Download or read book Adversarial versus Inquisitorial Justice written by Peter J. van Koppen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Download or read book Readings on Adversarial Justice written by Stephan Landsman and published by West Academic Publishing. This book was released on 1988 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.
Download or read book Adversarial Justice and Victims Rights written by Mary Iliadis and published by . This book was released on 2022-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. This book explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims' procedural and substantive justice concerns. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book also considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, this book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims' experiences of the legal process. Reconceptualising the role of sexual assault victims from 'witnesses' to 'participants' will also increase the likelihood that victims' rights and interests will be considered alongside those of the state and the accused. This book situates its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems and outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims' Rights will interest academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as undergraduate and postgraduate students researching sexual violence and victims' access to justice"--
Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Non Adversarial Justice written by Michael King and published by Federation Press. This book was released on 2014-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
Download or read book Special Advocates in the Adversarial System written by John Jackson and published by Routledge. This book was released on 2019-07-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Download or read book Adversarial Legalism written by Robert A. Kagan and published by Harvard University Press. This book was released on 2019-10-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. “This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” —Lawrence Friedman, Stanford University “A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” —Charles R. Epp, Law and Society Review
Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Download or read book Hearing the Victim written by Anthony Bottoms and published by Routledge. This book was released on 2010-03-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years far more attention has been paid to victims of crime both in terms of awareness of the effect of crime upon their lives, and in changes that have been made to the criminal justice system to improve their rights and treatment. This process seems set to continue, with legislative plans announced to rebalance the criminal justice system in favour of the victim. This latest book in the Cambridge Criminal Justice Series brings together leading authorities in the field to review the role of the victim in the criminal justice system in the context of these developments.
Download or read book Inventing American Exceptionalism written by Amalia D. Kessler and published by Yale University Press. This book was released on 2017-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Download or read book Failed Justice written by Richard D. Sparkman and published by Xlibris Corporation. This book was released on 2011-10-24 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: True Crime/Law/Current Affairs/Political Science and Government Provocation Sparkman use thought-provoking cases to illustrate the failures of a trial system we revere only because we have been told it is the best in the world — a system we have been too arrogant to question. Charley “I won’t leave any witnesses next time.” Charley stated after being sentenced to ten years for the rape of three women. He subsequently pulled just over two years. Dwayne I asked Dwayne when he would stop committing crimes. He smiled his warm smile and replied. “When I’m dead.” Myth America has the greatest and fairest legal system conceived by the mind of man. Truth America has a trial system that cannot control crime and has legal services that are too complex and too expensive. More Truth We have a large legal profession — criminal defense lawyers — who labor to return drunk drivers to our streets, burglars to our homes, and child molesters to our neighborhoods. Revelation It works! We have the highest crime rate in the world with no apparent remedy other than surrendering our rights and building a police state. Solution Scrap our trial system and build a new one, effecting the most fundamental change in American government since 1789. Read Failed Justice, then send it to our leaders.
Download or read book Beyond the Adversarial System written by Helen Stacy and published by Federation Press. This book was released on 1999 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Download or read book Criminal Justice A Very Short Introduction written by Julian V. Roberts and published by OUP Oxford. This book was released on 2015-08-27 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Download or read book Fighting for Justice written by John Hostettler and published by Waterside Press. This book was released on 2006-10-19 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adversary trial emerged in England in the 18th century. Its origins and significance had tended to go unrecognized by judges, lawyers, jurists, and researchers until relatively modern times. Even now, there is considerable dispute as to how and why adversary trial came into existence, and little connection has been made with the fact that its existence contributed to the genesis of a the modern doctrine of human rights, whereby citizens are able to make a stand against the power of the state or vested interest. Fighting for Justice focuses on the birth and meaning of adversary trial, including the key role of Sir William Garrow. The book assesses how deep-rooted is the notion of opposing parties in the common law and the English psyche generally, and that of countries such as the US that have followed the same pattern whereby legal representatives champion the cause of individuals. The book touches on moves through restorative justice around the world, to alter adversarial systems in favor of a less conflict based approach. Because justice and the rule of law are frequently nowadays under attack, Fighting for Justice will be a valuable aid to understanding the contributions that have been made to the overall development of criminal justice and common law systems.
Download or read book Evidence the Adversarial Process written by Jenny McEwan and published by Hart Publishing. This book was released on 1998-09-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a self-contained but critical account of the manner in which cases are tried in England and Wales.
