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• Introduction
• Sources on early Chinese law before the Yuelu Academy finds
• The Yuelu Academy manuscript collection
• The Wei yu deng zhuang manuscripts
• The Wei yu deng zhuang in comparison with the Zou yan shu from Zhangjiashan tomb no. 247
• The Wei yu deng zhuang in comparison with other legal texts
• Conclusions.

In Legal Practice in the Formative Stages of the Chinese Empire, Ulrich Lau and Thies Staack offer a richly annotated English translation of the Wei yu deng zhuang si zhong , a collection of criminal case records from the pre-imperial state of Qin (dating from 246 BC-222 BC) that is part of the manuscripts in the possession of Yuelu Academy. Through an analysis of the collection and a comparison with similar manuscript finds from the Qin and Han periods, the authors shed new light on many aspects of the Qin administration of justice, e.g. criminal investigation, stages of criminal procedure, principles for determining punishment, and interaction of judicial officials on different administrative levels.
(source: Nielsen Book Data)

• 1. An introduction to English sentencing--
• 2. Sentencing and the constitution--
• 3. Sentencing aims, principles and policies--
• 4. Elements of proportionality--
• 5. Aggravation and mitigation--
• 6. Persistence, prevention and prediction--
• 7. Equality before the law--
• 8. Multiple offenders--
• 9. Custodial sentencing--
• 10. Non-custodial sentencing--
• 11. Procedural issues and ancillary orders--
• 12. Special sentencing powers--
• 13. Conclusions.
• (source: Nielsen Book Data)

Providing unrivalled coverage of one of the most high-profile stages in the criminal justice process, this book examines the key issues in sentencing policy and practice. It provides an up-to-date account of the legislation on sentencing together with the ever-increasing amount of Court of Appeal case law. The law in relation to elements of the wider criminal justice system is examined, including the prison and probation services. The aim of the book is to examine English sentencing law in its context, drawing not only upon legislation and the decisions of the courts but also upon the findings of research and on theoretical justifications for punishment. This new edition has been extensively revised to integrate the new laws introduced by the Criminal Justice Act 2003, which has brought sweeping reforms into English sentencing.
(source: Nielsen Book Data)

• Frontmatter
• Vorwort
• Inhaltsübersicht
• Inhaltsverzeichnis
• Abkürzungsverzeichnis
• Einführung
• Erster Hauptteil: Der derzeitige Umgang mit Erfahrungssätzen in Rechtsprechung und Lehre
• Erstes Kapitel: Ausgangslage: Die historische Entwicklung der Erfahrung als Mittel der (deutschen) strafprozessualen Beweiswürdigung und die Bildung der Anscheinsbeweisgrundsätze im Zivilprozess
• Zweites Kapitel: Die Übertragbarkeit der Anscheinsbeweis-Grundsätze auf den Strafprozess
• Zweiter Hauptteil: Das eigene beweisrechtliche System
• Drittes Kapitel: Das strafprozessuale Beweismaß
• Viertes Kapitel: Ein eigenes Modell der tatrichterlichen Sachverhaltsfeststellung: Ein prozessuales Ausgangshypothese-Ausnahme-Modell
• Gesamtergebnis
• Literaturverzeichnis
• Sachverzeichnis.

It may seem odd to an outsider - but clearly obvious to the seasoned practitioner - that during criminal proceedings, it is not the law that is debated, but primarily the facts of the case. The reason for this lies in the nature of court proceedings: the judge passes ruling on an event that occurred in the past, and for which he/she was not present. The judge must acquire all knowledge indirectly through the process of hearing evidence. Disputes regarding the facts of the case and erroneous judgments are inevitable. With this work, the long overdue model of a rational determination of the facts of a case should also be developed.

• Introduction / Gisèle Vernimment-Van Tiggelen et Laura Surano
• The implementation and application of mutal recognition instruments in Austria / Robert Kert
• La reconnaissance mutuelle en matière pénale en Belgique / Anne Weyembergh et Veronica Santamaria
• Lʼapplication du principe de la reconnaissance mutuelle en matière pénale en Bulgarie / Margarita Chinova et Mila Assenova
• Criminal law and mutual recognition in the Czech Republic / Ivo Šlosarčik
• The perception of the principle of mutual recognition of judicial decisions in criminal matters in Germany / Thomas Wahl
• Mutual recognition in criminal matters : the Danish experience / Jørn Vestergaard and Silvia Adamo
• The reception of the principle of mutual recognition in the criminal justice systems of EU member states. The case of Greece / Valsamis Mitsilegas
• Mutual recognition in criminal matters in Spain / Ángles G. Zarza
• The Finnish approach to mutual recognition in criminal matters and its implementation / Annika Suominen
• Bilan et perspectives du principe de reconnaissance mutuelle en matière pénale en France / Maiténa Poelemans
• The principle of mutual recognition in criminal matters in Hungary / Katalin Ligeti
• Irish practice on mutual recognition of European Union criminal law / Gerard Conway
• La reconnaissance mutuelle et la mise en oeuvre du mandat dʼarrêt euroṕeen dans lʼorde juridique italien / Gaetano De Amicis
• Future of mutual recognition in criminal matters in the European Union : Lithuania / Gintaras Švedas and Darius Mickevičius
• Les aports de la reconnaissance mutuelle ála coopération judiciaire pénale et ses déficits. Bilan de l̕ expérience luxembourgeoise / Stefan Braum.

• Judicial cooperation and mutual recognition in criminal matters in Malta / Stefano Filletti and Alison Gatt
• The Netherlands and mutual recognition : between proportionality and the rule of law / Wouter Van Ballegoou
• From EU with trust : the potential and limits of the mutual recognition in the Third Pillar from the Polish perspective / Adam Lazowski
• The Portuguese experience of mutual recognition in criminal matters : five years of european arrest warrant / Pedro Caeiro and Sónia Fidalgo
• Le principe de reconnaissance mutuelle des décisions judiciaries dans l̕ union européenne devant les juridictions roumaines. Présent et perspectives / Florin Streteanu et Diana Ionescu
• The approach of Swedish practitioners to the principle of mutual recognition in criminal matters / Laura Surano
• Mutual recognition in the context of Slovenian criminal law / Katja Šugman Stubbs and Mojca Mihelj Plesničar
• Mutual recognition of decisions in criminal justice and the United Kingdom / John R. Spencer
• Quel futur pour la reconnaissance mutuelle en matière pénale? Analyse transversale / Gisèle Vernimment-Van Tiggelen et Laura Surano.

• 1. An introduction to English sentencing--
• 2. Sentencing and the constitution--
• 3. Sentencing aims, principles and policies--
• 4. Elements of proportionality--
• 5. Aggravation and mitigation--
• 6. Persistence, prevention and prediction--
• 7. Equality before the law--
• 8. Multiple offenders--
• 9. Custodial sentencing--
• 10. Non-custodial sentencing--
• 11. Procedural issues and ancillary orders--
• 12. Special sentencing powers--
• 13. Conclusions.
• (source: Nielsen Book Data)

Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.
(source: Nielsen Book Data)

The party leaders in Leningrad during the blockade were repressed in 1949-1951 in the "Leningrad case", after which their names were unmentionabe until the late 1980s. The reasons, course and consequences of the most large-scale purges of post-war Stalinism are described in detail in this book.

• Introduction Mary L. Volcansek--
• 1. Detention and security versus liberty in times of national emergency David M. O'Brien--
• 2. One more casualty of the 'war on terror' Aya Gruber--
• 3. State secrets and democratic values Louis Fisher--
• 4. What lessons can be drawn from a sui generis case? The global 'war on terror' and Northern Ireland Richard Finnegan--
• 5. The British experience with terrorism: from the IRA to Al Qaeda Mary L. Volcansek--
• 6. Detention and treatment of suspected terrorists under the European Convention on Human Rights Donald W. Jackson--
• 7. Australia's commonwealth model and terrorism Michael C. Tolley--
• 8. Judicial rejection as substantial relief: the Israeli supreme court and the 'war on terror' Menachem Hofnung and Karen Weinshall-Margel--
• 9. Preserving rights and protecting the public: the Italian experience Carlo Guarnieri--
• 10. 'Squaring the circle': fighting terror while consolidating democracy in Spain Blanca Rodriguez Ruiz--
• 11. Democracy and terrorism in Colombia Victor M. Uribe-Uran and Harry Mora-- Conclusion: lessons learned Mary L. Volcansek and John F. Stack, Jr.
• (source: Nielsen Book Data)

Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
(source: Nielsen Book Data)

• Cosmopolitan Law-- Individual Responsibility and Cosmopolitan Law-- Crimes Against Humanity: The Actualisation of a Universal-- Peace, Security Justice in the former Yugoslavia-- The Trials of Blaskik and Tadic at the ICTY-- The Sawoniuk Trial: A Cosmopolitan Trial Under National Law-- Irving v Lipstadt and the Legal Construction of the Authoritative Cosmopolitan Narrative.
• (source: Nielsen Book Data)

Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.
(source: Nielsen Book Data)

• List of Illustrations; Acknowledgments; List of Abbreviations; Introduction;
• 1. From Genocide to Gacaca;
• 2. Learning "to Be Kinyarwanda";
• 3. Gacaca Mechanics;
• 4. Experiencing Gacaca;
• 5. The Weight of the State;
• 6. Navigating the Social;
• 7. A Thousand Hills, a Thousand Gacacas;
• 8. Shades of Heart; Epilogue;
• Appendix I: Important Dates;
• Appendix II: Supplementary Tables; Glossary; Notes; References; Index.

After the 1994 genocide in Rwanda, victims, perpetrators, and the country as a whole struggled to deal with the legacy of the mass violence. The government responded by creating a new version of a traditional grassroots justice system called gacaca. Bert Ingelaere, based on his observation of two thousand gacaca trials, offers a comprehensive assessment of what these courts set out to do, how they worked, what they achieved, what they did not achieve, and how they affected Rwandan society. Weaving together vivid firsthand recollections, interviews, and trial testimony with systematic analysis, Ingelaere documents how the gacaca shifted over time from confession to accusation, from restoration to retribution. He precisely articulates the importance of popular conceptions of what is true and just. Marked by methodological sophistication, extraordinary evidence, and deep knowledge of Rwanda, this is an authoritative, nuanced, and bittersweet account of one of the most important experiments in transitional justice after mass violence.
(source: Nielsen Book Data)

• Performing the past : the role of the political lawyer
• From Faust to Kastner : the judge as storyteller
• The poet's countertrial
• A tale of two narratives
• Reflective judgment and the spectacle of justice
• Social criticism in the shadow of a transformative trial
• Between ordinary politics and transformative politics
• "A Jewish and democratic state" reconsidered.

Can Israel be both Jewish and democratic? "Transformative Justice, " Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare opportunity to understand the meaning of political trials. The result is a bold new perspective on the politics of justice and its complex relationship to the values of liberalism. Leora Bilsky is Professor of Law, Tel Aviv University.
(source: Nielsen Book Data)

• Preface and AcknowledgmentsTranslator's NotesIntroduction Part I Judicial ProceduresCase
• 1: Xu Si: A Scuffle over a Debt (Jiangsu, 1792)Case
• 2: Li Huaiyu: The Missing Brother (Hunan, 1736)Case
• 3: Ms. Guo: Accidental Homicide Concealed (Zhili, 1794)Case
• 4: Li Cang: Blackmail and Arsenic (Shanxi, 1803)Case
• 5: Cao Ligong: Attempted Rape That Led to Murder (Zhili, 1803) Part II Interrogation TechniquesCase
• 6: Du Huailiang: Adultery That Brought Disaster (Shandong, 1696)Case
• 7: Rui Meisheng: Manslaughter over an Outhouse (Anhui, 1722)Case
• 8: Jia Mingyuan: Accidental Homicide (Fengtian, 1796) Part III Intent and Premeditated ViolenceCase
• 9: Luo Zhongyi: Kidnapping (Guangdong, 1728)Case
• 10: Wang Azhen: Murder for Extortion (Guangdong, 1779)Part IV The Failure of "Confucian" Family Values 122Case
• 11: Li Er and Li San: Two Pecks of Beans (Fengtian, 1738)Case
• 12: The Hong Brothers: A Quarrel over Manure (Hunan, 1738)Case
• 13: Ms. Wang: Incest and Violent Homicide (Jilin, 1738)Case
• 14: Ms. Ma: Disguised Poisoning (Shandong, 1795)Part V Control of Politically Marginal Groups and IndividualsCase
• 15: A Village Vendetta and Han Intercession (Guangxi, 1728)Case
• 16: Rebellious Religious Sectarians (North China, 1791-1814)Case
• 17: Ji Yanghua: Secret Society Member (Shanxi, 1814)Part VI Social Mobility and CrimeCase
• 18: Jin San: A Spurned Lover (Sichuan, 1728)Case
• 19: Luo Fenpeng: A Phony Scholar-Official (Jiangxi, 1763) Part VII Imperial Intervention Case
• 20: Li Yuchang: A Magistrate Murdered for His Integrity (Jiangsu, 1809)
• Appendix 1. Banners and Other Social Organizations
• Appendix 2. Popular Religious Movements
• Appendix 3. Cases Listed by Social ConflictChinese Character GlossaryBibliography of Studies in EnglishIndex.
• (source: Nielsen Book Data)

The little-examined genre of legal case narratives is represented in this fascinating volume, the first collection translated into English of criminal cases - most involving homicide - from late imperial China. These true stories of crimes of passion, family conflict, neighborhood feuds, gang violence, and sedition are a treasure trove of information about social relations and legal procedure. Each narrative describes circumstances leading up to a crime and its discovery, the appearance of the crime scene and the body, the apparent cause of death, speculation about motives and premeditation, and whether self-defense was involved. Detailed testimony is included from the accused and from witnesses, family members, and neighbors, as well as summaries and opinions from local magistrates, their coroners, and other officials higher up the chain of judicial review. Officials explain which law in the Qing dynasty legal code was violated, which corresponding punishment was appropriate, and whether the sentence was eligible for reduction. These records began as reports from magistrates on homicide cases within their jurisdiction that were required by law to be tried first at the county level, then reviewed by judicial officials at the prefectural, provincial, and national levels, with each administrator adding his own observations to the file. Each case was decided finally in Beijing, in the name of the emperor if not by the monarch himself, before sentences could be carried out and the records permanently filed. All of the cases translated here are from the Qing imperial copies, most of which are now housed in the First Historical Archives, Beijing.
(source: Nielsen Book Data)

• Foreword / Peter E. Kane
• The press coverage of the Hinckley case : a case study of a crime news serial. A political scientist's reaction / W. Lance Bennett
• Storytelling in opening statements : the Chicago Anarchists' (Haymarket) trial. A trial lawyer's and trial practice professor's reaction / Thomas A. Mauet
• Narrative and direct examination : the trial of Bruno Richard Hauptmann. A legal scholar's reaction / Kenneth S. Brown
• Reshaping the stories of the adversary : cross-examination in the Sacco-Vanzetti case. A communication scholar's reaction / Ruth McGaffey
• Participatory persuasion in closing arguments : the trial of Julius and Ethel Rosenberg. A trial lawyer's and trial practice professor's reaction / J. Alexander Tanford
• Advocate argumentation in the appellate process : the Sam Sheppard trial. A judge's reaction / David S. Nelson
• Courtroom drama : the trial of the Chicago Eight. A trial participant's reaction / William M. Kunstler.

Examination of seven famous trials, each concluding with an evaluation of the trial by a lawyer, judge, law professor, or communication scholar. The "Washington Post "coverage of the John Hinckley case preceding the trial demonstrates the effects media may have on a trial. The Haymarket riot trial serves as an example of opening statements in a storytelling form. By analyzing the trial of Bruno Richard Hauptmann, Schuetz and Snedaker explain direct examination according to its purpose, legal rules, ordering of witnesses, verbal and nonverbal techniques of interrogation, and tactics for introducing evidence. The cross-examination in the Sacco-Vanzetti case shows how advocates enhance or decrease their persuasiveness by adopting communication maneuvers. Closing arguments in the Rosenberg trial took the form of a refutative story with a dual persuasive and instructional content. The Supreme Court appeal in the Sam Sheppard case demonstrates the procedures, form, content, and style of arguments of appellate briefs. The Chicago Eight trial is an example of trial as theatre.
(source: Nielsen Book Data)

• The mystery of the gatekeepers
• Clues to judicial behavior
• Forensic DNA : law enforcement in the laboratory
• Lie detection : victim of law and politics
• Syndrome evidence: science isn't everything
• Gatekeepers and the politics of knowledge
• New clues? gatekeeping and the 21st century.

Combining political analysis, scientific reasoning, and an indepth study of specific state supreme court cases, ""Black Robes, White Coats"" is an interdisciplinary examination of the tradition of 'gatekeeping, ' the practice of deciding the admissibility of novel scientific evidence. Rebecca Harris systematically examines judicial policymaking in three areas - forensic DNA, polygraphs, and psychological syndrome evidence.
(source: Nielsen Book Data)

• The nature of international criminal procedure
• Creation and amendment of rules of international criminal procedure
• Procedures related to primacy and complementarity
• Investigations, rights of suspects, and detention
• Defence counsel, amici curiae, and the different forms of representation of accused
• Pre-trial proceedings
• Trial proceedings
• The role and status of victims in international criminal procedure
• Evidence
• Judgement and sentencing
• Appeal and revision
• Conclusion.

"Volume 3 of the International Criminal Law Practitioner Library completes the review of international criminal law begun in Volumes 1 and 2, which analyse the forms of responsibility and the elements of the core crimes. This volume reviews the procedural law and practices of the international criminal tribunals from investigation to trial, appeal, and punishment, and examines the framework within which the substantive law operates. The authors present a critical study of those procedures that are essential to effective investigations and fair trials, and explore how the ICC, ICTY, and ICTR - as well as the SCSL and other internationalised tribunals, where relevant - have shaped the evolution of international criminal procedure in order to meet new challenges and changing circumstances. The key jurisprudence and rule amendments up to 1 December 2009 have been surveyed, making this a highly relevant and timely work"-- Provided by publisher.
"The third volume in the series examines international criminal procedure as set out in the regulatory provisions and jurisprudence of the international criminal tribunals. It reviews in detail the key areas of international criminal procedure, including the relationship between the international tribunals and national jurisdictions, investigations, pre-trial and trial proceedings, the rules of evidence, representation of accused, the role and status of victims, judgments, and the appeals process. Moreover, the volume also considers the legal foundations and sources of this area of the law, the rule-making and amending powers of the international tribunals, and the structure of the administrative decision-making processes that impact upon crucial areas of the substantive law. In providing a thorough and critical overview of the mechanics of investigating and trying international crimes, International Criminal Procedure will complement the first two volumes in the series, and thus complete a comprehensive work on international criminal law"-- Provided by publisher.

• Preface Genealogical Chart Regilla's and Herodes' Family Introduction
• 1. Girlhood at Rome
• 2. A Roman Matron in Imperial Athens
• 3. Public Life
• 4. Death in Athens and Murder Trial in Rome
• 5. Regilla's Final Resting Place Chronological Chart Notes Acknowledgments Art Credits Index.
• (source: Nielsen Book Data)

Born to an illustrious Roman family in 125 BCE, Regilla was married at the age of fifteen to Herodes, a wealthy Greek. Twenty years later--and eight months pregnant with her sixth child--Regilla died under mysterious circumstances, after a blow to the abdomen delivered by Herodes's freedman. Though Herodes was charged, he was acquitted. Pomeroy's investigation suggests that despite Herodes's erection of numerous monuments to his deceased wife, he was in fact guilty of the crime.
(source: Nielsen Book Data)