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Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
How have the arrangements in European countries regarding the functioning of justice changed in the period of the COVID-19 pandemic? Will the solutions implemented in various countries in the context of the COVID-19 pandemic last and find their place in the legal systems of these countries for a longer period of time? The contributors analyse this in four thematic blocks: The first refers to the impact of COVID-19 on the administration and technical functioning of the judiciary, including international courts. The second part focuses on the impact of COVID-19 on the model of civil procedure, including the effects on general and structural principles such as the principle of openness, writing and oral proceedings, the principle of consistency of panels of judges as well as digitalization. The third refers to the impact of COVID-19 on criminal proceedings. And the last one deals with the impact of COVID-19 on the administrative proceedings.
The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
This report examines the purpose, structure and working of the criminal courts in the criminal justice system. In particular it considers: re-structuring and improving the composition of the criminal courts and the better matching of courts to cases; introducing a new structure for direction and better management of the criminal justice system; removing work from the criminal process that should not be there; improving preparation for trial and trial procedures and reform of the law of criminal evidence; simplification of the appellate structure. In proposing change attention is paid to the law of human rights and the potential of information technology to re-shape practices. However a central concern is the need to enhance public confidence in the whole system.
What are the primary constituents of stress in prison, and how can it be ameliorated? The specific conditions that create stress -- from the initial loss of freedom, to overcrowding, victimization and riots -- are described and analyzed. The effects of prison on specific populations: women, minorities, adolescents, and parolees, are also researched. Recommendations for long-term policy are made for maximizing the environmental resources of the prison, and improving classification and treatment. `...highly recommended for all professional and academic libraries. It is suitable for both upper-division undergraduate and graduate students in the areas of stress, psychology, penology, sociology, and criminal justice.' -- Choi
Written in the context of the #BlackLivesMatter protests, this book explores why law enforcement responses to a public health emergency are prioritised over welfare provision and what this tells us about the state’s criminal justice institutions.
Covers scholarly work in criminology and criminal justice studies, sociology of law, and the sociology of deviance.