Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book's detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and graduate students in social science courses on correctional policy, gender and crime, and social work.

Immigration and School Safety utilizes a multidisciplinary approach to expose the complex relationship between immigration and school safety in the United States. It addresses not only individual, intrapersonal, and environmental factors but also distant-level conditions that are relevant to the experiences of immigrant children and connected to school safety. Twenty-five percent of all youth in U.S. schools have at least one immigrant parent, and that percentage is expected to increase to 33 percent by 2040. A wide array of factors, including but not limited to laws, public and political discourses, educational policies, interpersonal relationships, socioeconomic status, English language proficiency, citizenship, legal status, family characteristics, race and ethnicity, generational status, nationality, religion, and gender, contribute to the marginalizing experiences of children of immigrants at school. With the rapid growth of students in immigrant families in U.S. schools, any effort to address school violence and implement school safety policies must consider barriers associated with the unique educational experiences of that segment. This book highlights the often overlooked importance of immigration as a mediating factor in explaining both violence and victimization and provides a blueprint for integrating immigration and criminology theories into evidence-based efforts toward ensuring safety for all students. The authors demonstrate that immigration matters significantly in school violence and safety concerns and illustrate why research that integrates immigration with criminology theories is needed to understand the causes and correlates of school violence. The book will appeal to a wide array of individuals, including academics, educators, policymakers, practitioners, social workers, parents, and stakeholders who are committed to addressing educational disparities and inequities associated with immigration and school safety.

Drawing on in-depth research, including interviews with former and serving detectives, this book explores how homicide investigation in England and Wales has changed since the 1980s and the opportunities and challenges that have arisen as a consequence. The investigation of homicide in England and Wales became subject to significant reform in the 1980s, when the inquiry into the Yorkshire Ripper investigation identified numerous failings in how the hunt for Peter Sutcliffe was conducted. These investigations have been subject to criticism and change from that moment onwards. This book explores how change has shaped every facet of these investigations, with four main areas identified: science and technology; legislation, regulation and guidance; investigative practice; and lastly, detective status and culture. The work shows that change has been the result of four primary catalysts: a growing preoccupation with risk, the changing political landscape, reactions to miscarriages of justice and other cases, and advances in science and technology. What has been lost and gained as a result of change is also explored. It has, in many ways, been positive as scientific and technological advances allow investigators to plot an offender's movements and draw a clearer picture of what transpired. However, change has created today's more risk-averse homicide detectives, who must manage the vast amounts of technological information that modern-day investigations now generate. They must also contend with a raft of legislation and guidance that now govern investigations and budget pressures not faced by their predecessors. The book will be a valuable resource for students, researchers and policymakers in the areas of criminal law and procedure, criminal justice, criminology, and policing.

This book is a biographical history of Rottnest Island, a small carceral island offshore from Western Australia. Rottnest is also known as Wadjemup, or "the place across the water where the spirits are", by Noongar, the Indigenous people of south-western Australia. Through a series of biographical case studies of the diverse individuals connected to the island, the book argues that their particular histories lend Rottnest Island a unique heritage in which Indigenous, maritime, imperial, colonial, penal, and military histories intersect with histories of leisure and recreation. Tracing the way in which Wadjemup/Rottnest Island has been continually re-imagined and re-purposed throughout its history, the text explores the island's carceral history, which has left behind it a painful community memory. Today it is best known as a beach holiday destination, a reputation bolstered by the "quokka selfie" trend, the online posting of photographs taken with the island's cute native marsupial. This book will appeal to academic readers with an interest in Australian history, Aboriginal history, and the history of the British Empire, especially those interested in the burgeoning scholarship on the concept of "carceral archipelagos" and island prisons.

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".

Develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe, and analyses the implications of actors pursuing political objectives through legal means. Will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.

This book uses the Canadian cannabis legalization experiment, analyzed in the historical context of wider drug criminalization in Canada and placed in an international perspective, to examine important lessons about the differential implementation of federal law in jurisdictions within federalist constitutional democracies. Utilizing a socio-legal, interdisciplinary methodology, the work provides a comprehensive history of Canada's federal drug policy and engages in a critical appraisal of its provincial implementation. It also presents a significant international and comparative component, bringing in analyses of the status of drug legalization in other federalist constitutional democracies. Readers of the book will thus gain a comprehensive knowledge of drug legalization in federalist constitutional democracies. They will also better understand the political and cultural factors that impact upon differential implementation of federal law in individual jurisdictions, including, but not limited to, legacies of racism and stigmatization of drug use. Using the experience of Canada and other countries, future challenges and lessons to be learned for states considering federal drug legalization are analyzed and explained. The book will be a valuable resource for students, academics and policy-makers in the areas of Criminal Law, Constitutional Law, Criminology, Socio-Legal Studies, Indigenous Studies, and Drug and Health Policy Studies.

This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.

This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This edited book explores prison masculinities, drawing from a wide range of international researchers to highlight how masculinities may divert from the "hypermasculine" or macho typology typically found in the prison masculinities literature. The book includes a diverse selection of writing on masculinities "in" and "of" prison; masculinities experienced by those living within, working, and experiencing prison as well as historical and critical accounts of masculinities from around the world. The contributors highlight how masculinities are experienced in a multitude of ways as is evidenced in both qualitative and quantitative research with men before, during, and after imprisonment; with correctional officers and staff; in the analysis of public records, in the critical examination of Sykes' seminal work; and in historical and contemporary Australian society. Evidenced in writing drawn from Australia, the Dominican Republic, Ukraine, Hong Kong, the United States, Scotland, and the Netherlands, the contributors acknowledge that rather than being fixed, discourses around prison masculinities now include sexuality, gender identity, and diverse understandings around masculinities as strategic, hegemonic, and ever changing. Prison Masculinities is important reading for students and scholars across disciplines, including criminology, sociology, gender studies, law, international relations, history, health, psychology, and education. Chapter 4 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com . It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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

This book provides a socio-legal examination of the media's influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media's often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media's influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.

This book looks deeply at women researchers' personal stories, struggles, and successes within the context of conducting research in the male-dominated sphere of prison studies. Their insights provide an analytical resource from which readers can better understand the context of doing prison research and the theoretical and methodological challenges that come with it. Their autoethnographic stories shed light on the unique issues faced by women prison researchers and provide a roadmap for understanding the novel strategies, methodological landmines, and epistemological challenges for those who will come after them. Their experiences as women investigators are couched in a distinct set of challenges. This book is intended to highlight those researchers' challenges and also, to celebrate their successes.

The Scandal of White Complicity and U.S. Hyper-incarceration is a groundbreaking exploration of the moral role of white people in the disproportionate incarceration of African-Americans and Latinos in the United States. Alex Mikulich, Laurie Cassidy, and Margaret Pfeil are white Catholic theologians developing understanding of how whiteness operates in the U.S. system of incarceration and witnessing to a Christian nonviolent way for whites to subvert our oppression of brothers and sisters of color.

This book examines how judicial reform can be effectively assessed through a procedural justice approach. It provides a practical framework for assessment of judicial reform, examining a successful reform in Chile through large scale surveys and longitudinal research. Judicial reform is a key element to democratization and modernization processes in the developing world. Practitioners have struggled with ways to analyze the effects of judicial reform, and to define success. Procedural justice theorists propose that people will obey the law if they consider it fair; this affects willingness to collaborate with the police and the courts, and the general approach that the public has towards social regulations. Judicial reforms such as criminal procedure reforms, which explicitly guarantee the development of a fairer judicial process, represent a scenario that puts these theoretical assumptions to the test. With policy recommendations and applications for international judicial reform, this book tests the real conditions of a procedural justice approach with empirical assessment and analysis. With implications for Latin America and countries undergoing judicial or political reforms worldwide, this book will be an important resource for researchers, policy makers and all those interested in the analysis of judicial reforms, democratization processes and the psychology of justice.

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.

This book analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the 'construction' of profiles on the one hand, from their 'application,' on the other, so as to be able to identify and examine profiling's usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.

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.

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.

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.

First published in 1987, Rape on Trial investigates the impact of the Sexual Offences (Amendment) Act, 1976 and considers the treatment of rape victims by the courts in United Kingdom. Extracts from trials are used extensively, and the author examines in particular: how the anonymity provisions have worked out in practice; how far the victim's previous sexual history is brought up in court; how far she is held to be responsible for her victimisation; ways in which the validity of her complaint is questioned in court; and defence strategies to present her as a legitimate victim. Also included are a critical discussion of the controversial question of sentencing for rape, and new proposals for legislative and procedural change. Extremely pertinent to current times, this book will be of interest to students of law, criminology, sociology as well as to any concerned citizen.

Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

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 includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.