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Author: Tracey Booth
Publisher:
ISBN: 9781760020484
Category : Criminal justice, Administration of
Languages : en
Pages : 194
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Book Description
Prominent criminologist, David Garland, has argued that VISs have led us into 'unfamiliar territory where the ideological grounds are far from clear and the old assumptions an unreliable guide'. A victim impact statement (VIS) is a highly nuanced and individual narrative that can operate as both an informational device in the sentencing process and an expressive mechanism for crime victims. From the law perspective, VISs provide the court with details of harm caused by the offence and the consequences of the offending in order to further purposes of sentencing. As an expressive mechanism, VISs offer victims the opportunity and space to express their feelings, tell their personal story of the aftermath of crime, and be heard by the court, the offender, and the wider community. Though a well-established feature of contemporary sentencing hearings (at least in superior courts) VISs remain controversial in common law jurisdictions. The 'non-legal' nature of VISs has generated uncertainty in relation to the functioning of the sentencing hearing and concerns have been raised that VISs are: inconsistent with established legal values, detrimental to the offender's entitlement to a fair hearing, detrimental to victims' wellbeing, and harmful to the integrity of the legal proceedings. Accommodating Justice: Victim Impact Statements in the Sentencing Process explores the complex territory where VISs, the law and legal institutions intersect with a focus on the requirements of fairness, most particularly in the courtroom. And it does so from multiple perspectives: courts, offenders and victims. The book draws from a range of theoretical and doctrinal sources as well as empirical studies from Australia, Canada, the United States and the United Kingdom. An ethnographic study of the performance of VISs in homicide sentencing hearings in the NSW Supreme Court woven through most chapters provides an innovative and evidence-based approach to the issues.
Author: Tracey Booth
Publisher:
ISBN: 9781760020484
Category : Criminal justice, Administration of
Languages : en
Pages : 194
Get Book Here
Book Description
Prominent criminologist, David Garland, has argued that VISs have led us into 'unfamiliar territory where the ideological grounds are far from clear and the old assumptions an unreliable guide'. A victim impact statement (VIS) is a highly nuanced and individual narrative that can operate as both an informational device in the sentencing process and an expressive mechanism for crime victims. From the law perspective, VISs provide the court with details of harm caused by the offence and the consequences of the offending in order to further purposes of sentencing. As an expressive mechanism, VISs offer victims the opportunity and space to express their feelings, tell their personal story of the aftermath of crime, and be heard by the court, the offender, and the wider community. Though a well-established feature of contemporary sentencing hearings (at least in superior courts) VISs remain controversial in common law jurisdictions. The 'non-legal' nature of VISs has generated uncertainty in relation to the functioning of the sentencing hearing and concerns have been raised that VISs are: inconsistent with established legal values, detrimental to the offender's entitlement to a fair hearing, detrimental to victims' wellbeing, and harmful to the integrity of the legal proceedings. Accommodating Justice: Victim Impact Statements in the Sentencing Process explores the complex territory where VISs, the law and legal institutions intersect with a focus on the requirements of fairness, most particularly in the courtroom. And it does so from multiple perspectives: courts, offenders and victims. The book draws from a range of theoretical and doctrinal sources as well as empirical studies from Australia, Canada, the United States and the United Kingdom. An ethnographic study of the performance of VISs in homicide sentencing hearings in the NSW Supreme Court woven through most chapters provides an innovative and evidence-based approach to the issues.
Author: Kimon Lycos
Publisher: Springer
ISBN: 1349084859
Category : Philosophy
Languages : en
Pages : 208
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Book Description
Book 1 of Plato's Republic is often treated as a merely negative prelude to the theory of justice presented in the main body of that book. This study argues that, though an introduction to later ideas, Book 1 has its own positive theme and function: to press for the acceptance of a certain perspective on justice that is opposed to conventional interpretations of it. This perspective requires that justice be seen as 'internal' to the power human beings have to render things (including themselves and their societies) good. The analysis of Plato's dramatic characterisation, as well as the discussion of Socrates' arguments, is guided by the thought that they form aspects of a complex overall strategy through which Plato hopes to overcome the resistance of his contemporaries to the 'Socratic' perspective on justice.
Author: Doug Jones
Publisher: All Points Books
ISBN: 1250201446
Category : Political Science
Languages : en
Pages : 384
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Book Description
The story of the decades-long fight to bring justice to the victims of the 16th Street Baptist Church bombing, culminating in Sen. Doug Jones' prosecution of the last living bombers. On September 15, 1963, the 16th Street Baptist Church in Birmingham, Alabama was bombed. The blast killed four young girls and injured twenty-two others. The FBI suspected four particularly radical Ku Klux Klan members. Yet due to reluctant witnesses, a lack of physical evidence, and pervasive racial prejudice the case was closed without any indictments. But as Martin Luther King, Jr. famously expressed it, "the arc of the moral universe is long, but it bends toward justice." Years later, Alabama Attorney General William Baxley reopened the case, ultimately convicting one of the bombers in 1977. Another suspect passed away in 1994, and US Attorney Doug Jones tried and convicted the final two in 2001 and 2002, representing the correction of an outrageous miscarriage of justice nearly forty years in the making. Jones himself went on to win election as Alabama’s first Democratic Senator since 1992 in a dramatic race against Republican challenger Roy Moore. Bending Toward Justice is a dramatic and compulsively readable account of a key moment in our long national struggle for equality, related by an author who played a major role in these events. A distinguished work of legal and personal history, the book is destined to take its place as a canonical civil rights history.
Author: David Clapham
Publisher: Policy Press
ISBN: 144730635X
Category : Political Science
Languages : en
Pages : 260
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Book Description
For vulnerable older, disabled, or homeless people who need accommodation and support, a variety of different services have been developed, from hostels and group homes to extra-care housing and retirement villages. But do these settings effectively improve the well-being of those who live in them? This book explores the rationale behind these accommodations and the impact different forms of accommodation policy and practice have on the lives of vulnerable people, arguing for a flexible policy approach that places people in control of their own lives. Applying an original evaluation framework to case studies in the United Kingdom and Sweden--two countries with long and differing service histories--Accommodating Difference raises important questions, making it a valuable resource for supported housing practitioners and policy makers, as well as for students of urban studies, planning, and health and social care.
Author: Lucy Welsh
Publisher: Bloomsbury Publishing
ISBN: 1509937846
Category : Law
Languages : en
Pages : 203
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Book Description
This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.
Author:
Publisher:
ISBN:
Category : Discrimination against people with disabilities
Languages : en
Pages : 206
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Book Description
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 822
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Book Description
Author: A.S. Paphiti
Publisher: AuthorHouse
ISBN: 1481787764
Category : Reference
Languages : en
Pages : 485
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Book Description
The military justice system (MJS) comprises the body of law that governs the disciplinary processes within the three Services. It is important to have a separate justice system to ensure that wherever in the world a serviceman is, if he commits a crime or a disciplinary infraction, he knows he will be dealt with according to military law. The prosecution of civilians subject to Service discipline and young offenders is also included. Until 2006, each Service had its own disciplinary system and disciplinary act. The Armed Forces Act 2006 introduced a uniform system for the three Services, harmonizing the offences and methods of disposal. This was an enormous undertaking, which has been largely successful. The legislation still remains a complex area, which is daunting to those who are unfamiliar with the system. This handbook attempts to cover the key provisions. To make the task of advising clients a little easier, by “speaking the same language,” a useful list is included of some common acronyms used in the Services. Bearing in mind the volume of law and regulation, this book is principally designed to give some useful background information about the Service disciplinary system and provide an insight into the main offences charged at summary hearing and court martial. It is a sort of “road map” of the military justice system, which complements the excellent Manual of Service Law and Judge Advocate General’s guidance.
Author: Steven P. Croley
Publisher: NYU Press
ISBN: 1479855006
Category : Law
Languages : en
Pages : 297
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Book Description
"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 818
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Book Description
