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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book illustrates current cyber laundering practices and the
underlying risks associated with them, such as cross-border crimes
and terrorism financing. Despite the existence of international
regulations and strong worldwide cooperation, countermeasures and
international response efforts are often hindered by enforcement
and jurisdictional issues, as well as online asset recovery
complexity.This work investigates the blockages to the
accomplishment of cyber laundering regulation and enforcement at
the international level. It provides strong legal recommendations
for fostering the construction of more efficient means of
implementation.
One of the great lawmen of the Old West, Bob Paul (1830-1901) cast
a giant shadow across the frontiers of California and Arizona
Territory for nearly fifty years. Today he is remembered mainly for
his friendship with Wyatt Earp and his involvement in the stirring
events surrounding the famous 1881 gunfight near the OK Corral in
Tombstone, Arizona. This long-overdue biography fills crucial gaps
in Paul's story and recounts a life of almost constant
adventure.
As told by veteran western historian John Boessenecker, this story
is more than just a western shoot-'em-up, and it reveals Paul to be
far more than a blood-and-thunder gunfighter. Beginning with Paul's
boyhood adventures as a whaler in the South Pacific, the author
traces his journey to Gold Rush California, where he served
respectively as constable, deputy sheriff, and sheriff in Calaveras
County, and as Wells Fargo shotgun messenger and detective. Then,
in the turbulent 1880s, Paul became sheriff of Pima County,
Arizona, and a railroad detective for the Southern Pacific. In 1890
President Benjamin Harrison appointed him U.S. marshal of Arizona
Territory.
Transcending local history, Paul's story provides an inside look
into the rough-and-tumble world of frontier politics, electoral
corruption, Mexican-U.S. relations, border security, vigilantism,
and western justice. Moreover, issues that were important in Paul's
career--illegal immigration, smuggling on the Mexican border, youth
gangs, racial discrimination, ethnic violence, and police-minority
relations--are as relevant today as they were during his
lifetime.
Providing an accessible introduction to the application of
multi-criteria analysis in law, this book illustrates how simple
additive weighing, a well known method in decision theory, can be
used in problem structuring, analysis and decision support for
overall assessments and balancing of interests in the context of
law. Through clear illustrations and a variety of concrete
examples, this book shows how simple additive weighing can be
applied in any situation in which there are one or more objectives,
multiple options and multiple decision criteria. Further
demonstrating the use of fuzzy logic in conjunction with this
method, Bengt Lindell adeptly shows the reader how
extra-disciplinary methods have much to contribute in a legal
decision-making context. The methods covered in this book help to
balance the issues of intuition versus structural analysis, risk
and uncertainty, and the merging of probability and utility in the
context of law. Practical and engaging, this book will prove an
indispensible guide for academics and scholars across many legal
disciplines. Public and private decision makers will also benefit
from its clear and concise approach, affording them new insights
into the application of multi-criteria analysis in law.
This edited volume seeks to reassess the old and to analyse and
develop novel approaches to the notion of proportionality in
criminal matters and the new security architecture. The discourse
is not limited to conventional constitutional constellations and
standard problems of sentencing in traditional criminal
proceedings. Rather, the book offers an interdisciplinary and
cross-jurisdictional exploration of highly topical,
proportionality-related issues pertinent to penal theory and legal
philosophy, criminalisation policies, security and anti-terrorism
strategies, alternative types of justice delivery, and
supranational enforcement as well as human rights and international
criminal and humanitarian law. In today's global risk society, with
its numerous visible and invisible enemies of the state and the
individual, balancing freedom and security has become nothing less
than an attempt at untying a Gordian knot. Against this background,
the proportionality of measures of crime prevention and repression
is unquestionably an issue of utmost importance, which basic
research and legal policy in rule-of-law based systems are urgently
called to address. The timely and fascinating contributions in this
book, covering jurisdictions from both the common law and the civil
law as well as hybrid and international jurisdictions, will appeal
to academics, researchers, policy advisers and practitioners
working in the areas of national and international criminal law,
comparative criminal justice/criminology and legal philosophy as
well as constitutional and security law.
This Short Introduction looks at judging and reasoning from three
perspectives: what legal reasoning has been; what legal reasoning
is from the view of judges and jurists; and what legal reasoning is
from the view of a social scientist epistemologist or humanities
specialist. Geoffrey Samuel begins by identifying the main
institutional focal points of legal reasoning (ius, regulae iuris,
Interpretatio, utilitas and actiones). While examining legal
reasoning from both an internal and external viewpoint, the book
simultaneously incorporates theory and scholarship from a range of
other disciplines including social science and film studies. The
author also includes a discussion of fiction theory, schemes of
intelligibility, and other epistemological issues as well as
standard reasoning devices such as induction, deduction and
analogy. Combining cases and materials with original text, this
unique, concise format is designed to be accessible for students
who are starting out on their law programs, as well as providing
insights for students and researchers who would like to examine
judging and legal reasoning in more depth.
'The rhetoric of transformation in transitional justice seems to be
everywhere. Padraig McAuliffe takes this agenda down to its roots
and exposes unproven or wishful assumptions that fail to connect
with conditions in actual post-conflict settings. This bracing and
powerful book, massively researched and tightly argued, throws down
a gauntlet and defines an agenda for future research. McAuliffe's
book is a singular and outstanding intervention in the transitional
justice field.' - Margaret Urban Walker, Marquette University
Despite the growing focus on issues of socio-economic
transformation in contemporary transitional justice, the path
dependencies imposed by the political economy of war-to-peace
transitions and the limitations imposed by weak statehood are
seldom considered. This book explores transitional justice's
prospects for seeking economic justice and reform of structures of
poverty in the specific context of post-conflict states. Systematic
and timely, this book examines how the evolution of contemporary
civil war, the modalities of peacemaking and peacebuilding, as well
as the role of grassroots forms of justice, condition prospects for
tackling the economic roots of conflict. It argues that discourse
in the area focuses too much on the liberal commitments of
interveners to the exclusion of understanding how interventionist
impulses are compromised by the agency of local actors. Ultimately,
the book illustrates that for transitional justice to become
effective in transforming structures of injustice, it needs to
acknowledge the salience of domestic political incentives and
accumulation patterns. Transitional justice scholars will find this
book indispensable as the first consideration of transitional
justice and economic transformation from the perspective of the
domestic political economy. Both peacebuilding and development
specialists will also benefit from its wealth of lessons to be
learned.
Criminal proceedings, it is often now said, ought to be conducted
with integrity. But what, exactly, does it mean for criminal
process to have, or to lack, 'integrity'? Is integrity in this
sense merely an aspirational normative ideal, with possibly diffuse
influence on conceptions of professional responsibility? Or is it
also a juridical concept with robust institutional purchase and
enforceable practical consequences in criminal litigation? The 16
new essays contained in this collection, written by prominent legal
scholars and criminologists from Australia, Hong Kong, the UK and
the USA, engage systematically with - and seek to generate further
debate about - the theoretical and practical significance of
'integrity' at all stages of the criminal process. Reflecting the
flexibility and scope of a putative 'integrity principle', the
essays range widely over many of the most hotly contested issues in
contemporary criminal justice theory, policy and practice,
including: the ethics of police investigations, charging practice
and discretionary enforcement; prosecutorial independence, policy
and operational decision-making; plea bargaining; the perils of
witness coaching and accomplice testimony; expert evidence;
doctrines of admissibility and abuse of process; lay participation
in criminal adjudication; the role of remorse in criminal trials;
the ethics of appellate judgment writing; innocence projects; and
state compensation for miscarriages of justice.
Despite 15 years of reform efforts, the incarceration rate in the
United States remains at an unprecedented high level. This book
provides the first comprehensive survey of these reforms and
explains why they have proven to be ineffective. After many decades
of stability, the imprisonment rate in the United States quintupled
between 1973 and 2003. Since then, nearly all states have adopted
multiple reforms intended to reduce imprisonment, but the U.S.
imprisonment rate has only decreased by a paltry two percent. Why
are American sentencing reforms since 2000 been largely
ineffective? Are tough mandatory minimum sentences for nonviolent
drug offenders the primary reason our prisons are always full? This
book offers a fascinating assessment of the wave of sentencing
reforms adopted by dozens of states as well as changes at the
federal level since 2000, identifying common themes among seemingly
disparate changes in sentencing policy and highlighting recent
reform efforts that have been more successful and may point the way
forward for the nation as a whole. In The Failed Promise of
Sentencing Reform, author Michael O'Hear exposes the myths that
American prison sentencing reforms enacted in the 21st century have
failed to have the expected effect because U.S. prisons are filled
to capacity with nonviolent drug offenders as a result of the "war
on drugs," and because of new laws that took away the discretion of
judges and corrections officials. O'Hear then makes a convincing
case for the real reason sentencing reforms have come up short:
because they exclude violent and sexual offenders, and because they
rely on the discretion of officials who still have every incentive
to be highly risk-averse. He also highlights how overlooking the
well-being of offenders and their families in our consideration of
sentencing reform has undermined efforts to effect real change.
Clearly identifies the real reasons that the wave of post-2000
sentencing reform has had minimal impact on reducing national
imprisonment rates Explains why reforms must target the excessive
sentences imposed on violent and sexual offenders, even though the
members of these offender groups are considered "justifiably
punished" by long prison terms in the public eye Enables readers to
understand why increased consideration for the well-being of
offenders and their families is likely a prerequisite to the
acceptance of more fundamental changes to the U.S. sentencing
system
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