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Outputs (38)

Italy’s ‘circle of legality’: The confiscation and social use of assets in the fight against the mafia (2023)
Book Chapter
Phillips, A., & Di Buccio, S. (2023). Italy’s ‘circle of legality’: The confiscation and social use of assets in the fight against the mafia. In D. Jasinski, A. Phillips, & E. Johnston (Eds.), Organised Crime, Financial Crime, and Criminal Justice: Theoretical Concepts and Challenges. (1). Taylor & Francis (Routledge)

In Italy the term ‘mafia’ is used to refer to a number of different criminal organisations, including (but not limited to): Sicily’s cosa nostra; the camorra (from the region of Campania); the Calabrian ’ndrangheta; and Puglia’s Sacra Corona Unita, a... Read More about Italy’s ‘circle of legality’: The confiscation and social use of assets in the fight against the mafia.

Italy’s other ‘other mafia’: Remediation and representations of the ’ndrangheta (2023)
Book Chapter
Phillips, A. (2023). Italy’s other ‘other mafia’: Remediation and representations of the ’ndrangheta. In D. Jasinski, A. Phillips, & E. Johnston (Eds.), Organised Crime, Financial Crime, and Criminal Justice: Theoretical Concepts and Challenges. (1). Taylor & Francis (Routledge)

It is generally agreed that public perceptions of organised crime are profoundly impacted by the mass media and popular culture, and that cultural representations play a major role in constructing dominant narratives. Furthermore, many scholars have... Read More about Italy’s other ‘other mafia’: Remediation and representations of the ’ndrangheta.

Organised Crime, Financial Crime, and Criminal Justice: Theoretical Concepts and Challenges (2023)
Book
Jasinski, D., Phillips, A., & Johnston, E. (Eds.). (2023). Organised Crime, Financial Crime, and Criminal Justice: Theoretical Concepts and Challenges. Taylor & Francis (Routledge)

Organised crime and financial crime are pressing global problems, increasingly recognised as policy priorities both by national governments and international bodies and corporations. This proudly interdisciplinary collection is built on the premise t... Read More about Organised Crime, Financial Crime, and Criminal Justice: Theoretical Concepts and Challenges.

‘Through the back door' Defence perspectives on the rise of managerialism at the expense of adversarial justice (2023)
Book Chapter
Smith, T., & Johnston, E. (2023). ‘Through the back door' Defence perspectives on the rise of managerialism at the expense of adversarial justice. In E. Johnston, & A. Pivaty (Eds.), Efficiency and Bureaucratisation of Criminal Justice Global Trends. Routledge. https://doi.org/10.4324/9781003207818

This chapter charts the evolution of managerialism in England and Wales through the lens of defence lawyers. Drawn from two PhD studies, the chapter advances empirical evidence of the implicit rise of managerialism in England and Wales. The chapter a... Read More about ‘Through the back door' Defence perspectives on the rise of managerialism at the expense of adversarial justice.

Contemporary Issues in Global Criminal Justice (2022)
Book
Blázquez, R. B., Burić, Z., Carr, T., Chowdhury, M., Doughty, F., Hester, R., …Pivaty, A. (2022). E. Johnston, & S. Marsh (Eds.). Contemporary Issues in Global Criminal Justice. Lexington Books

Contemporary Issues in Global Criminal Justice provides a holistic analysis of modern criminal justice issues, encompassing the pre-trial, investigative, and post-conviction stages of criminal justice in legal settings across the world. The contribut... Read More about Contemporary Issues in Global Criminal Justice.

Prisoners' human rights in England & Wales: Zigzags, flatlines and missed opportunities (2022)
Book Chapter
Karamalidou, A. (2022). Prisoners' human rights in England & Wales: Zigzags, flatlines and missed opportunities. In E. Johnston (Ed.), Challenges in Criminal Justice (180-196). (1). London and New York: Taylor & Francis (Routledge). https://doi.org/10.4324/9781003143321-11

The chapter presents and critically reviews the prison policy in England and Wales from 2013 to the present day against the backdrop of the legalisation of prisoners’ human rights and the incorporation of the European Convention of Human Rights (ECHR... Read More about Prisoners' human rights in England & Wales: Zigzags, flatlines and missed opportunities.

Challenges in Criminal Justice (2022)
Book
Johnston, E. (Ed.). (2022). Challenges in Criminal Justice. Routledge

This collection examines contemporary challenges to the criminal justice system in England and Wales. The chapters, written by established academics, rising stars and practising lawyers, seek not only to highlight these challenges but to offer sol... Read More about Challenges in Criminal Justice.

Released under investigation: High time to bail out (2022)
Journal Article
Sosabowski, M. H., & Johnston, E. (2023). Released under investigation: High time to bail out. Journal of Criminal Law, 87(4), 266-280. https://doi.org/10.1177/00220183221078935

Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption ag... Read More about Released under investigation: High time to bail out.

Criminology and Law (2021)
Book
Johnston, E., & Marsh, S. (2021). Criminology and Law. Hall and Stott Publishing

The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System (2021)
Book
Johnston, E. (2021). The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System. Lexington Books

The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused... Read More about The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System.

The pre-trial process of England and Wales (2020)
Book Chapter
Johnston, E., & Jasinski, D. (2020). The pre-trial process of England and Wales. In E. Johnston, R. Erbaş, & D. Jasınskı (Eds.), A comparative analysis of pre-trial procedure in Europe: The search for an ideal model: England and Wales. Istanbul University Press. https://doi.org/10.26650/B/SS26.2020.014

This chapter analyses the core functions of the adversarial pre-trial process of England and Wales. The chapter takes a chronological approach to the how the operation of the process. Here we examine the role of the custody officer, the regulation of... Read More about The pre-trial process of England and Wales.

Marketisation and competition in criminal legal aid: implications for access to justice (2020)
Book Chapter
Smith, T., & Johnston, E. (2020). Marketisation and competition in criminal legal aid: implications for access to justice. In K. Albertson, M. Corcoran, & . J. Phillips (Eds.), Marketisation and Privatisation in Criminal Justice. Bristol: Policy Press

Legal aid, particularly in criminal justice, is a divisive subject. For its most devoted proponents, state funding of legal representation and advice for those accused of crime is a vital public good which helps to uphold values of fairness, justice... Read More about Marketisation and competition in criminal legal aid: implications for access to justice.

The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules (2019)
Journal Article
Johnston, E. (2020). The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules. International Journal of Evidence and Proof, 24(1), 35-58. https://doi.org/10.1177/1365712719867972

© The Author(s) 2019. This article contends that piecemeal changes to the adversarial process since the dawn of the new millennium have transformed the CJS. The advent of (near) compulsory disclosure means the defendant has to reveal many elements of... Read More about The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules.

Defendant participation in the criminal process book review (2018)
Journal Article
Johnston, E. (2018). Defendant participation in the criminal process book review. Criminal Law Review -London-, 2018(5), 418-421

Abenaa Owusu-Bempah’s book, Defendant Participation in the Criminal Process, argues that the growing obligation for the defendant to participate in the criminal process lacks justification. The first half of the book creates a normative theory that t... Read More about Defendant participation in the criminal process book review.

The defence lawyer in the modern era (2018)
Thesis
Johnston, E. The defence lawyer in the modern era. (Thesis). University of the West of England. Retrieved from https://uwe-repository.worktribe.com/output/1491277

In the adversarial legal system the criminal defence lawyer is a fundamental cornerstone. Traditionally, defence lawyers had to consider three competing duties when carrying out their work; the duty to the client, the duty to the court and finally th... Read More about The defence lawyer in the modern era.

Howzat?!: In limbo: Ben Stokes and the use of released under investigation (2017)
Journal Article
Johnston, E. (2017). Howzat?!: In limbo: Ben Stokes and the use of released under investigation. Criminal Law and Justice Weekly, 181, 828-829

This article examines the decrease in the use of police bail and the increase in Released Under Investigation. The article highlights a number of differing issues with the use of RUI and examines the Ben Stokes case a prime example; he is effectively... Read More about Howzat?!: In limbo: Ben Stokes and the use of released under investigation.

The digital revolution: Body worn cameras and ‘street’ interviews (2017)
Journal Article
Johnston, E., & Smith, T. (2017). The digital revolution: Body worn cameras and ‘street’ interviews. Criminal Law and Justice Weekly, 181, 769-771

This article examines the idea that the police can interview suspects away from the police station. The article focuses on the due process concerns of such activity.

(The lack of) disclosure and the constant drive for efficiency (2017)
Journal Article
Johnston, E. (2017). (The lack of) disclosure and the constant drive for efficiency. Criminal Law and Justice Weekly, 181, 524-526

With the recent HMIC report on the disclosure of unused material and the Mouncher Report (both published July 2017) calling for both: 1. Better training of disclosure officers and 2. Better communication between the police and CPS; this paper calls... Read More about (The lack of) disclosure and the constant drive for efficiency.

The early guilty plea scheme and the rising wave of managerialism (2017)
Journal Article
Johnston, E., & Smith, T. (2017). The early guilty plea scheme and the rising wave of managerialism. Criminal Law and Justice Weekly, 181(13), 210-212

This article examines the ramifications of the early guilty plea scheme. The article highlights a number of issues for both adversarialism and ever increasing desire for a more efficient criminal justice process.

The prison system is in crisis: Let's not look to Hollywood for the answer (2017)
Journal Article
Johnston, E. (2017). The prison system is in crisis: Let's not look to Hollywood for the answer. Criminal Law and Justice Weekly, 181(9), 144-145

Recently, the Justice Secretary, Liz Truss, suggested the prison system in England and Wales should mirror the Shawshank Redemption. Truss intimates that the system should be a place of hope and reform. This article points out the option to focus on... Read More about The prison system is in crisis: Let's not look to Hollywood for the answer.

All rise for the interventionist: The judiciary in the 21st century (2016)
Journal Article
Johnston, E. (2016). All rise for the interventionist: The judiciary in the 21st century. Journal of Criminal Law, 80(3), 201-213. https://doi.org/10.1177/0022018316647870

This paper will examine the changing role played by the judiciary in criminal trials. The paper examines the genesis of the adversarial criminal trial that was born out of lifting the prohibition on defence counsel in trials of treason. The paper wil... Read More about All rise for the interventionist: The judiciary in the 21st century.

Brain scanning and lie detectors: The implications for fundamental defence rights (2016)
Journal Article
Johnston, E. (2016). Brain scanning and lie detectors: The implications for fundamental defence rights. European Journal of Current Legal Issues, 22(2),

This paper will explore how the use of neuroscientific technology to identify deception may impact on the human rights of the accused. The particular focus of the paper centres on accused persons in England and Wales. However, in order to understand... Read More about Brain scanning and lie detectors: The implications for fundamental defence rights.

The early guilty plea: The need for adequate disclosure (2016)
Journal Article
Johnston, E. (2016). The early guilty plea: The need for adequate disclosure. Criminal Law and Justice Weekly,

This paper examines the implementation of the early guilty plea scheme. Furthermore, the paper highlights the potential ramifications the scheme holds for both defendants and adversarial criminal justice in England and Wales.

The innocent cannot afford to plead guilty: The impact of the criminal court charge (2015)
Journal Article
Johnston, E. (2015). The innocent cannot afford to plead guilty: The impact of the criminal court charge. Criminal Law and Justice Weekly, 179, 670-671

The article examines the impact of the controversial criminal court charge. The article suggests there are wide ranging consequences of the charge which exacerbate the already over crowded prison system. Furthermore, the charge is in direct conflict... Read More about The innocent cannot afford to plead guilty: The impact of the criminal court charge.

Your Criminal Law (2015)
Digital Artefact
Johnston, E., & Jasinski, D. (2015). Your Criminal Law

This is an iOS app and it is designed to be a study companion to first year undergraduates reading law. This is a comprehensive app that easily explains the core tenets of criminal law in an easy accessible manner. The app has extensive case analysis... Read More about Your Criminal Law.

Neuroscientific evidence: A criminal justice dream or an adversarial nightmare? (2013)
Journal Article
Johnston, E., & Jasinski, D. (2013). Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?. International Journal of Liability and Scientific Enquiry, 6(4), 193-205. https://doi.org/10.1504/IJLSE.2013.060843

This exploratory paper seeks to examine the use of neuroscientific evidence in the criminal trial process. Such evidence is not currently employed in the pre-trial or trial stages in England and Wales. However, the first use of polygraph lie detector... Read More about Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?.