Most murderers and rapists escape justice, a horrifying fact that has gone largely unexamined until now. This groundbreaking book tours nearly the entire criminal justice system, examining the rules and practices that regularly produce failures of justice in serious criminal cases. Each chapter outlines the nature and extent of justice failures in present practice, describing the interests at stake, and providing real-world examples. Finally, each chapter reviews proposed and implemented reforms that could balance the competing interests in a less justice-frustrating manner and recommends one—sometimes completely original—reform to improve the system. A systematic study of justice failures is long overdue. As this book discusses, regular failures of justice in serious criminal cases undermine deterrence and the criminal justice system’s credibility with the community as a moral authority. The damage caused by unpunished crime is immense and, even worse, falls primarily on vulnerable minority communities. Now for the first time, students, researchers, policymakers, and citizens have a resource that explains why justice failures occur and what can be done about them. Confronting Failures of Justice is accessible for use by college freshman through graduate students and law students and is designed to be main text for a course on justice failures, but it could be used in conjunction with other texts in a broad range of courses touching on criminal justice. It presents arguments in a highly-organized fashion and provides dozens of case studies, many with photographs, to gain student interest and to bring the academic discussions to life.
The Miranda warnings became part of the common lexicon after the Supreme Court decision in Miranda v Arizona in 1966. This book examines both sides of Miranda-related questions: Is the Miranda decision a violation of separation of powers or the concept of federalism? Does making mandatory the reading of the rules free guilty criminals? And more.
If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system.
The criminal justice system is complicated. Understand it and your rights. This book demystifies the complex rules and procedures of criminal law. It explains how the system works, why police, lawyers, and judges do what they do, and what suspects, defendants, and prisoners can expect. It also provides critical information on working with a lawyer. In plain English, The Criminal Law Handbook covers: search and seizure arrest, booking, and bail Miranda rights arraignment plea bargains trials sentencing common defenses working with defense attorneys constitutional rights juvenile court legal terms and definitions appeals public defenders victims’ rights This edition is completely updated, covering the latest in criminal law, including U.S. Supreme Court cases.
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups—they all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative, within limits. What these “communities” did and how they managed have dramatic implications for shaping our modern institutions. Should today’s criminal justice system build on people’s shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society.
While emphasising caring for others, this book also place great importance on the practitioner caring for and developing themselves. Contemporary care environments place high demands upon students and practitioners of all disciplines. We want practitioners to do more than simply survive these environments, we want practitioners to thrive and feel enabled to lead themselves and others.' John Hurley and Paul Linsley, in the Preface Emotional intelligence is centred in self-awareness, empathy and leadership, as well as communication, relatedness and personal resilience. This book adopts a fresh approach to personal and professional development in healthcare by applying emotional intelligence to a range of clinical and educational contexts..This practical, user-friendly guide engages the reader on both an emotional and a cognitive level, offering an energising way for healthcare professionals to work more effectively as individuals and as part of a team. The activities provided are thought-provoking for personal study and ideal for session planning in larger groups. Emotional Intelligence in Health and Social Care is recommended for all educators and students of medicine, nursing, social care and the Allied Health Professions. When I began my professional training over forty years ago the curriculum paid no attention to the 'stuff' of the 'emotions'. However, when faced with the confusion of real people, and the uncertainty of decision making, I - like everyone else - had to draw on my emotions; feeling my way towards a different kind of knowledge. A book like this might have helped me come to a different understanding of what I needed to do to help myself to coexist with, work alongside and help others. From the Foreword by Phil Barker
In 1989, the Cold War abruptly ended and it seemed as if the world was at last safe for democracy. But a spirit of uneasiness, discontent, and world-weariness soon arose and has persisted in Europe, in America, and elsewhere for two decades. To discern the meaning of this malaise we must investigate the nature of liberal democracy, says the author of this provocative book, and he undertakes to do so through a detailed investigation of the thinking of Montesquieu, Rousseau, and Tocqueville. Paul A. Rahe argues that these political thinkers anticipated the modern liberal republic's propensity to drift in the direction of “soft despotism”—a condition that arises within a democracy when paternalistic state power expands and gradually undermines the spirit of self-government. Such an eventuality, feared by Tocqueville in the nineteenth century, has now become a reality throughout the European Union, Canada, Australia, New Zealand, and the United States. So Rahe asserts, and he explains what must be done to reverse this unfortunate trend.
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