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CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts in social sciences
Law, Privacy and Surveillance in Canada in the Post-Snowden Era

By Michael Geist.

Years of surveillance-related leaks from US whistleblower Edward Snowden have fuelled an international debate over privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

Ottawa: University of Ottawa Press, 2015. 298p.

Criminal procedures and cross-border cooperation in the EU area of criminal justice: together but apart?

Edited by Élodie Sellier and Anne Weyembergh.

This book examines to what extent differences between national and procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of Member States.

Brussels: Editions de l'Université de Bruxelles, 2020. 463p.

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.

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.

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.

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.

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.

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.

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.

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.

Enquiry Concerning Political Justice

By William Godwin

…and Its Influence on Morals and Happiness. 4th ed.. in 2 Volumes. Vol. l. Enquiry Concerning Political Justice and its Influence on Morals and Happiness is a 1793 book by the philosopher William Godwin, in which the author outlines his political philosophy. It is the first modern work to expound anarchism.

London: J. Watson, 1912. 244p.

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.

Legal Psychology

By M. Ralph Brown.

Psychology Apoplied to the Trial of Cases, to Crime and Its Treatment, and To Mental States and Processes, Indianapolis: “The aim of the author has been to collect and to explain within the covers of this small volume those principles of applied psychology which are of distinct benefit to the legal profession. Usefulness to the practicing lawyer has been the criterion upon which the inclusion or exclusion of material has been based. The field of applied legal psychology is at the present time almost an uncharted one. It is true that there are some few books, and a number of articles or chapters of books, upon this subject, yet on the whole they are so general in treatment, so difficult to obtain, or developed from some other angle than that of serving the lawyer in his work, that it was felt that a volume which would avoid these defects, and which would bring the subject down to date, would not be simply another volume on an old subject, but would be a really creative achievement.”

Bobbs-Merrill, 1926. 346p.

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.