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Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question by highlighting the narrative blueprint of a given criminal justice system and then how t...
"Providing the first fundamental reform of its kind for the adversarial legal system, The Plea of Innocence introduces a new method through which to free innocent people from prison, a search for truth through the discovery of exonerating facts"--
Vogler (law, U. of Sussex) develops a new perspective on the development of the state in England by examining its response to severe internal threat over an extended historical period. Based on original research into 10 major incidents of civil disorder from the Bristol riots of 1830 to the inner city disorder of 1981. Distributed by Taylor and Francis. Annotation copyrighted by Book News, Inc., Portland, OR
In 18th-century continental Europe, penal law and what passed for justice were barbaric: gallows were a regular feature of the landscape, branding and mutilation were common, and there existed the ghastly spectacle of people being broken on the wheel. To make matters worse, offenders were often tortured or put to death for quite minor crimes and often without any semblance of a proper trial. Like a bombshell, a book entitled On Crimes and Punishments exploded onto the scene in 1764 with shattering effect. Its author was a young man from a privileged background, named Cesare Beccaria (1738-1794). A central message of that now classic work was that such punishments belonged to 'a war of nations against their citizens' and should be abolished. It was a cri de coeur for thorough reform of the law affecting penal law and punishments, and it swept across the continent of Europe like wildfire, being adopted by one ruler after another. It even crossed the Atlantic to the new United States, into the hands of President Thomas Jefferson. Civilized penal law remains a highly topical issue, and this book examines where it all began, with the influence of Cesare Beccaria.
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
Victorian Alphabet Books and the Education of the Eye shows how the familiar genre went beyond mere reading instruction to offer nineteenth-century British writers, illustrators, and publishers a site for representing and re-thinking literacy itself. This interdisciplinary study traces how individuals throughout the Victorian era deployed alphabet books to promote visual literacy or oral culture as a vital complement to textual literacy. Their strategies ranged from puns and political allusions to elaborate designs that addressed adult audiences alongside or even instead of children. As the format became more familiar in the first part of Victoria's reign, George Cruikshank, William Makepeac...
Incidences of public disorder, and the manner in which they have been suppressed, have repeatedly ignited debate on the role of policing, the effectiveness of current legislation and the implications for human rights and civil liberties. These same issues have reverberated throughout British history, and have frequently resulted in the enactment of new legislation that reactively aimed to counter the specific concern of that era. This book offers a detailed analysis of the expansion of public order law in the context of the historical and political developments in British society. The correlation of key historical events and the enactment of consequent legislation is a key theme that resonat...
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.