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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. .
Rape --- Social aspects --- Criminology and Criminal Justice. --- Victimology. --- Juries and Criminal Trials. --- Gender, Sexuality and Law. --- Criminal Justice. --- Ethnicity, Class, Gender and Crime. --- Sexual Offending. --- Assault, Criminal (Rape) --- Assault, Sexual --- Criminal assault (Rape) --- Nonconsensual sexual intercourse --- Sexual assault --- Offenses against the person --- Sex crimes --- Trials. --- Sex and law. --- Criminal justice, Administration of. --- Critical criminology. --- Sex crimes. --- Law and sex --- State trials --- Court proceedings --- Procedure (Law) --- Abuse, Sexual --- Sex offenses --- Sexual abuse --- Sexual crimes --- Sexual delinquency --- Sexual offenses --- Sexual violence --- Crime --- Prostitution --- Radical criminology --- Criminology --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Criminal law --- Criminals --- Crime victims --- Victimology --- Victims --- Law and legislation --- Sex
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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.
Criminology and Criminal Justice. --- Juries and Criminal Trials. --- Criminal Justice. --- Human Rights and Crime. --- Gender, Sexuality and Law. --- Victimology. --- Plea bargaining. --- Bargaining, Plea --- Pleas of guilty --- Trials. --- Criminal justice, Administration of. --- Human rights. --- Criminology. --- Sex and law. --- Human Rights and Crime . --- Crime victims --- Victimology --- Victims --- Law and sex --- Sex crimes --- Crime --- Social sciences --- Criminals --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Criminal law --- State trials --- Court proceedings --- Procedure (Law) --- Study and teaching --- Law and legislation --- Sex
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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.
Culture --- Communication. --- Film genres. --- Law --- Law. --- Crime --- Criminology and Criminal Justice. --- Crime and Society. --- Juries and Criminal Trials. --- Cultural Theory. --- Media and Communication. --- Theories of Law, Philosophy of Law, Legal History. --- Genre. --- Criminal sociology --- Criminology --- Sociology of crime --- Sociology --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Genre films --- Genres, Film --- Motion picture genres --- Motion pictures --- Communication, Primitive --- Mass communication --- Cultural studies --- Study and teaching. --- Philosophy. --- Sociological aspects. --- Sociological aspects --- Plots, themes, etc. --- Judges. --- Trials --- Criminal justice, Administration of --- Administration of criminal justice --- Justice, Administration of --- Criminal law --- Criminals --- State trials --- Procedure (Law) --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Judges --- Justices --- Magistrates --- Courts --- Law and legislation --- Legal status, laws, etc. --- Officials and employees --- Court proceedings --- Crime—Sociological aspects. --- Trials. --- Culture-Study and teaching. --- Culture—Study and teaching. --- Law—Philosophy.
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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.
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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