Provides life-stories from boys' experiences in residential shcool. Wirtten by a leading expert in the field. Of interest to all scholars, students and professionals in social work, social care, allied health and sociology

The political, economic and social transformations that have taken place in China over the last half-century have had a major impact upon the formal methods, institutions and mechanisms used to deal with alleged criminal infractions. This path-breaking book, based upon the largest and most systematic empirical inquiry ever undertaken in China, analyzes the extent to which changes to the formal legal structure have resulted in changes to the law in practice. With unprecedented access to prosecution case files, observation of live trials and interviews with judges, prosecutors and defence lawyers, the book paints a uniquely detailed picture of China's criminal justice system as it operates in everyday cases. Among the major themes explored are: bail; detention; torture; confessions; the role of police, prosecutors and judges; the work of defence lawyers; pre-trial and trial practice; and sentencing practices, including the death penalty. The book shows, through volumes of quantitative data and the voices of judges, prosecutors and defence lawyers, how the party-state continues to influence and control both the process and outcome of criminal trials through an elaborate system of audit and sanction, the result of which is a system of aggregate rather than individual justice. With a wealth of original empirical data, this book will be of significant interest to academics and postgraduate students in the general area of Chinese Studies, human rights, criminal justice and comparative criminal justice. Policy makers, politicians and development agencies will also find it invaluable. With contributions from: Satnam Choongh, Pinky Choy Dick Wan, Eric Chui Wing Hong, Ian Dobinson and Carol Jones

This book provides a detailed exploration of the responses of the criminal justice system to domestic abuse in Northern Ireland. The book's primary focus is on developments which have taken place since around 2010, and in particular since the restoration of the Northern Ireland Assembly in January 2020 after a three year suspension. The book includes discussion of the increased levels of domestic abuse in Northern Ireland in the context of the COVID-19 pandemic, and analyses the ways in which the criminal justice system responded. In addition, the book includes in-depth discussion of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which had the effect of criminalising coercive control, and the implications of this legislation for Northern Ireland's response to domestic abuse. The book will be of great interest to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology; as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. It can also be used on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.

This book uses a controversial criminal immigration court procedure along the Mexico-U.S. border called Operation Streamline as a rich setting to understand the identity management strategies employed by lawyers and judges. How do individuals negotiate situations in which their work-role identity is put in competition with their other social identities such as race/ethnicity, citizenship/generational status, and gender? By developing a new and integrative conceptualization of competing identity management, this book highlights the connection between micro level identities and macro level systems of structural racism, nationalism, and patriarchy. Through ethnographic observations and interviews, readers gain insight into the identity management strategies used by both Latino/a and non-Latino/a legal professionals of various citizenship/generational statuses and genders as they explain their participation in a program that represents many of the systemic inequalities that exist in the current U.S. criminal justice and immigration regimes. The book will appeal to scholars of sociology, social psychology, critical criminology, racial/ethnic studies, and migration studies. Additionally, with clear descriptions of terminology and theories referenced, students can learn not only about Operation Streamline as a specific criminal immigration proceeding that exemplifies structural inequalities but also about how those inequalities are reproduced-often reluctantly-by the legal professionals involved.

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

This book examines the social and legal regulation of domestic violence (DV) within the Kesarwani business community following the enactment of the Protection of Women from Domestic Violence Act 2005. It analyses the existence of the formal law in Kolkata and the relevance of the law in the familial lives of the Kesarwani community. The book offers a new conceptualisation of examining the relationship between formal law and social life. It provides a deep insight into how living with violence becomes a way of living and how the disposition to familial violence exists with social advantage and privilege. Explaining the functioning of the formal DV framework in non-legal terms as it exists on the paper, the book shows the ways in which this one law sought to democratise the family unit and overhaul the legal process in favour of DV victims in India. Most of all it hopes to show through the Kolkata study that caste and class, social structures that regulate and define social life globally, must remain critical to discussions of the social and legal regulation of DV in Kolkata, India or anywhere in the world. The book uses ethnography as a research methodology and traverses different locations in the Kesarwani community, and outside the community in Kolkata, to examine the relevance of the formal law in the lives of Kesarwani women. While the study is in India (and in a non-western context), the theme of the study - the social and legal regulation - remains relevant to contemporary debates on the efficacy of formal law in addressing coercive control in the western world. Notably, the book makes the formal domestic violence law legible for non-legal professionals by explaining the formal legal framework of domestic violence envisaged in the PWDVA. This book will be of interest to students and scholars of law, criminal justice, sociology, anthropology, women's studies, and political science. It will also appeal to social service providers and practitioners working in the area of domestic violence, legal regulation, social control of women, gender, caste, class and family business.

This collection provides new insights into the 'Age of Revolutions', focussing on state trials for treason and sedition, and expands the sophisticated discussion that has marked the historiography of that period by examining political trials in Britain and the north Atlantic world from the 1790s and into the nineteenth century. In the current turbulent period, when Western governments are once again grappling with how to balance security and civil liberty against the threat of inflammatory ideas and actions during a period of international political and religious tension, it is timely to re-examine the motives, dilemmas, thinking and actions of governments facing similar problems during the 'Age of Revolutions'. The volume begins with a number of essays exploring the cases tried in England and Scotland in 1793-94 and examining those political trials from fresh angles (including their implications for legal developments, their representation in the press, and the emotion and the performances they generated in court). Subsequent sections widen the scope of the collection both chronologically (through the period up to the Reform Act of 1832 and extending as far as the end of the nineteenth century) and geographically (to Revolutionary France, republican Ireland, the United States and Canada). These comparative and longue duree approaches will stimulate new debate on the political trials of Georgian Britain and of the north Atlantic world more generally as well as a reassessment of their significance. This book deliberately incorporates essays by scholars working within and across a number of different disciplines including Law, Literary Studies and Political Science.

This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.

PRAISE FOR THE BOOK "Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field." Professor James Chalmers, University of Glasgow "Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences." Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

This book descibes in detail the development of substantive criminal law during the nineteenth and early twentieth centuries. The author examines the forces which shaped criminal jurisprudence throughout the course of this period, paying particular attention to the activities of legislators and reformers, to parallel developments in the study of punishment and human psychology, to general social and political changes and to the growth of an organised police force and its reliance upon formal rules of proceedure and evidence.

Why have many victim-centred policy initiatives met with so little success? How have those initiatives unfolded differently in different global jurisdictions over different periods of time? This book aims to address these questions. Building on a major research project exploring victims' access to justice over time and place, Victims' Access to Justice considers the potentialities for victims' participation in criminal justice systems and in victim programmes both in historical and comparative context. It considers a range of topics: ways of identifying and accommodating victims' needs and senses of justice; the impacts for criminal justice systems of seeking to accommodate these; and the ways in which adversarial criminal justice systems, in particular, may enable or inhibit victim participation. This is essential reading for all those engaged in understanding and working with victims of crime.

This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990-2020), and how they have managed the process. Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects. This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.

In Arts in Corrections, the author-a poet, translator and teacher-takes readers on a chronological journey through an annotated selection of 24 of his own publications from 1981 to 2014 which recount his experiences teaching, consulting and documenting US arts programs in prisons, jails and juvenile facilities. Anyone interested in corrections and arts-in-corrections will be drawn in by the poetic sensibility Hillman brings to his writing. Readers will gain a historical and personal perspective not only into correctional arts programming in the US over the last 40 years, but also the institutional transformations in policy, culture, populations, economics, and the criminological mission expansion into other institutional settings like K-12 education. Original essays, articles, monographs and poems are interspersed with recent annotations to deliver not only a top-down view of the correctional system but also the author's personal journey of "discouragement and hope" from work conducted in approximately 200 adult and juvenile facilities in 30 states and six countries. This comprehensive book is essential reading for a broad cross-section of international readers interested in and involved in the arts-in-corrections field. With two million individuals behind bars in the US at any given time, the profile of arts programs in prisons and jails is rising and interest in criminal-justice matters more generally is increasing. This includes not only arts-in-corrections professionals, policy makers, students, researchers, advocates and academics, but professionals in multiple other fields as well as the general public.

This book explores practical examples of co-production in criminal justice research and practice. Through a series of seven case studies, the authors examine what people do when they co-produce knowledge in criminal justice contexts: in prisons and youth detention centres; with criminalised women; from practitioners' perspectives; and with First Nations communities. Co-production holds a promise: that people whose lives are entangled in the criminal justice system can be valued as participants and partners, helping to shape how the system works. But how realistic is it to imagine criminal justice "service users" participating, partnering, and sharing genuine decision-making power with those explicitly holding power over them? Taking a sophisticated yet accessible theoretical approach, the authors consider issues of power, hierarchy, and different ways of knowing to understand the perils and possibilities of co-production under the shadow of "justice". In exploring these complexities, this book brings cautious optimism to co-production partners and project leaders. The book provides a foundational text for scholars and practitioners seeking to apply co-production principles in their research and practice. With stories from Australia, the United Kingdom, and Ireland, the text will appeal to the international community. For students of criminology and social work, the book's critical insights will enhance their work in the field.

This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods. The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries. The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

1. This is still the leading book on the market offering an introductory overview of Queer Criminology. The new edition has been fully updated to include new development in theory and research and offers further coverage of international issues and a new chapter on intersectionality. 2. This book is useful supplementary reading for courses on gender and crime, law and sexuality, multiculturalism and criminal justice and diversity and criminal justice and can also be used as a core text on the growing number of courses covering Queer Criminology. 3. The original edition was winner of the 2016 Book Award from the American Society of Criminology, Division of Critical Criminology.

The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim's rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.

This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the 'substantiality requirement'. This refers to the requirement in international law that intended destruction should be directed towards a 'substantial' part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging 'relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of 'substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.

Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public's need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.

This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.

This book offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. The fourth edition has been revised, updated, expanded and features a new expert co-author. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control, to diversity and discrimination, to the global dimensions of criminal justice, including organised crime and the role performed by transnational policing organisations to combat it. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance, and the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatisation, multi-agency working, community-based criminal justice policy and the impact of the Covid-19 pandemic on the delivery of criminal justice policy; a revised chapter that deals in detail with new and emerging forms of criminality and the response of the UK and global criminal justice system to these developments. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features include review questions, lists of further reading, timelines of key events and a glossary of key terms.

1. This books cuts across various subjects within criminology, including juvenile justice, sentencing and punishment, community corrections, and delinquency. 2. The books ethnographic approach makes this an engaging read, and could easily be set as reading on courses such as juvenile delinquency and community corrections. 3. Diversion is a big topic in youth and juvenile justice, and this book offers fresh and innovative new data.

This book discusses private policing conducted by fraud examiners and financial crime specialists when there is suspicion of white-collar crime. The theory of convenience applies to the suspected crime, while the maturity model applies to the conducted investigation. Private policing of economic crime by fraud examiners in internal investigations is a topic of increasing concern as there is a growing business for law firms and auditing firms to conduct inquiries and reviews when there is suspicion of misconduct, wrongdoing, and crime by white-collar offenders. The key features of this book are the application of a structural model for convenience theory and the application of a maturity model for fraud examinations. The structural model assesses convenience themes for motive, opportunity, and willingness in each case study, while the maturity model assesses the level of private policing maturity in fraud examinations. For the first time, two emerging frameworks to study white-collar offenses and private policing maturity are introduced and applied to a number of cases from Denmark, Iceland, Moldova, the Netherlands, Norway, Sweden, and Switzerland. This book will be essential to those studying law, business, and criminology, as well as practicing fraud examiners.