Beyond The Adversarial System
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Beyond The Adversarial System
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Author : Helen Stacy
language : en
Publisher: Federation Press
Release Date : 1999
Beyond The Adversarial System written by Helen Stacy and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Adversarial Versus Inquisitorial Justice
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Author : Peter J. van Koppen
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Adversarial Versus Inquisitorial Justice written by Peter J. van Koppen and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Psychology categories.
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.
Rebooting Justice
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Author : Benjamin H. Barton
language : en
Publisher: Encounter Books
Release Date : 2017-08-01
Rebooting Justice written by Benjamin H. Barton and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-01 with Law categories.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Non Adversarial Justice
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Author : Michael King
language : en
Publisher: Federation Press
Release Date : 2014-07-04
Non Adversarial Justice written by Michael King and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-04 with Law categories.
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
Hearing The Victim
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Author : Anthony Bottoms
language : en
Publisher: Routledge
Release Date : 2010-03-01
Hearing The Victim written by Anthony Bottoms and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-01 with Social Science categories.
In recent years far more attention has been paid to victims of crime both in terms of awareness of the effect of crime upon their lives, and in changes that have been made to the criminal justice system to improve their rights and treatment. This process seems set to continue, with legislative plans announced to rebalance the criminal justice system in favour of the victim. This latest book in the Cambridge Criminal Justice Series brings together leading authorities in the field to review the role of the victim in the criminal justice system in the context of these developments.
Closing The Justice Gap For Adult And Child Sexual Assault
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Author : Anne Cossins
language : en
Publisher: Springer Nature
Release Date : 2020-10-21
Closing The Justice Gap For Adult And Child Sexual Assault written by Anne Cossins and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-21 with Social Science categories.
This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralisticadversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.
Parker And Evans S Inside Lawyers Ethics
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Author : Vivien Holmes
language : en
Publisher: Cambridge University Press
Release Date : 2023-05-04
Parker And Evans S Inside Lawyers Ethics written by Vivien Holmes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
Parker and Evans's Inside Lawyers' Ethics provides a practical and engaging introduction to ethical decision-making in legal practice in Australia. Underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care – this text analyses legal and professional frameworks, highlighting relevant parts of the Australian Solicitors' Conduct Rules. Case studies and discussion questions offer contemporary, practical examples of the application of ethics. The book also addresses the challenge of ethical action and offers techniques to deal with ethical conflicts.This edition has been comprehensively updated and discusses the implications of advances in legal technology, mental ill-health in the profession and the complexities of government legal practice. A new chapter covers lawyers' ethical obligation to address the legal challenges posed by climate change. Written by an expert author team, Parker and Evans's Inside Lawyers' Ethics empowers readers to identify ethical challenges and resolve them through good decision-making practices.
Inside Lawyers Ethics
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Author : Christine Parker
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-01
Inside Lawyers Ethics written by Christine Parker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-01 with Law categories.
Inside Lawyers' Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. This new edition is fully updated, with a new chapter on confidentiality and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers' Ethics promotes self-awareness and offers a positive and enriching approach to problem solving, rather than one based on the 'don't get caught' principle. It is essential reading for students of law and newly qualified legal practitioners.
Litigation
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Author : Wilfrid R. Prest
language : en
Publisher: UNSW Press
Release Date : 2004
Litigation written by Wilfrid R. Prest and has been published by UNSW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.
The Internationalisation Of Criminal Evidence
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Author : John D. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-19
The Internationalisation Of Criminal Evidence written by John D. Jackson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-19 with Law categories.
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.