Criminal Defence and Procedure Comparative Ethnographies in the Unit
Procedure is not just a programme or a nexus of formalities. It is something done by legal experts and lay participants in a highly concerted ensemble. Procedure frames and advances all law-relevant activities. This book, written by three authors from dif
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Criminal Defence and Procedure Comparative Ethnographies in the United Kingdom, Germany, and the United States Thomas Scheffer Humboldt Universität zu Berlin, Germany
Kati Hannken-Illjes Friedrich Schiller Universität Jena, Germany
Alexander Kozin Freie Universität Berlin, Germany
© Thomas Scheffer, Kati Hannken-Illjes, Alexander Kozin 2010 Softcover reprint of the hardcover 1st edition 2010 978-0-230-23022-4
All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2010 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-31124-8 DOI 10.1057/9780230283114
ISBN 978-0-230-28311-4 (eBook)
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Contents
List of Figures
vi
1 Introducing Procedure
1
2 Field Access as an Ongoing Accomplishment
24
3 Procedural Past: Binding and Unbinding
50
4 Procedural Future: The Politics of Positioning
83
5 Procedural Presence: Failing and Learning
117
6 Courts as Ways of Knowing
138
Postscript
165
Notes
173
References
182
Index
201
v
List of Figures
6.1 Graphic representation of a US courtroom 6.2 Graphic representation of an English courtroom 6.3 Graphic representation of a German courtroom
vi
143 145 148
1 Introducing Procedure
In this book we would like to offer a comparative ethnomethodological study of the criminal defense work in three legal settings: German, American (US), and English. The study is based on the programmatic ethnome
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