Trials that Changed History


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Famous Cases


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A collection of some of the most famous cases in English law - with an explantion of how they changed things - by two leading commentators. Every UK lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ëgolden thread of English lawí whereby the burden of proof lies with the prosecutor in a criminal trial, even in the case of murder. But who was ëWoolmingtoní and how many people know that he escaped the death penalty at the eleventh hour, or that he was twice tried for murder? ëLords give man back his lifeí as the Western Gazette put it. Likewise, in the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would ultimately determine ñ at the highest level - that ëthe categories of negligence are never closedí? And how did the tranquil market town of Wednesbury come to be legal shorthand for ëunreasonablenessí. In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the background to a selection of leading cases in English law. From the Mareva case (synonymous with a type of injunction) to Lord Denningís classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of every law student, general reader or seasoned practitioner interested in how English law evolves.




Writing History in International Criminal Trials


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Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.




All Our Trials


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During the 1970s, grassroots women activists in and outside of prisons forged a radical politics against gender violence and incarceration. Emily L. Thuma traces the making of this anticarceral feminism at the intersections of struggles for racial and economic justice, prisoners’ and psychiatric patients’ rights, and gender and sexual liberation. All Our Trials explores the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations. This activism confronted a "tough on crime" political agenda and clashed with the mainstream women’s movement’s strategy of resorting to the criminal legal system as a solution to sexual and domestic violence. Drawing on extensive archival research and first-person narratives, Thuma weaves together the stories of mass defense campaigns, prisoner uprisings, broad-based local coalitions, national gatherings, and radical print cultures that cut through prison walls. In the process, she illuminates a crucial chapter in an unfinished struggle––one that continues in today’s movements against mass incarceration and in support of transformative justice.




The August Trials


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The first account of the August Trials, in which postwar Poland confronted the betrayal of Jewish citizens under Nazi rule but ended up fashioning an alibi for the past. When six years of ferocious resistance to Nazi occupation came to an end in 1945, a devastated Poland could agree with its new Soviet rulers on little else beyond the need to punish German war criminals and their collaborators. Determined to root out the “many Cains among us,” as a Poznań newspaper editorial put it, Poland’s judicial reckoning spawned 32,000 trials and spanned more than a decade before being largely forgotten. Andrew Kornbluth reconstructs the story of the August Trials, long dismissed as a Stalinist travesty, and discovers that they were in fact a scrupulous search for the truth. But as the process of retribution began to unearth evidence of enthusiastic local participation in the Holocaust, the hated government, traumatized populace, and fiercely independent judiciary all struggled to salvage a purely heroic vision of the past that could unify a nation recovering from massive upheaval. The trials became the crucible in which the Communist state and an unyielding society forged a foundational myth of modern Poland but left a lasting open wound in Polish-Jewish relations. The August Trials draws striking parallels with incomplete postwar reckonings on both sides of the Iron Curtain, suggesting the extent to which ethnic cleansing and its abortive judicial accounting are part of a common European heritage. From Paris and The Hague to Warsaw and Kyiv, the law was made to serve many different purposes, even as it failed to secure the goal with which it is most closely associated: justice.




The Memory of Judgment


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This is an examination of the law's response to the crimes of the Holocaust. It studies exemplary proceedings including the Nuremberg trial of the major Nazi war criminals and the Israeli trials of Adolf Eichmann and John Demjanjuk.




The Eichmann Trial


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***NATIONAL JEWISH BOOK AWARD FINALIST (2012)*** Part of the Jewish Encounter series The capture of SS Lieutenant Colonel Adolf Eichmann by Israeli agents in Argentina in May of 1960 and his subsequent trial in Jerusalem by an Israeli court electrified the world. The public debate it sparked on where, how, and by whom Nazi war criminals should be brought to justice, and the international media coverage of the trial itself, was a watershed moment in how the civilized world in general and Holocaust survivors in particular found the means to deal with the legacy of genocide on a scale that had never been seen before. Award-winning historian Deborah E. Lipstadt gives us an overview of the trial and analyzes the dramatic effect that the survivors’ courtroom testimony—which was itself not without controversy—had on a world that had until then regularly commemorated the Holocaust but never fully understood what the millions who died and the hundreds of thousands who managed to survive had actually experienced. As the world continues to confront the ongoing reality of genocide and ponder the fate of those who survive it, this trial of the century, which has become a touchstone for judicial proceedings throughout the world, offers a legal, moral, and political framework for coming to terms with unfathomable evil. Lipstadt infuses a gripping narrative with historical perspective and contemporary urgency.




Judgment at Tokyo


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In the years since the Japanese war crimes trials concluded, the proceedings have been colored by charges of racism, vengeance, and guilt. In this book, Tim Maga contends that in the trials good law was practiced and evil did not go unpunished. The defendants ranged from lowly Japanese Imperial Army privates to former prime ministers. Since they did not represent a government for which genocide was a policy pursuit, their cases were more difficult to prosecute than those of Nazi war criminals. In contrast to Nuremberg, the efforts in Tokyo, Guam, and other locations throughout the Pacific received little attention by the Western press. Once the Cold War began, America needed Pacific allies and the atrocities committed by Japanese soldiers throughout the 1930s and early 1940s were rarely mentioned. The trials were described as phony justice and "Japan bashing". Keenan and his compatriots adopted criminal court tactics and established precedents in the conduct of war crimes trials that still stand today. Maga reviews the context for the trials, recounts the proceedings, and concludes that they were, in fact, decent examples of American justice and fair play.




The Trial of Henry Kissinger


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In this incendiary book, Hitchens takes the floor as prosecuting counsel and mounts a devastating indictment of Henry Kissinger, whose ambitions and ruthlessness have directly resulted in both individual murders and widespread, indiscriminate slaughter.




Brown v. Board of Education


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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?