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Sentencing the Self-Convicted: The Ethics of Pleading Guilty
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?
Sentencing Youth to Life in Prison: Justice Denied
by James Windell Kathi Milliken-BoydThis book analyzes the impact of the U.S. Supreme Court rulings deeming juvenile life without parole (LWOP) sentences to be cruel and unusual punishment. These Court decisions brought about controversy and resistance in the criminal justice field, while at the same time providing hope for those 2,300 people who never thought they had a chance to experience life as an adult outside prison. By looking in depth at the lives of some of the individuals serving life terms, and understanding both the prosecutors who oppose review and resentencing of juvenile lifers and those who are sincerely following the Supreme Court’s guidelines, this book provides a comprehensive understanding of the issues – as well as the people – involved in the sentencing (and potential resentencing) of juveniles to life without the possibility of parole. The authors provide unique, perceptive and straightforward profiles on some of the prisoners who were ultimately sentenced to LWOP after being involved in criminal offenses committed before their 18th birthdays. The book poignantly features the experiences of young people who did not commit a murder yet were still sentenced to life terms, but also delves into the perspectives of the families of victims of juvenile offenders, prosecutors on both sides of the issue, psychologists who have interviewed many of the juvenile lifers and advocates for change in the way juveniles are treated by the criminal justice system. The decisions in Miller v. Alabama and Montgomery v. Louisiana clearly demonstrated that the Court’s view of juveniles evolved over decades to reflect advances in our understanding of the unique characteristics of youth and their involvement in juvenile crimes. This book takes the position that the sentence of life without the possibility of parole for youth is wasteful of both human lives and scarce public resources. The authors write about the human concerns on both sides of the question, and, ultimately, allow readers to make their own decisions about how society should best handle juvenile offenders. This engaging ethnographic treatment will appeal to students and scholars of criminology, corrections, juvenile justice, and delinquency; practitioners working in social policy; and all those interested in a criminal justice system capable of positive outcomes for involved youth.
Sentencing Youth to Life in Prison: Justice Denied
by James Windell Kathi Milliken-BoydThis book analyzes the impact of the U.S. Supreme Court rulings deeming juvenile life without parole (LWOP) sentences to be cruel and unusual punishment. These Court decisions brought about controversy and resistance in the criminal justice field, while at the same time providing hope for those 2,300 people who never thought they had a chance to experience life as an adult outside prison. By looking in depth at the lives of some of the individuals serving life terms, and understanding both the prosecutors who oppose review and resentencing of juvenile lifers and those who are sincerely following the Supreme Court’s guidelines, this book provides a comprehensive understanding of the issues – as well as the people – involved in the sentencing (and potential resentencing) of juveniles to life without the possibility of parole. The authors provide unique, perceptive and straightforward profiles on some of the prisoners who were ultimately sentenced to LWOP after being involved in criminal offenses committed before their 18th birthdays. The book poignantly features the experiences of young people who did not commit a murder yet were still sentenced to life terms, but also delves into the perspectives of the families of victims of juvenile offenders, prosecutors on both sides of the issue, psychologists who have interviewed many of the juvenile lifers and advocates for change in the way juveniles are treated by the criminal justice system. The decisions in Miller v. Alabama and Montgomery v. Louisiana clearly demonstrated that the Court’s view of juveniles evolved over decades to reflect advances in our understanding of the unique characteristics of youth and their involvement in juvenile crimes. This book takes the position that the sentence of life without the possibility of parole for youth is wasteful of both human lives and scarce public resources. The authors write about the human concerns on both sides of the question, and, ultimately, allow readers to make their own decisions about how society should best handle juvenile offenders. This engaging ethnographic treatment will appeal to students and scholars of criminology, corrections, juvenile justice, and delinquency; practitioners working in social policy; and all those interested in a criminal justice system capable of positive outcomes for involved youth.
The Sentimental Life of International Law: Literature, Language, and Longing in World Politics
by Gerry SimpsonThe Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.
The Sentimental Life of International Law: Literature, Language, and Longing in World Politics
by Gerry SimpsonThe Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.
Sentimentalism, Ethics and the Culture of Feeling
by M. BellSentimentalism, Ethics and the Culture of Feeling defends feeling against customary distrust or condescension by showing that the affective turn of the eighteenth-century cult of sentiment, despite its sometimes surreal manifestations, has led to a positive culture of feeling. The very reaction against sentimentalism has taught us to identity sentimentality. Fiction, moreover, remains a principal means not just of discriminating quality of feeling but of appreciating its essentially imaginative nature.
A Sentimentalist Theory of the Mind
by Michael SloteMichael Slote argues that emotion is involved in all human thought and action on conceptual grounds, rather than merely being causally connected with other aspects of the mind. This kind of general sentimentalism about the mind goes beyond that advocated by Hume, and the book's main arguments are only partially anticipated in German Romanticism and in the Chinese philosophical tendency to avoid rigid distinctions between thought and emotion. The new sentimentalist philosophy of mind Slote proposes can solve important problems about the nature of belief and action that other approaches -- including Pragmatism -- fail to address. In arguing for the centrality of emotion within philosophy of the mind, A Sentimentalist Theory of the Mind continues the critique of rationalist philosophical views that began with Slote's Moral Sentimentalism (OUP, 2010) and continued in his From Enlightenment to Receptivity (OUP, 2013). This new book also delves into what is distinctive about human minds, arguing that there is a greater variety to ordinary human motives than has been recognized and that emotions play a central role in this complex psychology.
Separate but Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture (Studies in Postwar American Political Development)
by Amanda Hollis-Brusky Joshua C. WilsonFueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture. In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture. Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.
Separate but Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture (Studies in Postwar American Political Development)
by Joshua C. Wilson Amanda Hollis-BruskyFueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture. In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture. Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.
Separated: Family and Community in the Aftermath of an Immigration Raid
by William D. LopezOn a Thursday in November of 2013, Guadalupe Morales waited anxiously with her sister-in-law and their four small children. Every Latino man who drove away from their shared apartment above a small auto repair shop that day had failed to return—arrested, one by one, by ICE agents and local police. As the two women discussed what to do next, a SWAT team clad in body armor and carrying assault rifles stormed the room. As Guadalupe remembers it, "The soldiers came in the house. They knocked down doors. They threw gas. They had guns. We were two women with small children... The kids terrified, the kids screaming."In Separated, William D. Lopez examines the lasting damage done by this daylong act of collaborative immigration enforcement in Washtenaw County, Michigan. Exploring the chaos of enforcement through the lens of community health, Lopez discusses deportation's rippling negative effects on families, communities, and individuals. Focusing on those left behind, Lopez reveals their efforts to cope with trauma, avoid homelessness, handle worsening health, and keep their families together as they attempt to deal with a deportation machine that is militarized, traumatic, implicitly racist, and profoundly violent. Lopez uses this single home raid to show what immigration law enforcement looks like from the perspective of the people who actually experience it. Drawing on in-depth interviews with twenty-four individuals whose lives were changed that day in 2013, as well as field notes, records obtained under the Freedom of Information Act, and his own experience as an activist, Lopez combines rigorous research with narrative storytelling. Putting faces and names to the numbers behind deportation statistics, Separated urges readers to move beyond sound bites and consider the human experience of mixed-status communities in the small everyday towns that dot the interior of the United States.
Separated: Family and Community in the Aftermath of an Immigration Raid
by William D. LopezOn a Thursday in November of 2013, Guadalupe Morales waited anxiously with her sister-in-law and their four small children. Every Latino man who drove away from their shared apartment above a small auto repair shop that day had failed to return—arrested, one by one, by ICE agents and local police. As the two women discussed what to do next, a SWAT team clad in body armor and carrying assault rifles stormed the room. As Guadalupe remembers it, "The soldiers came in the house. They knocked down doors. They threw gas. They had guns. We were two women with small children... The kids terrified, the kids screaming."In Separated, William D. Lopez examines the lasting damage done by this daylong act of collaborative immigration enforcement in Washtenaw County, Michigan. Exploring the chaos of enforcement through the lens of community health, Lopez discusses deportation's rippling negative effects on families, communities, and individuals. Focusing on those left behind, Lopez reveals their efforts to cope with trauma, avoid homelessness, handle worsening health, and keep their families together as they attempt to deal with a deportation machine that is militarized, traumatic, implicitly racist, and profoundly violent. Lopez uses this single home raid to show what immigration law enforcement looks like from the perspective of the people who actually experience it. Drawing on in-depth interviews with twenty-four individuals whose lives were changed that day in 2013, as well as field notes, records obtained under the Freedom of Information Act, and his own experience as an activist, Lopez combines rigorous research with narrative storytelling. Putting faces and names to the numbers behind deportation statistics, Separated urges readers to move beyond sound bites and consider the human experience of mixed-status communities in the small everyday towns that dot the interior of the United States.
Separating Church and State: A History (Religion and American Public Life)
by Steven K. GreenSteven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
Separating Powers: International Law before National Courts
by David HaljanThe more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
The Separation of Powers and Legislative Interference in Judicial Process: Constitutional Principles and Limitations
by Peter GerangelosThis book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).
Separation of Powers in African Constitutionalism (Stellenbosch Handbooks In African Constitutional Law)
by Charles M. FombadThe new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
The Separation Of Powers In The Contemporary Constitution: Judicial Competence And Independence In The United Kingdom (PDF)
by Roger MastermanIn this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
SEPs, SSOs and FRAND: Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Routledge Research in Intellectual Property)
by Kung-Chung Liu Reto M. HiltyThis book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
SEPs, SSOs and FRAND: Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Routledge Research in Intellectual Property)
by Kung-Chung Liu Reto M. HiltyThis book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
Sepúlveda on the Spanish Invasion of the Americas: Defending Empire, Debating Las Casas (The History and Theory of International Law)
by Luke Glanville, David Lupher, Maya Feile TomesThis volume presents the first full English translation of four key texts from the dispute between Juan Ginés de Sepúlveda and Bartolomé de las Casas regarding the justice of Spain's invasion of the Americas, culminating in their famous debate in Valladolid in 1550-51. An impassioned defence of the invasion, Sepúlveda's Democrates secundus (composed around 1544) amplified the controversy within Spain about the justice of its activities in the Americas. When Las Casas schemed to block publication of Sepúlveda's manuscript, Sepúlveda wrote an Apologia (1550) in its defence. Tensions were so high that Emperor Charles V called a temporary halt to undertakings in the Americas and convoked a meeting of theologians and jurists in Valladolid to address the matter. Here, Sepúlveda and Las Casas debated bitterly. Las Casas subsequently printed a composite record of the Valladolid deliberations (Aquí se contiene una disputa o controversia, 1552). Sepúlveda retaliated by penning a furious response (Proposiciones temerarias y de mala doctrina, around 1553-54) and strove to have Las Casas' text banned by the Inquisition. The debate between Sepúlveda and Las Casas was a pivotal moment in the history of international legal thought. They argued over fundamental matters of empire and colonial rule; natural law and cultural difference; the jurisdiction of the Church, responsibilities of Christian rulers, and rights of infidel peoples; the just reasons for war and grounds for resistance; and the right to punish idolatry, protect innocents from tyranny, and subjugate unbelievers for the purpose of spreading the Christian faith. With a detailed scholarly introduction that elucidates the complex story of these four controversial texts and reflects on the impacts of Sepúlveda's ideas, which continue to be felt in the theories and practices of war today, this book is a must-read for all those interested in the fields of history, political science, international relations, and colonial studies.
Sepúlveda on the Spanish Invasion of the Americas: Defending Empire, Debating Las Casas (The History and Theory of International Law)
This volume presents the first full English translation of four key texts from the dispute between Juan Ginés de Sepúlveda and Bartolomé de las Casas regarding the justice of Spain's invasion of the Americas, culminating in their famous debate in Valladolid in 1550-51. An impassioned defence of the invasion, Sepúlveda's Democrates secundus (composed around 1544) amplified the controversy within Spain about the justice of its activities in the Americas. When Las Casas schemed to block publication of Sepúlveda's manuscript, Sepúlveda wrote an Apologia (1550) in its defence. Tensions were so high that Emperor Charles V called a temporary halt to undertakings in the Americas and convoked a meeting of theologians and jurists in Valladolid to address the matter. Here, Sepúlveda and Las Casas debated bitterly. Las Casas subsequently printed a composite record of the Valladolid deliberations (Aquí se contiene una disputa o controversia, 1552). Sepúlveda retaliated by penning a furious response (Proposiciones temerarias y de mala doctrina, around 1553-54) and strove to have Las Casas' text banned by the Inquisition. The debate between Sepúlveda and Las Casas was a pivotal moment in the history of international legal thought. They argued over fundamental matters of empire and colonial rule; natural law and cultural difference; the jurisdiction of the Church, responsibilities of Christian rulers, and rights of infidel peoples; the just reasons for war and grounds for resistance; and the right to punish idolatry, protect innocents from tyranny, and subjugate unbelievers for the purpose of spreading the Christian faith. With a detailed scholarly introduction that elucidates the complex story of these four controversial texts and reflects on the impacts of Sepúlveda's ideas, which continue to be felt in the theories and practices of war today, this book is a must-read for all those interested in the fields of history, political science, international relations, and colonial studies.
The Sequence of Event Analysis in Criminal Trials: Scientific Proofs for Tracking Criminal Liabilities in Complex Accidents and Disasters
by Fabrizio D’Errico Maurizio Dalla CasaThis book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.
Serbian Paramilitaries and the Breakup of Yugoslavia: State Connections and Patterns of Violence (Contemporary Security Studies)
by Iva VukušićThis is the first book to offer a comprehensive analysis of the emergence, nature, and function of Serbian paramilitary units during the breakup of Yugoslavia. It addresses crucial questions pertaining to paramilitarism by using the archives of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, which conducted dozens of trials relating to paramilitary violence, and records from judicial proceedings in the region. The book discusses how and why certain important paramilitary units emerged, how they functioned and transformed through the decade, what their relationships and entanglements were with the state, the Milošević regime, and organized crime. The study thus investigates interrelated ideological, political, and social factors and processes fuelling paramilitary engagement and assesses the impact of this engagement on victims of paramilitary violence and on the state and society for which the units purportedly fought. It argues that coordinated action by a number of state institutions gave rise to paramilitaries tasked with altering borders while maintaining plausible deniability for the sponsoring regime. The outsourcing of violence by the state to paramilitaries led to a significant weakening of the very state these units and their sponsors swore to protect. The book also analyzes differences between the units and how they attacked civilians, arguing that the different forms of violence stemmed not only from the function they fulfilled for the state but also the ways in which they were set up and operated. The final chapter brings the different strands of the argument together into a coherent whole, suggesting avenues for further research, in the former Yugoslavia and beyond. This book will be of much interest to students of ethnic conflict and civil war, war crimes, Balkan politics and International Relations in general.
Serbian Paramilitaries and the Breakup of Yugoslavia: State Connections and Patterns of Violence (Contemporary Security Studies)
by Iva VukušićThis is the first book to offer a comprehensive analysis of the emergence, nature, and function of Serbian paramilitary units during the breakup of Yugoslavia. It addresses crucial questions pertaining to paramilitarism by using the archives of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, which conducted dozens of trials relating to paramilitary violence, and records from judicial proceedings in the region. The book discusses how and why certain important paramilitary units emerged, how they functioned and transformed through the decade, what their relationships and entanglements were with the state, the Milošević regime, and organized crime. The study thus investigates interrelated ideological, political, and social factors and processes fuelling paramilitary engagement and assesses the impact of this engagement on victims of paramilitary violence and on the state and society for which the units purportedly fought. It argues that coordinated action by a number of state institutions gave rise to paramilitaries tasked with altering borders while maintaining plausible deniability for the sponsoring regime. The outsourcing of violence by the state to paramilitaries led to a significant weakening of the very state these units and their sponsors swore to protect. The book also analyzes differences between the units and how they attacked civilians, arguing that the different forms of violence stemmed not only from the function they fulfilled for the state but also the ways in which they were set up and operated. The final chapter brings the different strands of the argument together into a coherent whole, suggesting avenues for further research, in the former Yugoslavia and beyond. This book will be of much interest to students of ethnic conflict and civil war, war crimes, Balkan politics and International Relations in general.
Serbia's Antibureaucratic Revolution: Miloševic, the Fall of Communism and Nationalist Mobilization
by N. Vladisavljevic Nebojša Vladisavljevi?The antibureaucratic revolution was the most crucial episode of Yugoslav conflicts after Tito. Drawing on primary sources and cutting-edge research, this book explains how popular unrest contributed to the fall of communism and the rise of a new form of authoritarianism, competing nationalisms and the break-up of Yugoslavia.
Serial Crime: Theoretical and Practical Issues in Behavioral Profiling
by Wayne PetherickSerial Crime provides a theoretical and practical foundation for understanding the motivation and dynamics in a range of serial offenses . It successfully connects concepts and creates links to criminal behavior across crimes —murder, sexual assault, and arson— something no other book available does. The connection of serial behavior to profiling, the most useful tool in discovering behavior patterns, is new to the body of literature available and serves to examine the ideal manner in which profiling can be used in conjunction with psychology to positively affect criminal investigations. The book includes case examples that offer real-world uses of behavioral profiling in investigations, and highlight a variety of issues in understanding and investigating serial crime. The book's primary audience would include criminal profilers, fire investigators, universities offering forensic science/criminal justice programs, and forensic, police, criminal, and behavioral psychologists. The secondary audience would include attorneys and judges involved in criminal litigation, and forensic scientists and consultants (generalists).* Provides a theoretical and practical foundation for understanding the motivation and dynamics in a range of serial offenses* Illustrates the promise, purposes and pitfalls of behavioral profiling in the investigation of various serial crimes* Case examples offer real-world uses of behavioral profiling in investigations, and highlight a variety of issues in understanding and investigating serial crime