検索キーワード： 司法制度

What if you committed a crime that wasn't your fault? It's a cold, grey morning. You open the front door, slightly hungover and fairly exhausted, and stop in your tracks. Lying bloodied and beaten on the driveway is the motionless body of your father. He is dead – killed in a violent frenzy. You don't remember what happened, and in fact you never will, but, you will soon discover, you are the one who killed him… What happens when an ordinary person, one of us, commits an unspeakable act without any memory of it?

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。

From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land. Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today.

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.

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.

Over the past decade, several American cities have been rocked by race riots. With each passing year, a new racial agenda emerges—from police defunding to education reform to reparations—inciting more and more division and radicalization along racial lines. What started all of this? The roots of this pathology run much deeper than the recent symptoms suggest.

America has a hidden justice system. There, decisions are made in secret, and “judges” are paid for by the companies and abusers who are being sued. Victims usually lose. But when they do, they cannot appeal, and they cannot turn to real courts for help. They are trapped in this system, and quite likely, so are you. You joined it when you accepted the Terms and Conditions on a website, opened a new credit card, or started a new job. When you did, you agreed to be shunted into this secret justice system, called “forced arbitration.

Christian Davis, a former big-firm lawyer turned social justice warrior, has just been assigned the case of his life by the State of California. Jamel Jackson, a sixteen-year-old black boy, has just been convicted for the brutal rape of a prominent movie star. Christian digs into the case with gusto, as he examines the trial court transcript for any hint that the trial court might have erred in Jamel's case. As he gets into the investigation of the case, he's shocked at what he has found. Corruption at the highest level is staring him in the face.

A myth-busting glimpse into the inner workings of the Supreme Court, revealing what we get wrong about the “Roberts era,” what the justices' clerks gossip about, and how to fix a court in crisis—from the popular ABC news pundit and top legal podcaster Most people get the Supreme Court all...

AI and other high-tech tools embed and reinforce America’s history of prejudice and exclusion — even when they are used with the best intentions. Patrick K. Lin’s Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System takes a deep and thorough look into the use of technology in the criminal justice system, and investigates the instances of coded bias present at every level.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

If you were ever curious about the ins and outs of jail, then this book is a must-listen for you. The author takes you by the hand and walks you through the Penal Process. He reveals a first-hand account of his experiences behind the walls of the Judiciary System. He navigates from Processing to Sentencing by way of the pages between the cover of this Literary Work.

On January 22, 1973, the United States Supreme Court released two interlocked abortion decisions overturning the laws of all the individual states. Only one of the decisions, Roe v. Wade, tends to get much media attention, and it is popularly said that it grants a "woman's right to choose". But Justice Blackmun is in several places very adamant: Though it had been explicitly sought, he was not granting to women the "right to choose". In Doe v. Bolton, the second and often unexamined companion decision, Blackmun is explicit. The right he is granting is to the doctor.

Americans are taught that justice means fairness. They expect it from our legal system. “Equal Justice Under Law” is prominently inscribed on the Supreme Court. Yet, law and justice in America are not necessarily the same thing. And they are certainly not applied in equal ways.

Unschuldig hinter Gittern. Jens Söring wurde in den USA wegen angeblichen Doppelmordes trotz fragwürdiger Beweislage verurteilt – 33 Jahre verbrachte er zu Unrecht im Gefängnis. Ein solches Fehlurteil ist in Deutschland undenkbar? Mitnichten! Zwei der renommiertesten Strafverteidiger Deutschlands packen aus und nehmen das deutsche (Un-)Rechtswesen auseinander. "Im Zweifel gegen den Angeklagten" ist bedauerlicher Alltag in deutschen Strafprozessen. Justizirrtümer sind an der Tagesordnung.

Our legal system often feels like it only works for the rich and powerful - for those who have the means to use the courts to enforce their will and defend their interests. But we can fight back. Jolyon Maugham KC founded Good Law Project in 2017 with the belief that the law can also put power in the hands of ordinary people. . It has brought a series of landmark cases against a dishonest and increasingly autocratic government and won widespread acclaim in successfully reversing Boris Johnson's unlawful suspension of Parliament.

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.