The Open Access Publisher and Free Library
05-Criminal justice.jpg

CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts in rule of law
Do Exclusionary Rules Ensure a Fair Trial?

Edited by Sabine Gless and Thomas Richter.

A Comparative Perspective on Evidentiary Rules. This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Cham: Springer, 2019. 387p.

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.

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.

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.

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.

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.

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.

Constitutional Challenges in the Algorithmic Society

Edited by Hans-W. Micklitz, Oreste Pollicino , Amnon Reichman, Andrea Simoncini , Giovanni Sartor, and Giovanni de Gregorio.

“ the rise of the bureaucratic state, the technologies for infringing liberty or equality were thought to be containable by the exercise of concrete judicial review… . In recent years, however, the rise of the algorithmic society has led to a paradigmatic change where the public power is no longer the only source of concern for the respect of fundamental rights and the protection of democracy, where jurisdictional boundaries are in flux, and where doctrines and procedures developed in the pre-cybernetic age do not necessarily capture rights violations in a relevant time frame.”

Cambridge University Press. (2021) 300 pages.

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.

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.

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.

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.

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.

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.

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.

Lynch Lawyers

By William Patterson White.

Exerpt: his lips with relish as he gazed at his brother. Red began to swear. He heatedly cursed the robbers and their immediate ancestors as he hitched up his chaps and started off in the direction of his brother's corral.

"I'm gonna borrow one o' yore hosses," he flung back over his shoulder.

"Help yoreself," Tom called after him. "Take Jack Owens saddle. She's hangin inside the front door."

"Guess we've done learned all we need here," said the methodical Kansas. "Might as well scare up a posse now an do a li'l trailin."

They had no need to scare up a posse. Every Farewell citizen, on hearing the news….

Boston Little Brown (1920) 407p.

On the Witness Stand

By Hugo Munsterberg.

Essays on Psychology and Crime. “There are about fifty psychological laboratories in the United States alone. The average educated man has hitherto not noticed this. If he chances to hear of such places, he fancies that they serve for mental healing, or telepathic mysteries, or spiritistic performances. What else can a laboratory have to do with the mind? Has not the soul been for two thousand years the domain of the philosopher? What has psychology to do with electric batteries and intricate machines? Too often have I read such questions in the faces of visiting friends who came to the Harvard Psychological Laboratory in Emerson Hall and found, with surprise, twenty-seven rooms over spun with electric wires and filled with chronoscopes and kymographs and tachistoscopes and ergographs, and a mechanic busy at his work.”

New York: Doubleday, 1908. 269p.

Cicero's Law

Edited by Paul J. du Plessis.

This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic – a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.

University of Edinburgh Press (2018) 253 pages.

Borderlands

By Emmanuel Baunet-Jailly.

Comparing Border Security in North America and Europe. This book addresses this gap between security needs and an understanding of borders and borderlands. Specifically, the chapters in this volume ask policy-makers to recognize that two fundamental elements define borders and borderlands: first, human activities (the agency and agent power of individual ties and forces spanning a border), and second, the broader social processes that frame individual action, such as market forces, government activities (law, regulations, and policies), and the regional culture and politics of a borderland.

University of Ottawa Press (2007) 404 pages.