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Books > Law > Laws of other jurisdictions & general law > Criminal law
* Provides a compelling long-term analysis of the problems plaguing the United States correctional system * Recommends a path of transparency that will lead to the reduction of mass incarceration and the humanization of the system to provide better public safety overall * Suitable for advanced courses on corrections and correctional management
Convictions Without Truth sets out to determine whether and to what extent science and law may coexist in an institutional relationship that truthfully generates individualization through application of forensic testimony for charges relating to violations of criminal law. In the first two chapters, readers are exposed to contemporary unscientific forensic practices as juxtaposed to the evidentiary standard announced by the United States Supreme Court in Daubert v. Merrill Dow Pharmaceuticals, as well as scientific requirements for validity and reliability of expert witness testimony. The remaining chapters provide an explanation for retention of existing, though faulty, forensic practices by way of analysis of path dependency, the fixation of belief, and neuro and cognitive psychology. Through immanent critique and unmasking, the book deconstructs prevailing forensic practices through application of existing published documentation. The final chapter addresses the fixation of belief from the perspective of neuropsychology and cognitive psychology. Readers will gain an understanding of the current concerns relating to application of contemporary forensic practices; current case law and federal rules guiding the introduction of expert witness testimony; and why it is that despite widely recognized concerns raised from within and outside of the criminal legal system, application of unscientific forensic practices continues. The book also shows how the criminal legal system is experiencing a paradigm shift due to dialectical juxtaposition of existing unscientific forensic practices with contemporary science. Readers are shown that because of its continued reliance upon unscientific forensic practices, the criminal legal system reveals its hegemonic commitment to social control through its willingness to accept "satisfying" as opposed to "truthful" results that generate wrongful convictions. Convictions Without Truth will be of particular interest to students, academics, and practitioners working within the criminal legal field. It will also appeal to those wanting to know more about forensics and criminal law.
Unlike other introductions to Criminology on the market, this is the only one written specifically for students taking Professional Policing. Covering the application of theory and research to practice, it is filled with practical examples and case studies throughout. The book is aligned to the requirements of the PEQF framework for police officers, but also encourages critical thinking throughout. This book has a secondary market as an alternative textbook or supplementary for the range of courses on policing, as part of a Criminology degree, or for more applied Criminology courses.
1. This book is unique in its analysis of a little-considered aspect of contemporary policing, based on rigorous research across 100 North American cities. 2. Policing remains a popular area of study on Criminology and Criminal Justice degrees, and this book will also be of interest to those engaged with Public Policy and Public Management.
Offers unique comparative perspective of counter-terrorism legislation in different states, including UK, Europe and North America. Accessible enough to be used at both undergraduate and postgraduate levels. Reflection points and further reading make it the perfect springboard for further study in this evolving area. The new edition offers increased coverage of issues around returning foreign fighters, links to organized crime, and electronic surveillance.
Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) - a form of probation - in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context - which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other - sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, and social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency.
1. In a time when the probation service is looking to reverse its privatisation, it is a good time to look back at the importance and legacy of past studies. 2. Rather than a straight new edition, this critical edition offers a wealth of new content, including a new chapter from the author, a new preface and four critical essays from key international figures in the field.
This book is the first volume to explore criminal justice work and criminological research through the lens of emotional labour. A concept first coined 30 years ago, emotional labour seeks to explore the ways in which people manage their emotions in order to achieve the aims of their organisations, and the subsequent impact of this is on workers and service users. The chapters in this edited collection explore work in a wide range of criminal justice institutions as well as the penal voluntary sector. In addition to literature review chapters which consolidate what we already know, this book includes case study chapters which extend our knowledge of how emotional labour is performed in specific contexts, and in relation to certain types of work. Emotional Labour in Criminal Justice and Criminology covers topics such as prisoners who die from natural causes in prison, to the work of independent domestic violence advisors and the use of emotion by death penalty lawyers in the US. An accessible and compelling read, this book presents ground-breaking qualitative and quantitative research which will be critical to criminologists, criminal justice practitioners, students of criminology and academics in the fields of social policy and public service.
Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales explores cutting-edge research that focuses specifically on these adults (including their cognitive needs and psychological vulnerabilities), the impact on the investigative interview, and existing legislation, guidance and practice. The book opens with a historical overview of the move from interrogation to investigative interviewing, including the impact of well-known miscarriages of justice and the inquiry that led to the development of current best practice interviewing. Further chapters focus on the concept of vulnerability within current theoretical frameworks, with a particular emphasis on mental health conditions and disorders, including how they are constructed, understood, and identified within legislation and by those working at the forefront of the criminal justice system. The book also examines current safeguards available to the suspect with mental health conditions and disorders, such as the Appropriate Adult; contemporary research explores their involvement with vulnerable suspects and whether it is sufficient, as well as how the Appropriate Adult understands and experiences their role. Final chapters scrutinise current best practice investigative interviewing of suspects with mental health conditions and disorders, and a paradigm shift towards an emerging evidence-based interview model that considers the vulnerabilities associated with suspects with mental health conditions and disorders in the investigative interview. Examining current psychological theory, contemporary research and existing legislation and guidance including authorised professional practice, this book will be of interest to those working within the criminal justice system, as well as policing and forensic psychology students. In particular, it is essential reading for all serving and trainee police officers, those delivering investigative interviewing training, and interviewing personnel, such as Appropriate Adults.
1. This book has a multi-disciplinary market, across criminology, law, socio-legal studies, history and social work. 2. This book has potential as supplementary reading across a range of popular teaching topics in criminology and law, including sexual abuse, victimology, comparative criminal justice, law and gender, and socio-legal studies.
Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today's dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.
This book offers an ethnographically informed critique of the hyper-politicised debate on the facilitation of irregularised migration for people seeking asylum between Indonesia and Australia. While state authorities decry such facilitation as "people smuggling" and push for its criminalisation, the book's focal points are the need for unsanctioned passages for people seeking asylum and the detrimental consequences of the criminalisation of "people smuggling" for both the facilitators and the people seeking asylum. Drawing on court verdicts and interviews with convicted facilitators and law enforcement officials in Indonesia, this book provides a unique and holistic picture of the causes, conditions, procedures and intricacies surrounding the facilitation of irregularised maritime journeys between Indonesia and Australia covering almost four decades. It scrutinises the micro-level operational and place-specific characteristics of people smuggling and the consequences of anti-people-smuggling policies in Indonesia and relates those consequences to changes in the macroenvironment, which include relevant legal, political, social and economic factors that determine the overarching conditions of irregularised mobility. Compared to other states in the Global North, Australia has claimed to be more "successful" with its comprehensive approach to eliminate unsanctioned migration at sea by combining punitive, communicative-reventive and interceptive measures. This book challenges key achievements and objectives in regard to criminalising the facilitation of irregularised migration by foregrounding the many negative side effects that have emanated from "stopping the boats". The book will be of interest to researchers in the fields of anthropology and sociology, law and criminology, Asia-Pacific Studies, Southeast Asian Studies and international migration.
utilizes the Consolidated Serial Homicide Offender Database, one of the largest and most robust open access databases of multiple murders available illustrated with in-depth case studies of SHOs, such as Felix Vail, Michael Sumpter, the Seminole Heights Killer, and the Austin Bomber provides commentary from those who have used these patterning methods in practice, in addition to laying out how to put the current suite of data tools to use within organizations
This book delves into this almost unchartered territory, documenting the lived experiences of sex workers in Bangladesh, considering the complex realities of their day-to-day lives and the ways they negotiate their working conditions and relationships. Despite being the most common form of female deviance and criminality globally, we know very little about sex work in Asia and the global south. Drawing on feminist frameworks, it shows that the experiences of sex workers vary widely depending on the ways they enter the sex trade, their modes of operation, and relationships with significant others. Towards a Southern Approach to Sex Work contributes to feminist scholarship on sex work, by offering a much needed southern perspective, drawing on culturally specific data. It argues that the lived experience of sex workers comprises both victimhood and agency, deception and resilience, and that it is the management of these relationships that enable sex works to avoid social marginalization and alienation. An accessible and compelling read, this will appeal to students and scholars of criminology, sociology, gender studies, south Asian studies, cultural studies, social theory and policy makers. In addition, it will engage all those interested in learning more about how the sex trade operates in Bangladesh.
In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.
The increasing prevalence of transnational crime in a mobile and interconnected world presents serious challenges, both in terms of analysing these issues and attempting to tackle and prevent them. This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. The multifaceted nature of the problem is reflected in the structure of this innovative Research Handbook, covering all the major areas of transnational crime, including terrorism, money laundering, environmental crime, migration-related crime, human trafficking, drug trafficking, cybercrime and heritage crime. Each sector is examined through three dedicated chapters that consider in turn legal responses to a given crime, its current criminological understanding, and the practical challenges of policing and prosecution, providing a well-rounded, detailed discussion of each topic. This timely Research Handbook also includes chapters focusing on responses to transnational crime in specific regions, including the EU, the African Union, Asia, South America and ex-Soviet Union countries. This Research Handbook will be crucial reading for academics and students with an interest in criminal justice and criminology, particularly those working on international and transnational crime. Policymakers and practitioners will also find its insights into practical challenges in the field invaluable. Contributors include: M. Bergstroem, N.l. Bhatia, L.Y.-C. Chang, D. Chappell, M. den Boer, J. Ferwerda, R. Fortson, F. Galli, P. Gottschalk, M.l. Grewcock, A. Grymaneli, M.J. Guia, R.V. Gundur, S.A. Hardy, Y. Holiday, S. Hufnagel, J. Lindley, A. Marks, S. Mehlbaum, V. Mitsilegas, A. Moiseienko, D. Mystris, E. Papastavridis, M. Peters, K. Polk, R.D. Pucci, W.E. Purvis, K. Roach, J. Sheptycki, M.-L. Skilbrei, E. Smith, T. Spapens, J. Ulph, G. Urbas, G.M. Vagliasindi, G. van Bueren, C. Walker, R.W.Y. Wong, S.N.M. Young
Provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours Written by a world-leading expert in the field of violent crime and its relationship to ASD Evidence-based, practical guide to working with Suspects, Defendants and Offenders with Autism, making it suitable for both researchers and professionals across Psychology and Legal domains
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.
Criminal Law: Cases and Commentary, Second Edition is a thoroughly revised, updated and expanded edition of this now established criminal law text book staple. This Second Edition includes new chapters on the following topics: Road Traffic Offences, Drugs Offences, Regulatory Offences and Victims' Rights. Recent legislative changes are considered including the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017, as well as significant Supreme Court cases in the areas of the presumption of innocence (Forsey), reasonable access to a lawyer (Doyle), joint enterprise (Dekker), the right to silence (Sweeney), the exclusionary rule (JC) provocation (MacNamara), duress (Gleeson) and mistake (Casey). It provides students with a broad range of perspectives including formal case law, statutory and constitutional provisions, academic commentaries and Law Reform Commission policy recommendations. It combines domestic law with ECHR jurisprudence and persuasive authorities from other jurisdictions. Through a careful combination of the criminal rules along with excerpts from cases, articles, notes and texts, this book seeks to inform the user of the formal criminal law and provide a gateway to some of the more conceptual debates in the subject area.
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.
Examines the issue of juvenile life without parole (LWOP) sentences in its entirety and calls attention to both sides of the debate. Suitable for scholars and practitioners interested in a balanced approach to the impact of important Supreme Court decisions and the controversy related to review and resentencing of juvenile lifers. The first book to feature in-depth interviews with juvenile lifers as well as other involved parties, such as prosecutors, politicians, advocates, and victims and their families.
Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field - or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.
Offers approaches and strategies for combating radicalisation and extremism. The first book to explore cultural identity, acculturation and perceived discrimination of Muslim youth across Western countries in relation to social work. An interdisciplinary resource for those researching and working in social work, psychology, public health, psychiatry, sociology, political science and community development.
Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions - from status quo to evolution to revolution - to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system. |
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