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Author: Thomas Scheffer
Publisher: BRILL
ISBN: 9004187502
Category : Social Science
Languages : en
Pages : 326
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Book Description
Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.
Author: Thomas Scheffer
Publisher: BRILL
ISBN: 9004187502
Category : Social Science
Languages : en
Pages : 326
Get Book Here
Book Description
Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.
Author: Robert A. KAGAN
Publisher: Harvard University Press
ISBN: 0674039270
Category : Law
Languages : en
Pages : 353
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Book Description
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author: Stewart Field
Publisher: Bloomsbury Publishing
ISBN: 1509939938
Category : Law
Languages : en
Pages : 279
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Book Description
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 individual responsibility 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.
Author: David L. Banks
Publisher: CRC Press
ISBN: 1498712401
Category : Business & Economics
Languages : en
Pages : 220
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Book Description
Winner of the 2017 De Groot Prize awarded by the International Society for Bayesian Analysis (ISBA)A relatively new area of research, adversarial risk analysis (ARA) informs decision making when there are intelligent opponents and uncertain outcomes. Adversarial Risk Analysis develops methods for allocating defensive or offensive resources against
Author: John D Jackson
Publisher: Bloomsbury Publishing
ISBN: 178225837X
Category : Law
Languages : en
Pages : 341
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Book Description
This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
Author: Sandra M. Bucerius
Publisher: Oxford University Press
ISBN: 019090450X
Category : Law
Languages : en
Pages : 657
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Book Description
Despite ethnography's long and distinguished history in the social sciences, its use in criminology is still relatively rare. Over the years, however, ethnographers in the United States and abroad have amassed an impressive body of work on core criminological topics and groups, including gang members, sex workers, drug dealers, and drug users. Ethnographies on criminal justice institutions have also flourished, with studies on police, courts, and prisons providing deep insights into how these organizations operate and shape the lives of people who encounter them. The Oxford Handbook of Ethnographies of Crime and Criminal Justice provides critical and current reviews of key research topics, issues, and debates that crime ethnographers have been grappling with for over a century. This volume brings together an outstanding group of ethnographers to discuss various research traditions, the ethical and pragmatic challenges associated with conducting crime-related fieldwork, relevant policy recommendations for practitioners in the field, and areas of future research for crime ethnographers. In addition to exhaustive overview essays, the handbook also presents case studies that serve as exemplars for how ethnographic inquiry can contribute to our understanding of crime and criminal justice-related topics.
Author: Mayur R. Suresh
Publisher: Fordham Univ Press
ISBN: 1531501788
Category : Social Science
Languages : en
Pages : 173
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Book Description
An ethnography of terrorism trials in Delhi, India, this book explores what modes of life are made possible in the everyday experience of the courtroom. Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused. In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law.
Author: Ephraim Pörtner
Publisher: transcript Verlag
ISBN: 3839453496
Category : Social Science
Languages : en
Pages : 455
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Book Description
Administrative asylum procedures are permeated by tensions between rationalities of legality, efficiency, and deterrence in asylum casework and their various effects on cases. Based on ethnographic research in the Swiss asylum administration, this book unveils the pragmatics and politics of rendering asylum cases resolvable by re-cording the lives of applicants in terms of asylum. With his reading of power and agency in administrations, Ephraim Pörtner offers a critical view of the intricate relationship between practices of asylum casework and the governmental need to resolve claims of people seeking protection.
Author: Shauhin Talesh
Publisher: Edward Elgar Publishing
ISBN: 1788117778
Category : Law
Languages : en
Pages : 535
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Book Description
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Author: Mark Bevir
Publisher: SAGE
ISBN: 1412905796
Category :
Languages : en
Pages : 1233
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Book Description
