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.
Provides an overview of the importance of the role of the victim in the criminal justice system, with an analysis of the different theoretical perspectives within victimology. This book explores the relationship between victimisation and feminism with particular focus on domestic and sexual violence.
This innovative collection presents original theoretical analyses and previously unpublished empirical research on criminal victimisation. Following an overview of the development and deficiencies of victimology,subsequent chapters present more detailed challenges to stereotypical conceptions of victimisation through their focus on: male victims of domestic violence; victims of male-on-male rape; corporate victims; and the 'victim-offenders' who are the recipients of IRA punishment beatings. The second half of the book considers criminal justice responses to victimisation, focusing in particular on the potential of, and limits to, restorative justice, the social (and gendered) construction of the victim within contested trials and the exclusionary nature of current 'victim-centred' initiatives. This important book will further the debate on how we conceptualise victims as well as their appropriate role within the criminal justice system. New Visions of Crime Victims will be of interest to academics, students, criminal justice practitioners and policy-makers. It has particular implications for scholarship in the fields of victimology, restorative justice and feminist approaches to criminology and criminal justice. The integration of work by established criminologists, such as Carolyn Hoyle, Paul Rock, Andrew Sanders and Richard Young with that of young, previously unpublished scholars, makes for an interesting and stimulating book. As well as being a valuable addition to the literature, it can be used to support undergraduate and postgraduate courses in criminal justice and criminology.
This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
Providing a comparative analysis of both vulnerable witnesses and vulnerable suspects, this book discusses the increasingly difficult issue faced by many in modern policing, forensic psychology, criminology, and social justice studies. Examining recent legislation, guidance, current psychological theory, and contemporary research and literature, the book enhances the currently limited knowledge of vulnerability in the criminal justice system (CJS) through the presentation of theoretical understanding, case law and real-life case studies. It also explores how vulnerable victims, witnesses, and suspects progress through the system in England and Wales from initially being identified as vulnerable through to the measures used to assist them during interviews and at trial. In doing so, it provides a historical overview of how vulnerability has previously been considered, and how effective those with vulnerabilities were perceived to be in actively participating in the CJS. Further chapters consider how vulnerable individuals are safeguarded, the differences in services available to them, and what this may lead to in terms of effective participation in the system. How vulnerable groups are interviewed, what is considered best practice, and whether such practices are suitable also come under scrutiny. Exploring Vulnerability in the Criminal Justice System in England and Wales is important reading for students and scholars of policing, forensic psychology, criminology, and social justice studies. It will also be of use for any organisations that conduct internal investigations such as non-government organizations, security and defence organisations, and corporate organizations.
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.
Over the last thirty years, victims of crime have become a staple topic of media interest and policy-making discourse.Drawing on an extensive programme of first-hand empirical data gathered at some 300 English criminal trials, this book examines the practical outcomes of this reform agenda and assesses the meaning, implications and impact of the government's pledge to put victims 'at the heart' of the criminal justice system.The study also draws on in-depth interviews with barristers and solicitors, as well as court administrators and other Local Criminal Justice Board members. The book delves into the policy-making process behind these reforms, based on interviews conducted at key government departments, and offers a model for what a genuinely 'victim centred' criminal justice system might look like in the twenty-first century, drawing on the psychological and sociological literature on narrative responses to traumatic events.
Crime prevention, surveillance, and restorative justice have transformed the response to crime in recent years. Each has had a significant impact on policy, introducing new concepts and reassessing traditional aims and priorities. While such efforts attract a great deal of criminological interest, they tend to be discussed within separate and discr
