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The Miranda Ruling: Its Past, Present, and Future

Lawrence S. Wrightsman and Mary L. Pitman

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.001.0001
Subject:
Psychology, Forensic Psychology

In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ... More


The Second Red Scare and the Unmaking of the New Deal Left

Landon R. Y. Storrs

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691153964
eISBN:
9781400845255
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691153964.001.0001
Subject:
History, American History: 20th Century

The loyalty investigations triggered by the Red Scare of the 1940s and 1950s marginalized many talented women and men who had entered government service during the Great Depression seeking to promote ... More


The Machinery of Criminal Justice

Stephanos Bibas

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195374681
eISBN:
9780199933204
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374681.001.0001
Subject:
Law, Criminal Law and Criminology

Two centuries ago the criminal justice system was primarily run by laymen. In court, victims and defendants interacted face to face while lay jurors from the community sat in judgment. Jury trials ... More


“A Soul-Searing Process”: Trauma in the Civil Service

Landon R. Y. Storrs

in The Second Red Scare and the Unmaking of the New Deal Left

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691153964
eISBN:
9781400845255
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691153964.003.0007
Subject:
History, American History: 20th Century

This chapter looks at private letters and other unpublished sources about defendants other than the Keyserlings to recapture the subjective experience of being investigated, not as an exercise in ... More


Loyalty Investigations and the “End of Reform”

Landon R. Y. Storrs

in The Second Red Scare and the Unmaking of the New Deal Left

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691153964
eISBN:
9781400845255
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691153964.003.0008
Subject:
History, American History: 20th Century

This chapter examines the connection between disloyalty charges and the shift toward the political center, or out of government service, by many public officials, which has been difficult to discern ... More


Problems with the Comprehension of Miranda Rights Among Vulnerable Suspects

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.005
Subject:
Psychology, Forensic Psychology

This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical ... More


Unjust Enrichment

Peter Birks

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.001.0001
Subject:
Law, Law of Obligations

This book gives a concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past and insists on the switch from restitution to ... More


Religious Figures and Institutions As Litigants

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.009
Subject:
Psychology, Forensic Psychology

Litigants' religion is central to some cases, such as those making a free exercise claim; a substantial factor in others, such as clergy charged with sexual abuse, defendants who introduce their ... More


Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain

Mike McConville, Jacqueline Hodgson, Lee Bridges, and Anita Pavlovic

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198258681
eISBN:
9780191681851
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258681.001.0001
Subject:
Law, Criminal Law and Criminology

Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, ... More


Arbitrary Justice: The Power of the American Prosecutor

Angela J. Davis

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.001.0001
Subject:
Law, Criminal Law and Criminology

What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more ... More


Penal Proportionality for the Young Offender: Notes on Immaturity, Capacity, and Diminished Responsibility

Franklin E. Zimring

in American Juvenile Justice

Published in print:
2005
Published Online:
May 2012
ISBN:
9780195181166
eISBN:
9780199943302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195181166.003.0021
Subject:
Sociology, Law, Crime and Deviance

This chapter considers one set of subjective personal factors that influence the extent to which adolescent defendants deserve punishment for particular blameworthy acts. It argues that even when a ... More


Reducing the Harms of Minority Overrepresentation in American Juvenile Justice

Franklin E. Zimring

in American Juvenile Justice

Published in print:
2005
Published Online:
May 2012
ISBN:
9780195181166
eISBN:
9780199943302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195181166.003.0052
Subject:
Sociology, Law, Crime and Deviance

This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. It argues that reducing the hazards of juvenile court processing may ... More


Unconscionable Enrichment?

Prince Saprai

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0015
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter claims that unconscionability and its cognate exploitation offer a plausible account of the duty to make restitution particularly in the context of undue influence and unconscionable ... More


The Psychology of Tort Law

Jennifer K. Robbennolt and Valerie P. Hans

Published in print:
2016
Published Online:
May 2017
ISBN:
9780814724941
eISBN:
9780814724712
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724941.001.0001
Subject:
Psychology, Social Psychology

Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge ... More


Libet and the Criminal Law’s Voluntary Act Requirement

Gideon Yaffe

in Conscious Will and Responsibility: A Tribute to Benjamin Libet

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381641
eISBN:
9780199864911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381641.003.0017
Subject:
Psychology, Cognitive Psychology

This chapter explains the meaning and explores the historical sources of the voluntary act requirement in law. It argues that in many ways, even incorporating Libet's discoveries, there is no reason ... More


Engines of Truth: Producing Veracity in the Victorian Courtroom

Wendie E Schneider

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125665
eISBN:
9780300216554
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125665.001.0001
Subject:
History, British and Irish Modern History

Engines of Truth explores the history of nineteenth-century British trial procedure from the novel viewpoint of efforts to control perjury. Perjury emerged as an acute problem in the Victorian era: ... More


Ireland's District Court: Language, immigration and consequences for justice

Kate Waterhouse

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719095276
eISBN:
9781781707548
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095276.001.0001
Subject:
Sociology, Law, Crime and Deviance

For the uninitiated, the Irish District Court is a place of incomprehensible, organised chaos. This detailed account of the court’s criminal proceedings, based on an original study that involved ... More


Economies of Justice: The Possibilities of a People's Court

Julie Hardwick

in Family Business: Litigation and the Political Economies of Daily Life in Early Modern France

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199558070
eISBN:
9780191721038
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558070.003.0003
Subject:
History, European Early Modern History

This chapter explores the legal lives of working families in the 17th century. It uses marital litigation as a case study to interrogate the practical impact of institutional complexity by exploring ... More


Economies of Family Politics: Litigation Communities, Subject, and State

Julie Hardwick

in Family Business: Litigation and the Political Economies of Daily Life in Early Modern France

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199558070
eISBN:
9780191721038
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558070.003.0004
Subject:
History, European Early Modern History

This chapter explores working people's legal lives as key participants in the grassroots forums that is termed in this book litigation communities, in which many kinds of challenges were negotiated. ... More


Representation of Islam in the Language of Law: Some Recent U.S. Cases

Kathleen M. Moore

in Muslims in the West: From Sojourners to Citizens

Published in print:
2002
Published Online:
October 2011
ISBN:
9780195148053
eISBN:
9780199849277
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148053.003.0013
Subject:
Religion, Islam

In decoding critical moments in American justice, one could make various observations about the mixed sources of justice which are operative in the transaction between the condemned and the judge. ... More


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