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Books > Law > Laws of other jurisdictions & general law > Criminal law
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.
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 contributors acknowledge and examine the vast array of challenges in global criminal justice, from the role of the International Criminal Court to policing, the integration of technology, and how marginalized groups, such as sex workers and those with addictions, are treated in the courts. With contributions from scholars in England and Wales, New Zealand, Croatia, Spain, the Netherlands, Canada, and The Republic of North Macedonia, this book is not limited to one jurisdiction, and highlights that criminal justice is very much a global issue in a state of crisis. From policing to the courts, it is in urgent need of reform. Without a competent criminal justice system, justice does not exist. This book would be of interest to scholars in the legal, criminal justice, and criminology fields.
In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.
An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts.
Many times, the police are the first to respond to an individual in crisis; even those involving mentally ill. While we see evidence of positive change, there are still shortcomings when it comes to criminal justice response in the behavioral health system. There is a lack of access, availability, continuity, coordination, and responsiveness. But we see accomplishments to changes in attitudes and behaviors, through such programs like Crisis Intervention Specialist Training, CIT Training and Mental Health First Aid which have been well received. Changing Times: Transforming Culture and Behaviors for Law Enforcement proposes a shift to divert those in a behavioral health crisis away from incarceration and into treatment, as well as invites Law Enforcement intervention away from the criminal justice system and into treatment. The authors successfully blend the theoretical with hands-on experience throughout the book, enabling the reader to understand the influences of Law Enforcement's tradition and other forces that drive attitudes, culture and behavior and how to bring change. The additional and difficult task ahead is to bring about systemic change in culture and a concurrent change in attitudes and behaviors. Changing Times proves to be the reliable and accessible reference for those intent on bringing change to the vital effort of diversion.
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 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.
Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims' experiences of preparing and submitting statements, justice professionals' experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.
This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.
This book is the first Australian study, based on extensive fieldwork, of the personal backgrounds and processes by which juveniles get drawn into risky and violent situations that culminate in murder. Drawing on interviews with every juvenile under sanction of life imprisonment in the State of South Australia (2015-2019), it investigates links in the chain of events that led to the lethal violence that probably would have been broken had there been appropriate intervention. Specifically, the book asks whether the existing criminal justice frame is the appropriate way to deal with children who commit grave acts. The extent to which prison facilitates and/or inhibits the mental, emotional, and social development of juvenile 'lifers' is a critical issue. Most - if not all - will be released at some point, with key issues of risk (public protection) and rehabilitation (probability of desistance) coming sharply to the fore. In addition, this book is also the first to capture how significant others including mothers, fathers, grandparents, and siblings are affected when children kill and the level of commitment these relatives have towards supporting the prisoner in his or her quest to build a positive future. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, andpenology; practitioners working in social policy; and all those interested in the lives and backgrounds of juvenile offenders.
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 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.
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.
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people's freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon's theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP's leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP's legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
This book examines the use and impact of Australian Indigenous sentencing courts in response to Indigenous partner violence. In operation in Australia since 1999, these courts were first established by a magistrate in South Australia who sought to improve court communication and understanding, and trust in the criminal justice system for Indigenous people. Indigenous Courts, Culture and Partner Violence is the first book to consider how the transformation of a sentencing process into one that better reflects Indigenous cultural values can improve outcomes for both victims and offenders of Indigenous partner violence. It asks which aspects of the sentencing process are most important in influencing a change in attitude and behaviour of Indigenous offenders who repeatedly engage in abusive behaviour towards their partner, and what types of justice process better meets the relationship, rehabilitative and safety needs of Indigenous partner violence offenders and their victims? Marchetti examines the adaptation of a formal sentencing process to make it more culturally meaningful when responding to Indigenous partner violence, and gauges victim and offender views about how the court process has affected their lives and relationships, and elicits their views of violence within their communities. This innovative work will be of great interest to academics, researchers, policy makers, police, lawyers, family violence service providers and students.
This book presents both a new theoretical framework for the criminalisation of hate, referred to as "law as social justice liberalism", and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book sets out a comprehensive analysis of the harms of hate crime as a form of group-based oppression and uses this to set out criteria for the inclusion of protected characteristics under legislation. The second half of the book presents findings from a comparative study of hate crime laws enacted in 190 different legal jurisdictions. This includes a new taxonomy of types, models and legal tests used by legislatures to capture the myriad forms of hate-based criminal conduct that occur globally. Further evaluation of case law and empirical research on the application of these diverging legislative approaches is used to provide recommendations on how legislators ought to construct hate crime laws. The book completes its analysis of law as social justice liberalism by synthesising law, punishment and restorative justice as a means of ensuring that liberal systems of "justice" are more firmly anchored to the advancement of "social justice".
The United States needs someone who represents the poor and disenfranchised. Someone who has a seat at the table for any discussions of policy, funding, or priorities in the administration of justice. The United States needs a Defender General. In these times of reckoning-at last-with America's original sin of slavery and racist policies, with police misconduct, and with mass-incarceration, many in our country ask, "What can we do?" In this powerful and insightful book, Andrea D. Lyon explicates what is wrong with the criminal justice system through clients' stories and historical perspective, and makes the compelling case for the need for reform at the center of the system; not just its edges. Lyon, suggests that we should create an office of the Defender General of the United States and give it the same level of importance as the Attorney General and the Solicitor General. Such an office would not be held by someone who represents law enforcement, or corporate America, but rather by someone who represents and advocates for accused individuals, collectively before the powers that be. A Defender General would raise his or her voice against injustices like those involving the unnecessary killings of George Floyd and Breonna Taylor, or the Texas Supreme Court's refusal to let an innocent man, cleared by DNA, out of prison. The United States needs a Defender General.
Picking up where Exploring and Understanding Careers in Criminal Justice, left off, Matthew J. Sheridan and Thomas J. Lalka provide an updated guide for the novice and professional alike. The chapters are crafted to provide essential information to guide the job seeker from entrance into the profession, through career development, occupational refocus, professional options, to retirement preparation. Taking into consideration the effects of the pandemic, current social unrest, and recent tragedies, the authors examine how the "new normal" will bring change and opportunities throughout criminal justice careers. With an emphasis on planning, personal development, and preparation this book outlines career paths that can provide rewards for satisfaction during and after careers. On top of invaluable information on a variety of specific careers, this book also includes sixteen appendices that cover successful job hunting, internships, a guide to interview questions, a document portfolio checklist, paying for college, and profiles of 18 professionals in criminal justice field from a parole officer to a correctional architect. This is an excellent resource for students, faculty, advisors, and classroom instruction for guidance into a successful criminal justice career that will be loved, from first employment to retirement.
Picking up where Exploring and Understanding Careers in Criminal Justice, left off, Matthew J. Sheridan and Thomas J. Lalka provide an updated guide for the novice and professional alike. The chapters are crafted to provide essential information to guide the job seeker from entrance into the profession, through career development, occupational refocus, professional options, to retirement preparation. Taking into consideration the effects of the pandemic, current social unrest, and recent tragedies, the authors examine how the "new normal" will bring change and opportunities throughout criminal justice careers. With an emphasis on planning, personal development, and preparation this book outlines career paths that can provide rewards for satisfaction during and after careers. On top of invaluable information on a variety of specific careers, this book also includes sixteen appendices that cover successful job hunting, internships, a guide to interview questions, a document portfolio checklist, paying for college, and profiles of 18 professionals in criminal justice field from a parole officer to a correctional architect. This is an excellent resource for students, faculty, advisors, and classroom instruction for guidance into a successful criminal justice career that will be loved, from first employment to retirement.
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.
How does the Israeli criminal justice system treat its most significant minority group-the Arabs? This book explores the functioning of Israel's criminal justice system in the context of the volatile relationship between Jews and Arabs in Israel and the conflict between Jews and the Palestinians of the occupied territories. Examining decisions at each juncture of the system, the authors study the question of whether the system treats Arabs fairly and equally or discriminates against them. Aware of the potentially volatile nature of the subject, the authors have taken care to make the book methodologically sound and their findings level-headed. Their study shows that despite legislative efforts to protect minority rights and treat all citizens as equals, these goals are not always achieved. Arabs are treated differently in the criminal justice system.
The Routledge Handbook of Youth Sport is a comprehensive survey of the latest research into young people's involvement in sport. Drawing on a wide diversity of disciplines, including sociology, psychology, policy studies, coaching, physical education and physiology, the book examines the importance of sport during a key transitional period of our lives, from the later teenage years into the early twenties, and therefore helps us develop a better understanding of the social construction of young people's lives. The book covers youth sport in all its forms, from competitive game-contests and conventional sport to recreational activities, exercise and lifestyle sport, and at all levels, from elite competition to leisure time activities and school physical education. It explores youth sport across the world, in developing and developed countries, and touches on some of the most significant themes and issues in contemporary sport studies, including physical activity and health, lifelong participation, talent identification and development, and safeguarding and abuse. No other book brings together in one place such a breadth and depth of material on youth sport or the engagement of young people in physical activity. The Routledge Handbook of Youth Sport is therefore important reading for all advanced students, researchers, practitioners and policy-makers with an interest in youth sport, youth culture, sport studies or physical education.
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.
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. |
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