Download or read book Dilemmas in the Courtroom written by Martha L. Komter and published by Routledge. This book was released on 2020-07-24 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior. This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem. Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment. Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events. Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.
Download or read book Dilemmas in the Courtroom written by Martha Komter and published by . This book was released on 1998 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emotional Trials written by Cynthia Siemsen and published by UPNE. This book was released on 2004 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women criminal defense attorneys routinely handle cases that would grossly offend the sensibilities of the ordinary woman or man. Often asked to use their gender as a strategy to strengthen the defense, they struggle with myriad moral and ideological conflicts inherent in representing men accused of such violent crimes against women as rape, domestic abuse, and child molestation. This groundbreaking work explores how women attorneys manage those conflicts, how they use ideologies in defense of their work, and how they cope with the emotional stress of their professional lives. Drawing on extensive interviews and ethnographic research, Cynthia Siemsen presents thirteen provocative case studies to illustrate the unique interplay between ideology and emotion in these women. Skillfully blending the words of criminal attorneys themselves with a solid theoretical framework, she explores the ways in which women's perspectives about their identities, roles, and emotions evolve through three distinct stages: early, mid-career, and seasoned attorney. Siemsen argues convincingly that the stresses of public defense work, including dealing with such burdens as California's stringently enforced three-strikes law, create much more conflict for women than intrinsic contradictions between feminist beliefs and professional ideologies. The longer a woman practices law, the author finds, the better she becomes at managing her emotions by strictly adhering to the constitutional ideal of protecting individual rights. An appendix, "Ambivalent Identities: Men of Color Who Prosecute Their 'Own,'" offers a comparative viewpoint of the experiences of African American male prosecutors. This insightful volume offers a unique lens through which to view the work lives of women criminal defense attorneys and sheds new light on how they resolve and survive the moral dilemmas and emotional stress of their jobs.
Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Download or read book Tut Tut Mr Tutt written by Arthur Train and published by Good Press. This book was released on 2020-12-08 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Tut! Tut! Mr. Tutt" by Arthur Train. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Download or read book Battered Women in the Courtroom written by James Ptacek and published by UPNE. This book was released on 1999 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, a study of the ways in which judges respond to abused women.
Download or read book The Trolley Problem Mysteries written by Frances Myrna Kamm and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Trolley Problem Mysteries' considers whether who turns the trolley and/or how it is turned (or otherwise stopped) affect the moral permissibility of acting and suggests general proposals for when we may and may not harm some people to help others.
Download or read book Ethical Justice written by Brent E. Turvey and published by Academic Press. This book was released on 2013-06-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook was developed from an idiom shared by the authors and contributors alike: ethics and ethical challenges are generally black and white - not gray. They are akin to the pregnant woman or the gunshot victim; one cannot be a little pregnant or a little shot. Consequently, professional conduct is either ethical or it is not. Unafraid to be the harbingers, Turvey and Crowder set forth the parameters of key ethical issues across the five pillars of the criminal justice system: law enforcement, corrections, courts, forensic science, and academia. It demonstrates how each pillar is dependent upon its professional membership, and also upon the supporting efforts of the other pillars - with respect to both character and culture. With contributions from case-working experts across the CJ spectrum, this text reveals hard-earned insights into issues that are often absent from textbooks born out of just theory and research. Part 1 examines ethic issues in academia, with chapters on ethics for CJ students, CJ educators, and ethics in CJ research. Part 2 examines ethical issues in law enforcement, with separate chapters on law enforcement administration and criminal investigations. Part 3 examines ethical issues in the forensic services, considering the separate roles of crime lab administration and evidence examination. Part 4 examines ethical issues in the courts, with chapters discussing the prosecution, the defense, and the judiciary. Part 5 examines ethical issues in corrections, separately considering corrections staff and treatment staff in a forensic setting. The text concludes with Part 6, which examines ethical issues in a broad professional sense with respect to professional organizations and whistleblowers. Ethical Justice: Applied Issues for Criminal Justice Students and Professionals is intended for use as a textbook at the college and university, by undergraduate students enrolled in a program related to any of the CJ professions. It is intended to guide them through the real-world issues that they will encounter in both the classroom and in the professional community. However, it can also serve as an important reference manual for the CJ professional that may work in a community that lacks ethical mentoring or leadership. First of its kind overview of the five pillars of criminal justice: academia, law enforcement, forensic services, courts and corrections Written by practicing criminal justice professionals, from across every pillar Offers a realistic overview of ethical issues confronted by criminals justice students and professionals Examines sensitive subjects often ignored in other criminal justice ethics texts Numerous cases examples in each chapter to facilitate instruction and learning
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Ethical Problems in the Practice of Law written by Lisa G. Lerman and published by Aspen Publishing. This book was released on 2018-01-31 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethical Problems in the Practice of Law, Concise Fourth Edition is the briefer version of Lerman and Schrag’s highly successful problem-based textbook that offers a contemporary and thoughtful approach to challenging ethical dilemmas, encouraging deep analysis and lively class discussion. Key Features: Succinct and accessible explanation of lawyer law in question and answer format Numerous problems based on actual cases, in which students must analyze the ethical and strategic issues as if they were practicing lawyers Focus on issues that students are most likely to face in their early years of practice Stimulating presentation of materials, including cartoons, tables, and photos New to the Fourth Edition: Updates of countless recent developments in lawyer law, including the amendments to Rules 1.6, 1.18 and 8.4 Up-to-date discussions of how the Internet is affecting law practice, including the use of e-mail and social media Engaging two-color design New chapter on the changing legal profession Reorganized so that the chapters match the practice MPRE questions in Lerman, Schrag, and Gupta’s Ethical Problems in the Practice of Law: Model Rules, State Variations and Practice Questions.
Download or read book Ethical Dilemmas and Decisions in Criminal Justice written by Joycelyn M. Pollock and published by Wadsworth Publishing Company. This book was released on 2016-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Develop the ethical decision-making skills that are essential in the field of criminal justice with the help of ETHICAL DILEMMAS AND DECISIONS IN CRIMINAL JUSTICE, 9th Edition. Packed with current, real-world examples, the text offers comprehensive coverage of ethics across all three arms of the criminal justice system: the police, the courts, and corrections. It combines coverage of the philosophical principles and theories that are the foundation of ethical decision-making with the latest challenges and issues in criminal justice -- militarization of the police, mass imprisonment, wrongful convictions, the misuse of power by public servants, and more. Hands-on exercises, real-life cases, and practical scenarios illustrate the significance of ethics in today's criminal justice arena. Whether you plan to work in the field of policing, courts, or corrections, this book delivers the information and tools you need to deal effectively with ethical challenges on the job.
Download or read book Lawyers in Practice written by Leslie C. Levin and published by University of Chicago Press. This book was released on 2012-03-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Download or read book Ethics Conflict and Medical Treatment for Children E Book written by Dominic Wilkinson and published by Elsevier Health Sciences. This book was released on 2018-08-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents’ wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new ‘dissensus’ framework for future cases of disagreement. This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people.
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on doctoral thesis, University of Cambridge, 2015. --Page vii.
Download or read book The Doll Dilemma written by Caron Pescatore and published by Pesky Books 4Kidz. This book was released on 2022-02-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A doll destroyed. A boy accused. A girl determined to prove his innocence.Eleven-year-old Luana Porcello dreams of following in her parents' lawyerly footsteps. So when her pal's twin accuses him of destroying her beloved doll, the aspiring attorney organizes her friends into a kids' court to get to the bottom of who did the dirty deed.Set on vindicating her client, Luana quickly realizes raising reasonable doubt is not as easy as it seems. And with a stuck-up teenaged judge, a bailiff more about the badge than duty, and a relentless prosecutor insisting on doing things just like on TV, the junior legal eagle fears her first case may end up with a wrongful conviction.Can Luana make the truth come out before the gavel comes down on a miscarriage of justice?
Download or read book The Child Witness written by Nancy W. Perry and published by SAGE Publications, Incorporated. This book was released on 1991-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book for professionals who seek an integrated, up-to-date review of psychological research and recent court cases dealing with children as witnesses in court. It is organized around four issues: the competence of children as witnesses, the credibility of children, the rights of children and the rights of the accused. Child and adolescent development is reviewed from a psychological perspective. Recent research on issues of comprehension, memory and communication skills of children are described alongside the reactions of various audiences - lawyers, judges and juries - to the children's credibility. Procedures designed to reduce the traumatization of children who testify in court are described and evaluated.
