Trial Justice

Author : Tim Allen
Publisher : Zed Books Ltd.
Page : 164 pages
File Size : 54,9 Mb
Release : 2013-04-04
Category : Law
ISBN : 9781848137936

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Trial Justice by Tim Allen Pdf

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

Author : Jerome Frank
Publisher : Princeton University Press
Page : 464 pages
File Size : 51,6 Mb
Release : 1973-09-21
Category : Law
ISBN : 0691027552

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Courts on Trial by Jerome Frank Pdf

CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.

Author : Kent Roach
Publisher : McGill-Queen's Press - MQUP
Page : 329 pages
File Size : 50,8 Mb
Release : 2019-01-21
Category : Social Science
ISBN : 9780773556454

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Canadian Justice, Indigenous Injustice by Kent Roach Pdf

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Author : Mollie Hemingway,Carrie Severino
Publisher : Simon and Schuster
Page : 256 pages
File Size : 51,8 Mb
Release : 2019-07-09
Category : Political Science
ISBN : 9781621579847

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Justice on Trial by Mollie Hemingway,Carrie Severino Pdf

#1 NATIONAL BESTSELLER! Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a “national disgrace” and a “circus.” Justice on Trial, the definitive insider’s account of Kavanaugh’s appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures—including the president, justices, and senators—in that ferocious political drama. The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again.

Author : Aleksandra Babovic
Publisher : Springer
Page : 178 pages
File Size : 45,8 Mb
Release : 2019-01-04
Category : History
ISBN : 9789811334771

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The Tokyo Trial, Justice, and the Postwar International Order by Aleksandra Babovic Pdf

Fully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948. With this as a backdrop, this book contributes to the study of Japanese postwar diplomacy. It shows the Tokyo Tribunal is still very much an experiment in progress, and how the process itself has helped Japan to quickly shed its imperial past and remain ambiguous as to its war responsibilities. From a wider vantage point, this book augments the existing scholarship of international criminal law and justice, offering a clear framework as to the limits of what international criminal tribunals can accomplish and offers a must-read for academics and students as well as for practitioners, journalists and policymakers interested in international criminal law and US-Japanese diplomatic history,

Author : Joseph F. Kenkel
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2021
Category : Criminal procedure
ISBN : OCLC:1410827349

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Impaired Driving in Canada by Joseph F. Kenkel Pdf

Author : H. Messmer,H.U. Otto
Publisher : Springer Science & Business Media
Page : 575 pages
File Size : 52,7 Mb
Release : 2013-06-29
Category : Social Science
ISBN : 9789401580649

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Restorative Justice on Trial by H. Messmer,H.U. Otto Pdf

Victim-offender mediation schemes have experienced significant growth in the last decade. They are seen as an important and innovative alternative to the traditional sanctions of the criminal justice system. After a critical look at mediation schemes in the United States and Canada, most European countries have also increased their efforts to develop informal strategies to deal with deviant behavior. In terms of their legal and organizational base, it turns out that type, extent, and capacities for development are quite different in the individual countries -resulting in a remarkable diversity of programs with different outcomes. The contributions in this book are revised and edited versions of papers presented at the NATO Advanced Research Workshop Conflict, Crime and Reconciliation: The Organization of Welfare Intervention in the Field of Restitutive Justice in April 1991 at Il Ciocco, Italy. The chapters document the present stage of restorative justice in the individual countries, critically assess legal constraints and public needs, discuss the organizational requirements of implementation, and also evaluate outcomes in a broader context of crime and social policy. In the long run, this book should encourage further debates in the field of restorative justice and help build valid guidelines for an international evaluation research.

Author : John Hostettler
Publisher : Waterside Press
Page : 140 pages
File Size : 53,6 Mb
Release : 2006-10-19
Category : Law
ISBN : 9781906534165

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Fighting for Justice by John Hostettler Pdf

Adversary trial emerged in England in the 18th century. Its origins and significance had tended to go unrecognized by judges, lawyers, jurists, and researchers until relatively modern times. Even now, there is considerable dispute as to how and why adversary trial came into existence, and little connection has been made with the fact that its existence contributed to the genesis of a the modern doctrine of human rights, whereby citizens are able to make a stand against the power of the state or vested interest. Fighting for Justice focuses on the birth and meaning of adversary trial, including the key role of Sir William Garrow. The book assesses how deep-rooted is the notion of opposing parties in the common law and the English psyche generally, and that of countries such as the US that have followed the same pattern whereby legal representatives champion the cause of individuals. The book touches on moves through restorative justice around the world, to alter adversarial systems in favor of a less conflict based approach. Because justice and the rule of law are frequently nowadays under attack, Fighting for Justice will be a valuable aid to understanding the contributions that have been made to the overall development of criminal justice and common law systems.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 280 pages
File Size : 44,6 Mb
Release : 2006-11-29
Category : Political Science
ISBN : 9780102943689

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Murder, Manslaughter and Infanticide by Great Britain: Law Commission Pdf

A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.

Author : Gabriel N. Finder,Alexander V. Prusin
Publisher : University of Toronto Press
Page : 397 pages
File Size : 54,5 Mb
Release : 2018-01-01
Category : History
ISBN : 9781487522681

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Justice Behind the Iron Curtain by Gabriel N. Finder,Alexander V. Prusin Pdf

In Justice behind the Iron Curtain, Gabriel N. Finder and Alexander V. Prusin examine Poland's role in prosecuting Nazi German criminals during the first decade and a half of the postwar era. Finder and Prusin contend that the Polish trials of Nazi war criminals were a pragmatic political response to postwar Polish society and Poles' cravings for vengeance against German Nazis. Although characterized by numerous inconsistencies, Poland's prosecutions of Nazis exhibited a fair degree of due process and resembled similar proceedings in Western democratic counties. The authors examine reactions to the trials among Poles and Jews. Although Polish-Jewish relations were uneasy in the wake of the extremely brutal German wartime occupation of Poland, postwar Polish prosecutions of German Nazis placed emphasis on the fate of Jews during the Holocaust. Justice behind the Iron Curtain is the first work to approach communist Poland's judicial postwar confrontation with the legacy of the Nazi occupation.

Author : Benjamin Perrin
Publisher : University of Toronto Press
Page : 259 pages
File Size : 49,8 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781487533748

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Indictment by Benjamin Perrin Pdf

Based on first-hand interviews with survivors, people who have committed offences, and others on the frontlines, Indictment puts the Canadian criminal justice system on trial and proposes a bold new vision of transformative justice. #MeToo. Black Lives Matter. Decriminalize Drugs. No More Stolen Sisters. Stop Stranger Attacks. Do we need more cops or to defund the police? Harm reduction or treatment? Tougher sentences or prison abolition? The debate about Canada’s criminal justice system has rarely been so polarized – or so in need of fresh ideas. Indictment brings the heartrending and captivating stories of survivors and people who have committed offences to the forefront to help us understand why the criminal justice system is facing such an existential crisis. Benjamin Perrin draws on his expertise as a lawyer, former top criminal justice advisor to the prime minister, and law clerk at the Supreme Court of Canada to investigate the criminal justice system itself. Indictment critiques the system from a trauma-informed perspective, examining its treatment of victims of crime, Indigenous people and Black Canadians, people with substance use and mental health disorders, and people experiencing homelessness, poverty, and unemployment. Perrin also shares insights from others on the frontlines, including prosecutors and defence lawyers, police chiefs, Indigenous leaders, victim support workers, corrections officers, public health experts, gang outreach workers, prisoner and victims’ rights advocates, criminologists, psychologists, and leading trauma experts. Bringing forward the voices of marginalized people, along with their stories of survival and resilience, Indictment shows that a better way is possible.

Author : Robert Satter
Publisher : Beard Books
Page : 2 pages
File Size : 42,8 Mb
Release : 2005-02
Category : Law
ISBN : 9781587982453

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Doing Justice by Robert Satter Pdf

This book sits the reader on the bench besdies a trial judge to observe the human dramas as they unfold. This is a reprint title.

Author : Michael Burton
Publisher : Xpl Pub
Page : 600 pages
File Size : 47,6 Mb
Release : 2011-12-01
Category : Law
ISBN : 1858113792

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Civil Appeals by Michael Burton Pdf

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections

Author : William T. Pizzi
Publisher : NYU Press
Page : 257 pages
File Size : 43,9 Mb
Release : 1998-12-01
Category : Law
ISBN : 9780814768112

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Trials Without Truth by William T. Pizzi Pdf

Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulings—often with perverse results—the American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world. William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence. How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed to degenerate into one so profoundly flawed? Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice system—and a prescription for how it can be fixed.

Author : Don Stuart
Publisher : Unknown
Page : 692 pages
File Size : 51,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134517205

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Charter Justice in Canadian Criminal Law by Don Stuart Pdf

"The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.