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2018 (4)

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Book
Rape Trials in England and Wales : Observing Justice and Rethinking Rape Myths
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ISBN: 3319756745 3319756737 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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Abstract

In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law. .


Book
Plea Negotiations : Pragmatic Justice in an Imperfect World
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ISBN: 3319926292 3319926306 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome. Asher Flynn is Senior Lecturer in Criminology and Director of the Social and Political Sciences Graduate Research Program, Monash University, Australia. Arie Freiberg is Emeritus Professor at Monash University, Australia.


Book
Judges, Judging and Humour
Authors: ---
ISBN: 3319767372 3319767380 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.


Book
Court Interpreters and Fair Trials
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ISBN: 331975355X 3319753541 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

Keywords

Computational linguistics. --- International criminal law. --- Social justice. --- Human rights. --- Criminology and Criminal Justice. --- Human Rights and Crime. --- Social Justice, Equality and Human Rights. --- Juries and Criminal Trials. --- International Criminal Law. --- Criminal Justice. --- Language Translation and Linguistics. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Equality --- Justice --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Automatic language processing --- Language and languages --- Language data processing --- Linguistics --- Natural language processing (Linguistics) --- Applied linguistics --- Cross-language information retrieval --- Mathematical linguistics --- Multilingual computing --- Law and legislation --- Data processing --- Courts --- Court interpreting and translating --- Translators --- Interpreters --- Linguists --- Translating services --- Bilingual court services --- Translating and interpreting --- Officials and employees. --- Training of --- Criminology. --- Trials. --- Criminal justice, Administration of. --- Natural language processing (Computer science). --- Human Rights and Crime . --- International Criminal Law . --- Natural Language Processing (NLP). --- NLP (Computer science) --- Artificial intelligence --- Electronic data processing --- Human-computer interaction --- Semantic computing --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Crime --- Criminals --- State trials --- Court proceedings --- Procedure (Law) --- Social sciences --- Study and teaching

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