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Books > Law > Laws of other jurisdictions & general law > Criminal law
An inside look at the struggles former prisoners face in reentering
society Every year, roughly 650,000 people prepare to reenter
society after being released from state and federal prisons. In
Halfway House, Liam Martin shines a light on their difficult
journeys, taking us behind the scenes at Bridge House, a
residential reentry program near Boston, Massachusetts. Drawing on
three years of research, Martin explores the obstacles these former
prisoners face in the real world. From drug addiction to poverty,
he captures the ups and downs of life after incarceration in vivid,
engaging detail. He shows us what, exactly, it is like to live in a
halfway house, giving us a rare, up-close view of its role in a
dense and often confusing web of organizations governing prisoner
reentry. Martin asks us to rethink the possibilities-and
pitfalls-of using halfway houses to manage the worst excesses of
mass incarceration. A portrait of life in the long shadow of the
carceral state, Halfway House lets us see the struggles of reentry
through the eyes of former prisoners.
Extremism in the United States presents students with a collection
of articles that chronicle the development of violent white
supremacist extremism in the United States from the Know-Nothing
era to the January 6 insurrection. The book examines how right-wing
groups mobilized in the last half of the 20th century to become a
strong negative influence upon American society. The opening unit
discusses the diversity of extremism in America and in the world,
and how extremism has changed over time. Proceeding units examine
the American Eugenics Movement; the mobilization of white supremacy
through Neo-Nazis, Skinheads, and militiamen; the rise of the
Alt-Right in the United States; and strategies for resisting
extremism in the 21st century. In closing units, students read
articles on lone wolf offenders, internet radicalization, and ways
to combat white supremacist violence in the future. A timely and
contemporary resource, Extremism in the United States is an ideal
textbook for courses in sociology, criminal justice, and terrorism.
Criminal Law: The Essentials provides students with a concise and
straightforward introduction to the world of criminal law. The
textbook presents readers with brief case excerpts and statutes to
demonstrate how criminal laws can align or diverge depending upon
location and jurisdiction. The opening chapter discusses the
emergence of law, philosophies on punishment in society,
constitutional limitations on criminal law in the United States,
the classification of crimes, and more. Additional chapters explore
the elements of a crime, anticipatory offenses and parties to
crimes, defenses to criminal culpability, and criminal homicide.
Students learn about the nuances of various types of crime: against
the person, property, crimes against public order and public
decency, crimes against the government, and substance abuse crimes.
The final chapter addresses sentencing. New and/or expanded topics
for the fourth edition include the insanity defense; intimate
partner violence; elder abuse; academic and related fraud; animal
law; contempt of court; mandatory minimum sentencing; capital
punishment; sex offender registration; and more. Additional
statutes, cases, and other materials are available in an online
supplement to the text.
The Forensic Studies Anthology provides students with highly
valuable, class-tested readings that introduce them to forensic
studies and underscore the importance of forensic evidence within
the criminal justice system. The anthology features 12 chapters
divided into three major parts. Unit I focuses on forensic thinking
and the skills forensic scientists must possess to be successful in
the field. These readings speak to the importance of preserving and
recording evidence, the dangers of individualization fallacy, and
how critical it is for politicians and leaders to invest in science
and forensics to support the investigation and solving of crimes.
In Unit II, students read articles about technology and science.
They learn about the use of mobile data in criminal investigations,
video forensics, forensic dentistry, and the careers of
histotechnicians, who specialize in preparing biological slides for
examination. The final section is focused on improving forensics
and includes readings that discuss digital evidence, balancing
fairness in cases involving DNA, post-conviction remedies, and
using a logical framework in DNA cases, with the Amanda Knox case
serving as an example. Designed to inspire critical thought and
ethical practice, The Forensics Studies Anthology is an ideal
supplementary resource for foundational courses in forensics,
criminal justice, and criminology.
Examines the outsized influence of jurors on prosecutorial
discretion Thanks to television and popular media, the jury is
deeply embedded in the American public's imagination of the legal
system. For the country's federal prosecutors, however, jurors have
become an increasingly rare sight. Today, in fact, less than 2% of
their cases will proceed to an actual jury trial. And yet, when
federal prosecutors describe their jobs and what the profession
means to them, the jury is a central theme. Anna Offit's The
Imagined Juror examines the counterintuitive importance of jurors
in federal prosecutors' work at a moment when jury trials are
statistically in decline. Drawing on extensive field research among
federal prosecutors, the book represents "the first ethnographic
study of US attorneys," according to legal scholar Annelise Riles.
It describes a world of legal practice in which jurors are
frequently summoned-as make-believe audiences for proposed
arguments, hypothetical evaluators of evidence, and invented
decision-makers who would work together to reach a verdict. Even
the question of moving forward with a prosecution often hinges on
how federal prosecutors assume a jury will react to elements of the
case-an exercise where the perspectives of the public are imagined
and incorporated into every stage of trial preparation. Based on
these findings, Offit argues that the decreasing number of jury
trials at the federal level has not eliminated the influence of the
jury but altered it. As imaginary figures, jurors continue to play
an important and understudied role in shaping the work and
professional identities of federal prosecutors. At the same time,
imaginary jurors are not real jurors, and prosecutors at times
caricature the public by leaning on stereotypes or preconceived and
simplistic ideas about how laypeople think. Imagined jurors, it
turns out, are a critical, if flawed, resource for introducing lay
perspective into the legal process. As Offit shows, recentering
laypeople and achieving the democratic promise of our legal system
will require renewed commitment to the jury trial and juries that
reflect the diversity of the American public.
Could the courts really order the death of your innocent baby? Was
there an illegal immigrant who couldn't be deported because he had a
pet cat? Are unelected judges truly enemies of the people?
Most of us think the law is only relevant to criminals, if we even
think of it at all. But the law touches every area of our lives: from
intimate family matters to the biggest issues in our society.
Our unfamiliarity is dangerous because it makes us vulnerable to media
spin, political lies and the kind of misinformation that frequently
comes from loud-mouthed amateurs and those with vested interests. This
'fake law' allows the powerful and the ignorant to corrupt justice
without our knowledge – worse, we risk letting them make us complicit.
Thankfully, the Secret Barrister is back to reveal the stupidity,
malice and incompetence behind many of the biggest legal stories of
recent years. In Fake Law, the Secret Barrister debunks the lies and
builds a defence against the abuse of our law, our rights and our
democracy that is as entertaining as it is vital.
Treat yourself to Second Helpings and more choice cuts in the style
of Simon Brown's much lauded first volume of memoirs, Playing off
the Roof & Other Stories. Exuberantly revisiting his early
years in National Service, at Oxford and as a young barrister, Lord
Brown recalls matters grave and trivial from his time at the Bar
and on the Bench, along the way regaling us with tales of
Paddington Bear, Nigel Lawson and Mozart at the Warsaw opera. He
also has something to say about the current legal scene and
considers such thorny problems as the 2019 prorogation judgment and
whether trial by jury might be dispensed with in order to clear a
mounting backlog of criminal cases. Drawing witty lessons from a
life of trials, Lord Brown finds time to muse on when a judge might
choose to change a sentence already imposed, what to say after
dinner and why the game of golf is strictly for the birds!
Essentials of Medicolegal Death Investigation uses a unique
approach by combining medical issues, injury patterns, and
investigative procedures to provide the reader with the basic
fundamentals for a death investigation. The text introduces the
reader to death investigation, common causes of death, and very
specific types of death, including blunt-force injuries, gunshot
wounds, and toxicology deaths. Each section includes case studies
with written and visual descriptions. Written by a well-known and
experienced medicolegal death investigator, the book fills a void
in medicolegal literature for both students and professionals
alike.
Legal precedents created during Prohibition have lingered, leaving
search-and-seizure law much better defined than limits on police
use of force, interrogation practices, or eyewitness identification
protocols. An unlawful trunk search is thus guarded against more
thoroughly than an unnecessary shooting or a wrongful conviction.
Intrusive searches for alcohol during Prohibition destroyed
middle-class Americans' faith in police and ushered in a new basis
for controlling police conduct. State courts in the 1920s began to
exclude perfectly reliable evidence obtained in an illegal search.
Then, as Prohibition drew to a close, a presidential commission
awakened the public to torture in interrogation rooms, prompting
courts to exclude coerced confessions irrespective of whether the
technique had produced a reliable statement. Prohibition's scheme
lingered long past the Roaring '20s. Racial tensions and police
brutality were bigger concerns in the 1960s than illegal searches,
yet when the Supreme Court imposed limits on officers' conduct in
1961, searches alone were regulated. Interrogation law during the
1960s, fundamentally reshaped by the Miranda ruling, ensured that
suspects who invoked their rights would not be subject to coercive
tactics, but did nothing to ensure reliable confessions by those
who were questioned. Explicitly recognizing that its decisions
excluding evidence had not been well-received, the Court in the
1970s refused to exclude identifications merely because they were
made in suggestive lineups. Perhaps a larger project
awaits-refocusing our rules of criminal procedure on those concerns
from which Prohibition distracted us: conviction accuracy and the
use of force by police.
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 book presents the first detailed study of 'indirect
criminalisation' (the legal treatment of antisocial behaviour
through civil preventative measures such as the ASBO) in England
and Wales. Since the late 20th century many Western jurisdictions
introduced a range of civil preventive measures in order to prevent
and deal with various types of criminality. Although the stated
objective of these interventions is the prevention of crime, their
implementation can result in the imposition of restrictions akin to
criminal punishment leading to the indirect criminalisation of
certain kinds of behaviour. Through the adoption of an
interdisciplinary approach which combines criminal law theory and
empirical criminology, this book engages with the phenomenon of
indirect criminalisation using the legal framework on anti-social
behaviour in England and Wales as a case study. It engages with
central questions within legal theory: - what are the normative
challenges posed by indirect criminalisation and mechanisms for
distinguishing criminal from non-criminal rules? - how can such
questions be tested and applied empirically? - has the ASBO's
successor been operating as de facto criminal measure?
Step by Step: An Introduction to Conducting Research in Criminology
and Criminal Justice is a collection of readings, materials, and
application exercises designed to assist readers with understanding
the value, importance, and process of conducting research within
criminology and criminal justice. Exercises presented throughout
the text guide students through the step-by-step process of
developing a comprehensive research proposal or research study that
aligns with their professional interests. The opening chapter
introduces readers to the value and potential applications of
research findings within criminology, criminal justice, and related
fields, and summarizes different types of research which may be
employed within these disciplines. Additional chapters address
ethical considerations, the steps involved in the research process,
the value of research partnerships with community organizations,
and conducting a literature review. Students learn about research
design and measurement, methods for primary and secondary data
collection, and data analysis. The closing chapter focuses on
writing and formatting the final research proposal or report.
Emphasizing practical application and designed to help students
develop competent research practices, Step by Step is an
exceptional resource for students in criminology, criminal justice,
victimology, and other social service majors or occupations.
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.
Featuring chapters written by various experts in the discipline,
Critical Issues in Criminal Justice: Historical Perspectives
provides students with well-researched information regarding vital
developments in the field of criminal justice, all the while
framing these developments with historical context and insight. The
book features five distinct sections. In Section I, chapters
address the need for diversity in policing, the relationship
between the economy, police staffing, and crime rates, use of force
in policing, and terrorism. Section II offers chapters on the
effects of mass incarceration on minorities and restorative
justice. In Section III, students read about DNA evidence in court
cases, the criminal justice system and the media, and the challenge
of child pornography cases. Section IV addresses special topics,
including criminal justice education, immigration policy, PTSD and
healing in criminal justice personnel, and transitional justice.
The final section provides perspectives on implicit bias in law
enforcement, juvenile justice in California, and new standards and
principles for policing. Critical Issues in Criminal Justice
explores the history of the criminal justice system, both its
trials and triumphs, in an effort to encourage future practitioners
to learn from the past and move the discipline forward. It is ideal
for criminal justice courses and programs.
In Corporate Criminal Liability and Compliance Management Systems:
A Case Study of Spain, Santiago Wortman Jofre offers a case study
where he examines the way in which Spain understands and implements
Compliance Management Systems. Corporate criminal liability has
become a matter of controversy in civil law countries since it
challenges the traditional principle of societas delinquere non
potest, by which corporations cannot be held criminally
responsible. However, corporations have taken a new position in the
world's political agenda, as evidenced by the 2017 G20's High Level
Principles on the Liability of Legal Persons for Corruption. The
new trend in criminal law advocates for the criminal responsibility
of legal persons and pushes for the implementation of Compliance
Management Systems as deterrent for corporate criminality. Santiago
Wortman Jofre then presents evidence on the role of criminal
justice and the importance of positive stimuli requirements as
effective incentives to drive companies to implement compliance
programs.
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