgungen des Grundgesetzes nicht zu verletzen. Den Rechtsgrundlagen nachrichtendienstlicher Tätigkeit kommt die Aufgabe zu, den Schutz grundrechtlicher Freiheiten und die Gewährleistung öffentlicher Sicherheit miteinander in Einklang zu bringen.

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Book SynopsisPre-trial Precautionary Measures in Europe

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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 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 Synopsis

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Book Synopsis

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