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Posts in diversity
Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age

By Joanna Carraway Vitiello

This book examines the administration of justice in the small northern Italian town of Reggio Emilia at the end of the fourteenth century. Through an examination of material from the judicial archives from the period 1371-1409, this study investigates the development of public justice, inquisition procedure, and dispute resolution in late medieval Reggio Emilia, also incorporating comparative material, especially archival material from Bologna at the end of the fourteenth century. This study seeks to add to the discussion on dispute resolution and court processes in late medieval Europe, moving the discussion outside the major urban centers of late medieval Italy to the periphery of urban life.

Leiden, Boston: Brill, 2016. 232p.

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Racial Equity in Montana's Criminal Justice System: An Analysis of Court, Corrections, and Community Supervision Systems

By Sara Bastomski, Matt Herman, Alison Martin and Sara Friedman

Between April 2021 and February 2022, The Council of State Governments (CSG) Justice Center conducted an analysis of racial equity across Montana’s criminal justice system in partnership with Montana judicial branch stakeholders. This work identified decision-making points in Montana’s criminal justice system in which there are disparities between American Indian and White people. Key findings include American Indian people are more likely to be incarcerated for felony criminal endangerment and public order offenses relative to comparable White people; American Indian people are incarcerated for longer than similarly situated White people; and American Indian people are more likely to be revoked from probation, conditional release, and parole than comparable White people. Based on these findings, the CSG Justice Center proposed five recommendations to improve racial equity in Montana’s criminal justice system.

New York: Council of State Governments (CSG) Justice Center, 2022. 49p.

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Criminal Procedure Reform in Mexico, 2008-2016: The Final Countdown for Implementation

By Octavio Rodríguez Ferreira and David A. Shirk

This is one of a series of special reports that have been published on a semi-annual basis by Justice in Mexico since 2010 on issues related to crime and violence, judicial sector reform, and human rights in Mexico. This report examines Mexico’s progress toward implementation of the country’s "new” criminal justice system, which introduces the use of oral, adversarial proceedings and other measures to improve the handling of criminal cases in terms of efficiency, transparency, and fairness to the parties involved. This report is based on several months of research and data analysis, field observation, and active participation by the authors in the process of training law professors, law students, and attorneys in preparation for implementation of the reforms. The report provides a general background on the 2008 judicial reform initiative, and examines Mexican government efforts to implement the reforms at the federal, state, and judicial district level, relying on a unique dataset and maps generated by the Justice in Mexico program based at the University of San Diego. As an additional resource, this report also contains a translation of the 2008 constitutional changes underlying the reforms. Ultimately, the authors find that there has been significant progress toward the implementation of the new criminal justice system, and offer recommendations to assist the Mexican government and international aid organizations to help Mexico sustain this progress in the years to come. This report does not represent the views or opinions of the University of San Diego or the sponsoring and supporting organizations, and the authors are solely responsible for any errors, omissions, and opinions in the report.

San Diego: Justice in Mexico, University of San Diego, 2015. 53p.

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Fictions of Evidence: Witnessing, Literature, and Community in the Late Middle Ages

By Jamie K. Taylor.  

Throughout the Middle Ages, witnessing was a crucial way religious and legal “truths” were understood and produced. Religious and secular officials alike harnessed the power of testimony to assert doctrinal, political, or legal responsibilities. Swearing an oath, testifying in court, and signing a deposition were common ways to shape and discipline both devotional and legal communities. In Fictions of Evidence: Witnessing, Literature, and Community in the Late Middle Ages, Jamie K. Taylor traces depictions of witnessing in a wide range of late medieval texts and shows how witnessing practices formed and reformed, policed and challenged medieval communities. Through close study of texts like the Man of Law’s Tale and Piers Plowman alongside sermon exempla, common law statutes, and pastoral treatises, Fictions of Evidence argues that devotional and legal witnessing practices offered medieval writers a distinct vocabulary they could use to expose how the ethical and legal obligations to one’s community were constructed. And since vernacular writers often challenged the ways ecclesiastical or secular authorities asserted community bonds, they found they could use those same witnessing practices and language to imagine extra-legal or extra-ecclesiastical communities that followed different ethical codes.

Columbus, OH: Ohio State University Press, 2013. 232p

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Power and Prosecution

Edited by Kai Ambos, and Ottilia A. Maunganidze.

Challenges and Opportunities for International Criminal Justice in Sub-Saharan Africa. This book contains some of the papers that were presented at the first meeting of the newly formed African Expert Study Group on International Criminal Law / Groupe des Experts Africaines en Droit Pénal International held in September 2011 in Brussels, Belgium. The group was established under the auspices of the Multinational Development Policy Dialogue (hereinafter ‘MDPD’) and the Rule of Law programme of the German Konrad-Adenauer-Stiftung (‘KAS’) in 2010 modeled on the successful sister group in Latin America. This latter group was originally founded as an expert group to monitor the implementation of the Rome Statute of the International Criminal Court (‘ICC’) in Latin America within the framework of cooperation between KAS’ regional Rule of Law Programme and the Department for Foreign and International Law of the Institute for Criminal Law and Criminal Justice of the Georg-August-Universität Göttingen in 2002. The newly formed African group consists of judicial experts with both academic and practical background from various parts of Sub-Saharan Africa. The importance of such a group for the African continent cannot be overestimated. Africa plays a vital role in international criminal law and justice, both as an active player at the ICC and at the regional and national level. As for the group’s composition and outreach, the aim is to broaden regional representation and further consolidate membership. In 2012, the group will meet in Nairobi, Kenya to deal with topics surrounding the ‘Potential for the domestic prosecution of international crimes in Africa.’ Topics for future meetings abound given the multi-faceted African legal and political practice regarding international criminal justice in general and the ICC in particular. The group should in particular monitor the recent international or transnational criminal justice developments at the regional African level as well as relevant national developments.

Göttingen Studies in Criminal Law and Justice Volume 24. 2012. 209p.

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On The Witness Stand

By Hugo Munsterberg.

A pioneering treatise of applied psychology that examines the mind of the witness on the witness stand, noting that the field was (at that time) “absurdly neglected.” Topics ranged from the memory of the witness, detection of crime, untrue confessions, hypnotism and prevention of crime.

Harrow and Heston Classic Reprint. (1908) 269 pages.

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The Plea of Insanity in Criminal Cases

By Forbes Winslow.

“This treatise was one of the first attempts to outline criteria through which to determine the legitimacy of an insanity plea. This issue would be resolved later that year with the establishment of the McNaghten Rules, which this work undoubtedly influenced, and which are still applied in England today.”

London : H. Renshaw, 1843. 78p.

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Public Justice and the Criminal Trial in Late Medieval Italy

By Joanna Carraway Vitiello.

Reggio Emilia in the Visconti Age. “Medieval public justice was characterized by its inherent tensions: tensions between a system designed for crime control and a society accustomed to self-help, and tensions between an ideal of public justice and a culture of private retribution. Criminal jurisdiction served as a primary marker of political authority, and the late medieval criminal court became a nexus of power at many levels—signorial, communal, and judicial. It was also a place where the lives of people from all walks of life came into direct contact with the results of the high medieval legal revolution, which yielded inquisition procedure. In the late middle ages, the dynamic created by these fundamental tensions would transform the history of criminal justice.”

Brill (2016) 232p.

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Manifest Madness

By Arlie Loughnan.

Mental Incapacity in Criminal Law. Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex interaction of legal doctrines and practices relating to mental incapacity and knowledge - both expert and non-expert - of it, this book offers a fresh perspective on this topic.

Oxford (2012) 307 pages.

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The Forgotten Army

By Charity Organization Society of the City.

Six Years' Work of the Committee on Criminal Courts of the Charity Organization Society of the City of New York, 1911-1917: A story of its work for the clean, intelligent and kindly administration of our Inferior Criminal Courts.

Harrow and Heston Classic Reprint. (1918) 58 pages.

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Contested Justice

By Christian De Vos, Sara Kendall and Carsten Stahn.

The Politics and Practice of International Criminal Court Interventions.“This timely, perceptive book brings together leading scholars and practitioners to reflect on the field of international criminal justice through focusing on a singular institution: the International Criminal Court (ICC). Drawing on a range of experience, empirical work, and normative theory, it seeks to come to grips with a remarkable development – the creation of a permanent, international court meant to adjudicate mass crimes – through assessing the ICC’s work in practice, given now more than a decade of experience to explore. The ICC is a clear innovation in global governance. A relatively new legal institution, it was intended as an evident departure from past exceptional tribunals associated with particular conflicts. “

Cambridge University Press. (2015) 526 pages.

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Justice and the Child

By Douglas Pepler.

“But these enactments are Of little value unless supported by public opinion and executed according to the spirit rather than the letter of the law. There are a few towns where it is determined that no effort Shall be spared to give a lad a new chance, where it is realised that the first Offence will not be the last unless there is skilled intervention by the right sort of person. Where the effort is made it can always be traced to the interest of one person in the fate of one child. The work cannot develop except on that foundation, it cannot exist except there be this personal desire among men to seek and save that which appears to be lost.”

London: Constable, 1915. 163p.

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Children's courts in the United States their origin, development, and results.

International Penal and Prison Commission

“If the question be asked, What is the most notable development in judicial principles and methods in the United States within the last five years? 'the answer may unhesitatingly be, The introduction and establishment of juvenile courts. Never perhaps has any judicial reform made such rapid progress. Beginning in Chicago in 1899, this institution has sprung up in city after city and State after State until it is now established in eight States and eleven large cities.”

A Read-Me.Org Classic Reprint. Washington, DC: Government Printing Office, 1904. 203p.

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Criminal Responsibility and Social Constraint

By Ray Madding McConnell.

“Among the most expensive functions of government is that which is concerned with the detection, arrest, trial, and punishment of criminals. The expenditures in connection with police, courts, and prisons exceed in amount the outlay for the conservation and improvement of health, the necessities and conveniences of travel and intercourse, highways, parks, and playgrounds, and about equal the costs of education/ When any one begins to philosophize about the raison d^etre of this enormously expensive arrangement for dealing with crime and criminals, he naturally asks first for its purpose —What is the object of it all? What kind of return does this investment bring in? Society has schools for the ignorant. It has accident stations, ambulance corps, dispensaries, and hospitals for the injured and diseased. It has special educational institutions for the feebleminded, the blind, the deaf, and the dumb. It has homes for the aged, the infirm, and the incapacitated. It has asylums and hospitals for the epileptic and the insane. But for the criminals, society has detectives, bureaus of criminal identification, police, judges, jailers, and executioners —houses of correction, penal colonies, jails, penitentiaries^ the gallows, and the electric chair. What is the ground for the difference in treatment that is accorded to this last class? "

New York: Scribner, 1912. 356p.

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Race and Criminal Justice

By Michael J. Lynch and E. Britt Patterson.

Collection of original and authoritative articles covering role and definition of race in criminal justice research, bias crimes, race and policing, juvenile justice, and much more. CONTENTS: 1. Law, Justice, and "Americans": An Historical Overview/Bailey. 2./Garofalo. 3.Minorities and the Police/Smith,Graham and Adams. 4.Bias in Formalized Bail Procedures/Patterson and Lynch. 5. Ethnic, Racial, and Minority Disparity in Felony Court Processing/ Farnworth,Teske and Thurmond. 6. Race and the Death Penalty in the United States/ Bohm. 7.The Over-representation of Blacks in Florida'sJuvenile Justice System/Tollett and Close. 8. American Indians and Criminal Justice/ Zatz, Chiago, Lujan and Snyder-Joy. 9. An Examination of Ethnic Bias in a Correctional Setting:The case of the Mariel Cubans/Clark .10. Racial Codes in Prison Culture/Thomas. RECOMMENDED: Adopted widely throughout the United States for courses on Race and Crime or Criminal Justice. The comprehensive coverage, avoidance of ideological jargon, and use of scientifically controlled studies makes this text is excellent for class use. Use with companion volume, "Justice with Prejudice," which examines the criminal justice management and personnel side of Race and Criminal Justice, and uses a more qualitative and theoretical approach.

Harrow and Heston Publishers. 1985. 205p.

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Common Law, Civil Law, and Colonial Law

Edited by William Eves, John Hudson, Ingrid Ivarsen and Sarah B. White.

Essays in Comparative Legal History from the Twelfth to the Twentieth Centuries. “This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10–13 July 2019. The theme of the conference gives this book its title: ‘comparative legal history’. …. But the chosen topic was also connected to the fact that this was, we think, the first British Legal History Conference held at a university without a Law faculty.”

Cambridge University Press. (2021) 278 pages.

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Access To Justice For Disadvantaged Communities

By Marjorie Mayo, Gerald Koessl, Matthew Scott and Imogen Slater.

This book explores the dilemmas being faced by professionals and volunteers who are aiming to provide access to justice for all and to promote social justice agendas in increasingly challenging contexts. Public service modernisation has been accompanied by increasing marketisation and massive public expenditure cuts, with escalating effects in terms of the growth of social inequalities. As the following chapters illustrate, Law Centres have provided a lens through which to examine the implications of these wider policies, as increasing marketisation has been impacting upon staff and volunteers working to promote social justice in disadvantaged communities.

Policy Press (2014) 174p.

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Justice In The Digital State

By Joe Tomlinson.

Assessing the next revolution in administrative justice. This short book examines three very different ways in which the UK’s administrative justice system is changing due to the influence of technology: the increase in crowdfunded judicial reviews; the digitalisation of tribunals; and the adoption of ‘agile’ methodologies by civil servants tasked with building the administrative justice system…ensuring justice in the digital state is a task that requires us to both study closely the empirical consequences of technology and revisit, and maybe even abandon, existing frameworks for understanding how administrative justice operates.

Bristol University Press.. (2019) 114 pages.

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Participation In Courts And Tribunals

Edited By Jessica Jacobson And Penny Cooper.

Concepts, Realities and Aspirations. Foreword by the Rt Hon Sir Ernest Ryder : “The authors’ central thesis is that people should be able to participate effectively in the court and tribunal proceedings that directly concern them….The study shows that practitioners do, by and large, make sincere efforts to help lay users participate in proceedings; yet many barriers to participation remain which can leave users marginalised in hearings. It is the responsibility of all those who work in courts and tribunals to understand these barriers and take steps to help users overcome them – this study provides insight and practical suggestions. “

Bristol University Press (2020) 198p.

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Crime, Abnormal Minds and the Law

By Ernest Bryant Hoag and Edward Huntington Williams

. “In presenting this book to the public the authors have in mind the need for brief but accurate account of the common mental defects and sociological factors encountered in study of adult criminals, and of delinquent children. From an extensive experience in criminological work, including the psychopathic laboratory and much expert testimony in court, they are convinced that many judges, lawyers, police officials and doctors will welcome the sort of information which is here given. They also have in mind the needs of social service workers, teachers, and students of sociology, and last, but not least, certain part of the general public, which is asking almost in vain for the explanation of the criminal and delinquent behavior which today, more than ever before, presents itself in every large community. The authors have not pretended to offer anything new to experts in the study of abnormal behavior, yet they hope that even some of these will find the case-histories, at least, interesting and perhaps valuable.”

Indianapolis: Bobbs-Merrill, 1923. 405p.

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