Justice Accused

What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

Detective Carly Edwards hates working in juvenile—where the brass put her after an officer-involved shooting—and longs to be back on patrol. So when a troubled youth, Londy Atkins, is arrested for the murder of the mayor and Carly is summoned to the crime scene, she’s eager for some action. Carly presses Londy for a confession but he swears his innocence, and despite her better judgment, Carly is inclined to believe him. Yet homicide is convinced of his guilt and is determined to convict him. Carly’s ex-husband and fellow police officer, Nick, appears to be on her side. He’s determined to show Carly that he’s a changed man and win her back, but she isn’t convinced he won’t betray her again.

This is the true story of a woman who prevailed against the most heinous accusations imaginable. Tonya Craft, a Georgia kindergarten teacher and loving mother of two, never expected a knock on her door to change her life forever. But in May 2008, false accusations of child molestation turned her world upside down. The trial that followed dragged her reputation through the mud and lent nationwide notoriety to her name. Tonya's life spiraled into a witch-trial nightmare in which she was deemed guilty before her innocence could be determined by a jury. Her children were taken away without even a goodbye, and her own daughter was forced to take the stand against her in a courtroom. The situation seemed hopeless, and Tonya was shell-shocked and heartbroken. But that didn't keep her from finding the strength to fight. Over the course of two terrifying years, Tonya rallied to take charge of her own defense, flying across the country and knocking on doors on a desperate quest for answers, and defying her own lawyers on more than one occasion. Tonya's goal was not only to avoid conviction; it was to clear her name, and, most of all, regain custody of her children. Accused is about more than Tonya's shocking trial and fight for justice. It is the story of a mother's extraordinary love, the faith that sees her through it all, and the forgiveness that sets her free.

This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.

An indispensable guide for the self-represented accused, victim or witness. Understanding Canada's criminal justice system can be difficult. Criminal charges often involve life-changing events, and the justice system can be intimidating and confusing. Many people struggle to understand what is happening, and don't know which of the many justice officials in the system can make decisions about their case. When can a trial be set? Who can change conditions of bail? Who can terminate a charge before trial? Who can a victim or witness contact for help preparing for trial? When a person goes to court it seems as if everyone has hired a lawyer, but the reality is many people appear before court, representing themselves. This book is a comprehensive guide to the justice system, written in simple, clear language. The book doesn't provide legal advice, but does explain how Canada's criminal justice system works, what justice officials do, and who has the power to make decisions at different stages of a criminal case. An indispensable guide for the self-represented victim, witness or accused.

World Criminal Justice Systems, Ninth Edition, provides an understanding of major world criminal justice systems by discussing and comparing the systems of six of the world’s countries -- each representative of a different type of legal system. An additional chapter on Islamic law uses three examples to illustrate the range of practice within Sharia. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues. The ninth edition features an introduction directing students to the resources they need to understand comparative criminal justice theory and methodology. The chapter on Russia includes consideration of the turmoil in post-Soviet successor states, and the final chapter on Islamic law examines the current status of criminal justice systems in the Middle East.

From the point of his arrest through to the final disposition of his case, the authors follow the accused as he proceeds through the criminal control system. They draw a picture of one who is dependent upon the orders and decisions of the police, crown attorney, defence lawyer, and judge and not a defendant with significant autonomy. Substudies conducted under a program of the Centre of Criminology provide empirical material on patrol police, detectives, crown attorneys and defence lawyers and are complemented by the authors’ own interviews of accused persons. They produce a unique picture of the person who stands accused: unlike the official agents who are regular and experienced participants in the criminal process, the accused is a ‘one-shot’ player. As a dependant he is subject to the orders and decisions of the official criminal control agents; he fails to exercise what appear externally as his formal rights because the apparent costs exceed the advantages. He complies with police searches, fails to remain silent, fails to call a third party, gives a statement, often does not obtain a lawyer, routinely accepts his lawyer’s advice, rarely demands a trial, often remains silent in court, and very rarely considers an appeal. The ordering which the accused meets out of court is reproduced in the public forum of the court. Through the display of formal legal rationality there and in the belief that matters ‘could have been a lot worse,’ he experiences the ‘majesty, justice, and mercy’ of the criminal process and, in turn, accords legitimacy to the actions taken against him. The authors discuss prospects for changing the criminal process and conclude that the range of reforms that have been advocated, and sometimes implemented, does not lead to an alteration of the accused’s position within the ordering of justice because the system is not truly adversarial. Rather, it serves the interests of the state in ordering the population as well as professional interests of those who man the system.

"What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America"". --Amazon.