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The Trial of Jesus : A Study in the Gospels and Jewish Historiography from 1770 to the Present Day
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ISBN: 9789004508965 9789004025998 Year: 1971 Publisher: Leiden; Boston : BRILL

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Justice is the crime: pretrial delay in felony cases
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ISBN: 0829502327 Year: 1972 Publisher: Cleveland, Ohio

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Strafrecht und Medien
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ISBN: 9783863952631 Year: 2016 Publisher: Universitätsverlag Göttingen

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Criminal trials often attract great public interest. This interest, again, is essential to criminal justice as such, for in democratic states under the rule of law criminal law and its application need to be asserted and accepted within the public discourse. However, most people do not follow criminal trials as spectators in the courtroom, but by means of public media, such as newspapers, television and - increasingly - the internet. Thus, media outlets gain influence on the public opinion and are able to paint the picture of criminal trials according to their own perception. The media tends to overdraw criminal cases rather than to report the unbiased facts. This leads to tensions between possibly diverging interests of the public, of the judiciary and of the media. This volume addresses these tensions from the perspectives of academics and practitioners, who discussed this issue during an interdisciplinary conference held at the Institute for Criminal Law at the Georg-August-University Göttingen.


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Rethinking Holocaust justice : essays across disciplines
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ISBN: 178920514X Year: 2018 Publisher: New York, [New York] ; Oxford, [England] : Berghahn Books,

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Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.


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Swift, Certain and Fair : Does Project HOPE Provide a Therapeutic Paradigm for Managing Offenders?
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ISBN: 3319584456 3319584448 Year: 2017 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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This book presents a detailed analysis of Hawaii’s Opportunity Probation with Enforcement (HOPE) program. Developed by Judge Steven Alm in Hawaii in 2004, this model of ‘swift, certain and fair’ justice has been widely adopted across the United States. The book argues that although HOPE has principally been viewed in terms of its deterrent impact, it is in fact best understood through the lens of therapeutic jurisprudence and solution-focused courts, especially drug courts. Bartels presents a detailed overview of HOPE’s operation, as well as a critical assessment of the evaluation findings of HOPE and other programs based on this model. Crucially, the book draws on observational research to demonstrate that much of the commentary on HOPE has been based on misunderstandings about the program, and Bartels ultimately provides much-needed in-depth analysis of critiques of the HOPE model. A rigorous study which concludes by identifying key issues for jurisdictions considering implementing the model and areas for future research, this book will be of special interest to scholars of criminal justice, recidivism and drug-related issues.


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Europe in Prisons : Assessing the Impact of European Institutions on National Prison Systems
Authors: ---
ISBN: 3319622501 3319622498 Year: 2017 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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This volume explores the role that European institutions have come to play in regulating national prisons systems.  The authors introduce and contribute to advancing a new research agenda in international penology (‘Europe in prisons’) which complements the conventional comparative approach (‘prisons in Europe’).  The chapters examine the impact – if any – that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe.  With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy. .


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Unconstitutional Solitude : Solitary Confinement and the US Constitution’s Evolving Standards of Decency
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ISBN: 3319617354 3319617346 Year: 2017 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.


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Rape Trials in England and Wales : Observing Justice and Rethinking Rape Myths
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ISBN: 3319756745 3319756737 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law. .


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Plea Negotiations : Pragmatic Justice in an Imperfect World
Authors: ---
ISBN: 3319926292 3319926306 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome. Asher Flynn is Senior Lecturer in Criminology and Director of the Social and Political Sciences Graduate Research Program, Monash University, Australia. Arie Freiberg is Emeritus Professor at Monash University, Australia.


Book
Rape and the Criminal Trial : Reconceptualising the Courtroom as an Affective Assemblage
Authors: --- ---
ISBN: 3030386848 303038683X Year: 2020 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Pivot,

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This book explores the shortcomings of the criminal justice system’s response to sexual violence. Despite a plethora of legal and policy reforms, concerns remain regarding the conviction rates for rape and the extent to which cases fall out of the system. Ample research has highlighted the ongoing impact of ‘rape myths’ and the presence of an ‘implementation gap’ whereby policies, provisions and measures — proposed in order to improve the system’s response — are frequently not brought into practice, nor utilised as expected. Rape and the Criminal Trial proposes a move beyond representational theory and towards New Materialism and affects, a school of thought which emphasises the importance of embodiment and the ontological intensive regime as necessary in order to generate radical new approaches for understanding this problematic status quo, and in order to move forward to the production of more effective solutions. .

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