Adversarial Case-Making
Adversarial Case-Making

Author: Thomas Scheffer

Publisher: BRILL

Published: 2010-09-24

Total Pages: 326

ISBN-13: 9004187502

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Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.

A Report Of Some Proceedings On The Commission For The Trial Of The Rebels ... 1746 ... And Of Other Crown Cases
A Report Of Some Proceedings On The Commission For The Trial Of The Rebels ... 1746 ... And Of Other Crown Cases

Author: Michael Foster

Publisher: Legare Street Press

Published: 2023-07-18

Total Pages: 0

ISBN-13: 9781020972669

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This book is a report of some of the proceedings that took place during the Commission for the Trial of the Rebels in 1746. It also includes discourses on a few branches of the Crown Law. The book offers a fascinating look into the legal system of 18th century England. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Crime, Gender, and Sexuality in Criminal Prosecutions
Crime, Gender, and Sexuality in Criminal Prosecutions

Author: Louis A. Knafla

Publisher: Bloomsbury Publishing USA

Published: 2002-07-30

Total Pages: 244

ISBN-13: 0313016364

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Knafla and his contributors explore the common problems and issues that emerge from the study of class and gender in criminal prosecutions, ranging from late medieval Europe to the early 20th century. The chapters demonstrate that conceptions of crime and criminal behavior are influenced decisively by the roles of class, gender, and later race as societies evolve in search of continuity and conformity. The seven chapters in this volume, together with a major book review essay and critical reviews of sixteen major works in the area, reinforce the series as a major forum for exploring new directions in criminal justice research as it relates to issues and problems of class, gender, and race in their historical, criminological, legal, and social aspects. The chapters explore common themes and issues that emerge from the study of class and gender through policing and criminal prosecutions in the local community to growing attempts of the new nation state to gain control of the prosecutorial system. Trevor Dean and Lee Beier examine prosecutorial energy in local communities of 15th and 16th century Europe, and see instruments of peace (agreement) and war (prosecution and conviction) as worthy institutions of social control. Andrea Knox studies the prosecution of Irish women, finding that they were prominent as perpetrators of crime as well as victims. Antony Simpson shows how sexual indiscretions developed the law of blackmail in the 18th century, influencing subtle changes in gender roles. David Englander's study of Henry Mayhew reinterprets the role of class in the criminal prosecutions of the 19th century, while Arvind Verma and Philippa Levine extend the roles of class and gender that had been developed in the criminal justice system into the imperial colonies of south-east and east Asia in the 19th and early 20th centuries. An important resource for scholars, students, and researchers involved with legal, political, social, and women's history, criminal justice studies, sociology and criminology, and criminal law.