検索キーワード： 司法制度

裁判官も人の子。重い刑を言いわたす前には大いに迷うし、法と世間の常識のギャップに悩むこともある。頑なな被告人の心を揺さぶった言葉を厳選。

元最高裁判事の千葉勝美が、同性婚を認めない現行法の憲法適合性を論じる。同性婚を認めない制度を合憲とするのが現在の判例である。しかし、昨今国内で係属している裁判の一部で、憲法への抵触を宣言するものが出てきている。

With the gravitas of Joan Biskupic and the irreverence of Elie Mystal, Leah Litman brings her signature wit to the question of what’s gone wrong at One First Street. In Lawless, she argues that the Supreme Court is no longer practicing law; it’s running on vibes. By “vibes,” Litman means legal-ish claims that repackage the politics of conservative grievance and dress them up in robes. Major decisions adopt the language and posture of the law, while in fact displaying a commitment to protecting a single minority: the religious conservatives and Republican officials.

The Supreme Court endorses terrorists' rights, flag burning, and importing foreign law. Is that in the Constitution? You're right: it's not. But these days the Constitution is no restraint on our out-of-control Supreme Court. The Court imperiously strikes down laws and imposes new ones purely on its own arbitrary whims. Even though liberals like John Kerry are repeatedly defeated at the polls, the majority on the allegedly "conservative" Supreme Court reflects their views and wields absolute power.

This is one of the true classics in world legal literature. Written by a master of law and language, it is a primary source book for anyone interested either in legal theory or political science. For the layman, it serves to clarify the very essence of the common law, the cornerstone of our present legal system.

For thirty years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show listeners how the Supreme Court really works.

Navigating the complexities of the legal system can be daunting, but the key to success lies in the hands of the advocate you choose. "How to Hire a Winning Lawyer," by John Ellsworth, demystifies the process of selecting a legal champion capable of securing the triumph and self-satisfaction you deserve.

Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights. Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries.

Este libro explora las raíces del sistema penal mexicano y explica que su diseño, producto del golpe de Estado militar en 1920, sentó las bases para un siglo de injusticia.

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

In the first edition of A Country Called Prison, Mary Looman and John Carl presented persuasive data calling for downsizing of America's prisons. Their novel approach continues in their second edition, shifting the beliefs many people have about prisons and their role in the American society. Since the original edition was published, the landscape of incarceration has been changing.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean.

How can you keep your faith in people after seeing the flaws of the American justice system? Juror #11 exposes the flaws and weaknesses in the American justice system from the perspective of a murder trial juror who endured months of trauma, the threat of jail, and thousands of dollars in fines and legal fees because of them.

A thin, balding, and reclusive middle-aged Russian by the name of Rudolf Ivanovich Abel was one of the Soviet Union's most renowned spies during the Cold War of the 1950s . . . . until his cover was blown by an incompetent colleague who wanted to defect to the United States. This is the full account of Abel's espionage work, his dramatic apprehension, his eventual conviction and its affirmation by the United States Supreme Court, and finally, his surprising release back to Russia.

Muss ich mein Kind in die Schule schicken? Kriege ich für den abgebrochenen Fingernagel Schmerzensgeld? Kann ich hiermit vor Gericht ziehen oder damit vor Gericht gezogen werden? Das Fachwissen von Anwälten wird im Freundeskreis gern angezapft. Denn: Für normale Menschen ist die Welt der Juristerei ziemlich mysteriös. Auch in Staffel 2 des Original Podcasts "Sag mal, du als Richterin" geben ein Anwalt und eine Richterin freimütig die Reiseführer für einen Neuling durch das unwegsame Reich der Paragraphen.

Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse here turns his attention to the right-wing scheme to capture the courts, and how it influenced the Trump administration's appointment of over 230 "business-friendly" judges, including the last three justices of the United States Supreme Court.

This document discusses problems that the US Supreme Court presents to stability and democracy in the United States. It then gives examples of the problem and concludes with recommendations about how to depoliticize the Court.

Whatever the level of contact, the American judicial system affects peoples' lives. What courts and judges do matters. This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. This Very Short Introduction explains the "where," "when," and "who" of American courts. It also makes clear the "how" and "why" behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels.

Have you ever wondered what a judge is really thinking? To most people, judges are mysterious creatures. Judge Mader shines a bright spotlight on the hidden folds of the judging world. The old saying is that judges merely "follow the law". Yet following the law can produce wildly different results depending upon each judge's background, politics, and life experiences. Even the floor of the courthouse to which a case is assigned can mean the difference between prison and freedom. Never before has the judging world been laid bare for all to see.

The Black and Latina daughter of a working-class family, Victoria Pratt learned to treat everyone with dignity, no matter their background. When she became Newark Municipal Court’s chief judge, she knew well the inequities that poor, mentally ill, Black, and brown people faced in the criminal justice system. Pratt’s reforms transformed her courtroom into a place for problem-solving and a resource for healing.

Justice Scalia served on the US Supreme Court for almost 30 years and was in many way the Conservative anchor of the court after his appointment by President Reagan in 1986. Justice Scalia was well-known for his intellectual firepower; acerbic writing; a preference for ideology over pragmatism; and conservatism based on Catholic theology, legal formalism, and economic libertarianism. This audiobook displays all of those aspects through five cases that showcase Scalia's legal perspectives.

It wasn’t long ago that liberal icons, including the late Supreme Court Justice Ruth Bader Ginsburg, were against the idea of overhauling the court for political gain. But now, in the Biden era, more and more powerful Democrats are getting behind the cause, claiming the high court is broken and actively dismantling our democracy. Even Joe Biden—who once called court-packing a “bonehead idea”—gave in to the progressive wing of his party, appointing a committee to examine “reforms” to the court after being sworn in as president.

As one of just a few judges licensed to try murder cases at the Old Bailey, the author has presided over many of the high-profile cases that all too often grab our attention in dramatic media headlines—for every unlawful death tells a story. But, unlike most of us, a judge doesn't get to turn the page and move on. Nor does the defendant, or the family of the victim, nor the many other people who populate the court room. Peeling apart six dramatic murder and manslaughter cases, Unlawful Killings removes this distinction between 'them' and 'us'.

The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically.

The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize-winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court’s decisions and created obstacles for the landmark ruling. Abridged from the number-one best seller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

"Vom alltäglichen Scheitern" erzählt aus dem Leben eines Gerichtsreporters an einem ganz gewöhnlichen Amtsgericht. Die Kriminalfälle, die dort verhandelt werden, finden maximal eine Erwähnung in der Lokalzeitung, denn hier geht es nicht um Mord und Totschlag oder milliardenschwere Unterschlagungen, hier geht es um menschliche Schicksale - auf Seiten der Opfer, auf Seiten der Täter. Es sind die "kleinen Geschichten", die dieses Hörbuch anschaulich, unterhaltsam wie informativ schildert, Geschichten, die aufrühren, zornig wie traurig aber auch nachdenklich machen.

When two parties meet in court, the outcome is rarely preordained. Judges must figure out who wins and who loses by analyzing the facts of the case before them and applying the legal principles of cases that have come before. How Would You Rule? brings that experience alive by presenting you with the critical facts and rules in 31 of the law's most interesting cases and inviting you to test your legal wits and sharpen your legal judgment by figuring out how these challenging cases should be decided.

America's criminal justice system is among the deadliest and most racist in the world and it disproportionally targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment.

Riforma giustizia, lavori in corso: Giustizia, trattativa in salita coi Cinquestelle. Il voto sulla riforma prima delle ferie e Draghi pensa alla fiducia, di Tommaso Ciriaco; Giustizia, la riforma slitta: gelo tra Cartabia e M5S. Torna l'ipotesi fiducia, di Tommaso Ciriaco e Liana Milella; Riforma della giustizia, il governo chiede il voto fiducia: "Evitiamo zone di impunità", di Liana Milella; Giustizia, Draghi congela la trattativa. Tensione tra i 5 Stelle, di Tommaso Ciriaco e Liana Milella.