American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal…
"The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices…
By comparing approaches to the doctrine of fitness to stand trial across several common law jurisdictions, the civil law regimes of Italy and the Netherlands, and under international law, this collection analyses the latest case law, uncovers common weaknesses in the varied legi…
There has been a significant increase in the focus on sex offending in recent years. This has occurred in both the academic and the public spheres. In attempting to understand sexual offending, this collection recognizes two different discourses that currently operate in relatio…
Children are the group most likely to be victimized yet least likely to report the crimes against them. Because of their unique vulnerability, an elaborate set of protections tries to secure their safety at home, in school, and in the community, yet they often experience further…
The essays in this book look in particular at the 'responsibility to prevent' mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration.
To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. This book draws on government documents and interviews with policymakers, to enrich a broader debate which has to …
"International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed…
"The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ign…
Justice Stevens, a Republican appointee of President Gerald Ford, had a professional reputation as a corporate antitrust law attorney, he immediately asserted himself as the Court's foremost advocate of prisoners' rights and Miranda rights when he arrived at the Court in 1975. I…
Forty years in, the War on Drugs has done almost nothing to prevent drugs from being sold or used, but it has nonetheless created a little-known surveillance state in America's most disadvantaged neighborhoods. Arrest quotas and high-tech surveillance techniques criminalize enti…
"This volume assembles hundreds of cases and studies to provide the most accurate and comprehensive picture of the status of pornography in the criminal justice system. Presenting high-level research in an accessible and organized manner, it explores a range of topics, including…
"In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Re…
Facts and Evidence in Philosophical Epistemology -- Facts and Evidence in Juridical Epistemology -- Facts and Evidence in Criminal Trials. This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of th…
