Описание: Drawing on insights from the author’s own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses’ oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power.The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies.Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.
Автор: Doherty, Martin Название: Introducing Theory of Mind ISBN: 0415690935 ISBN-13(EAN): 9780415690935 Издательство: Taylor&Francis Рейтинг: Цена: 13015.00 р. Наличие на складе: Поставка под заказ.
Автор: Sarat Название: Is the Death Penalty Dying? ISBN: 110763427X ISBN-13(EAN): 9781107634275 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an analysis of the historical and political conditions that shaped death penalty practice from the end of World War II to the present. It assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations.
Автор: Jesper Ryberg, Julian V Roberts Название: Sentencing the Self-Convicted: The Ethics of Pleading Guilty ISBN: 150995743X ISBN-13(EAN): 9781509957439 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Нет в наличии.
Описание: This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen’s acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years.The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders?- If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
Описание: This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of ‘appropriate’ emotions, ideally including ‘genuine’ remorse. It examines why such expressions of individualresponsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.
Описание: An excellent reference tool, this book explores a range of sentencing-related topics, including the principal purposes of criminal sentences, restorative justice, guilty pleas and plea bargaining, ways to structure sentencing systems, procedural rights during sentencing proceedings, sentencing evidence, and community-based sentences.
Название: Criminal law reform now ISBN: 1509944028 ISBN-13(EAN): 9781509944026 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.
Описание: The dramatic increase in U.S. prison populations since the 1970s is often blamed on the mandatory sentencing required by "three strikes" laws and other punitive crime bills. Michael O'Hear shows that the blame is actually not so easily assigned. His meticulous analysis of incarceration in Wisconsin-a state where judges have considerable discretion in sentencing-explores the reasons why the prison population has ballooned nearly tenfold over the past forty years. O'Hear tracks the effects of sentencing laws and politics in Wisconsin from the eve of the imprisonment boom in 1970 up to the 2010s. Drawing on archival research, original public-opinion polling, and interviews with dozens of key policymakers, he reveals important dimensions that have been missed by others. He draws out lessons from the Wisconsin experience for the United States as a whole, where mass incarceration has cost taxpayers billions of dollars and caused untold misery to millions of inmates and their families.
Автор: Padfield Nicola Название: Blackstone`s Statutes on Criminal Justice & Sentencing ISBN: 0198768362 ISBN-13(EAN): 9780198768364 Издательство: Oxford Academ Рейтинг: Цена: 2691.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Market-leading and first choice for students and lecturers, Blackstone`s Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, Blackstone`s Statutes provide a careful selection of all the up-to-date legislation students need for exams and course use.
Автор: Zaibert Название: Punishment and Retribution ISBN: 1138264067 ISBN-13(EAN): 9781138264069 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.