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.

Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.

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

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 explores the relationship of a colonial people with English law and looks at the way in which the practice of law developed among the ordinary population. Paula Jane Byrne traces the boundaries among property, sexuality and violence, drawing from court records, dispositions and proceedings. She asks: What did ordinary people understand by guilt, suspicion, evidence and the term "offense"? She illuminates the values and beliefs of the emerging colonial consciousness and the complexity of power relations in the colony. The book reconstructs the legal process with great tetail and richness and is able to evoke the everyday lives of people in the colonial NSW.

This book presents a balanced account not only of the theoretical framework and legal complexities of the law of treason in later medieval France, but also of the extent and political context of that law’s enforcement. By shedding some light on a larger issue - the interplay of law and politics, authority and power - the book contributes to our understanding of the French monarchy’s efforts in the crucial fourteenth and fifteenth centuries to protect, extend and enforce its authority. The crown needed virtually all its judicial resources to cope with treason. Summary judgement and judgement by notoriety had largely given way by the fifteenth century to institutionalized procedures; special mention is made of trial by commission and the trial of peers. In the last five chapters the prosecution of treason is treated narratively to illuminate the policies of individual kings. Throughout the book comparisons are made with the English law.

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.

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.

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.

What is the epistemological value of testimony? What role does language, images, and memory play in its construction? What is the relationship between the person who attests and those who listen? Is bearing witness a concept that is exclusively based in interpersonal relations? Or are there other modes of communicating or mediating to constitute a constellation of testimony? Testimony/Bearing Witness establishes a dialogue between the different approaches to testimony in epistemology, historiography, law, art, media studies and psychiatry. With examples including the Holocaust, the Khmer Rouge and the Armenian genocide the volume discusses the chances and limits of communicating epistemological and ethical, philosophical and cultural-historical, past and present perspectives on the phenomenon and concept of bearing witness.

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.

This book examines the assessment and obligatory treatment programs for violent and sexually violent offenders - primarily adolescents and adults - diagnosed with cluster B personality disorder or a conduct disorder. It describes concepts, theories, and legal aspects as well as the psychological and neurobiological characteristics of violent and sexually violent offenders and forensic psychiatric patients. Chapters review treatment programs and provide guidelines for gathering additional information and formulating functional analyses to establish individual treatment plans. In addition, chapters offer treatment modules for violent offenders and sexually violent offenders and address specific problems that may be encountered in practice and how to overcome these problems. The book concludes with the editors' recommendations for future research in offender assessment and rehabilitation. Topics featured in this book include: Heuristic models of aggressive and sexually aggressive behavior. The use of self-reporting questionnaires in offender populations. Reliable assessment instruments. The effectiveness of existing rehabilitation programs. Cognitive-behavioral treatment modules for violent and sexually violent offenders. Self-regulation and self-management skills to be used in rehabilitation programs. Facilitating treatment integrity in penitentiary and forensic psychiatric institutions. Assessment and Obligatory Treatment of Violent and Sexually Violent Offenders is an essential resource for researchers, clinicians/therapists, and upper-level undergraduate and graduate students in forensic psychology, public health, criminology/criminal justice, and behavioral therapy and rehabilitation.

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.

This book differs from books for the US Criminal Justice market, by offering an upper level, and philosophical introduction to Criminal Justice Ethics. Its focus on Anglo-American models of justice, means this has a market across western jurisdictions. This book has a market across criminology and criminal justice, philosophy and political science.

This book differs from books for the US Criminal Justice market, by offering an upper level, and philosophical introduction to Criminal Justice Ethics. Its focus on Anglo-American models of justice, means this has a market across western jurisdictions. This book has a market across criminology and criminal justice, philosophy and political science.

This book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rights Act 1998, with those in America, which has seen an enormous growth in litigation over the last two decades. In England and Wales, the 'born alive rule' is currently applied only to third parties who injure the fetus, which is later born alive and dies as a result of these injuries. In some American states, a rule of similar origins has been extended so as to criminalize recent mothers whose acts or omissions in pregnancy caused injury or death to the resulting child. The author examines the implications of the laws in both systems, and also looks at the rights of the mother and child in relation to the obligations of the state to protect both of them.

Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This third edition has been fully updated and includes a new chapter on corporate financial crime.

Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This third edition has been fully updated and includes a new chapter on corporate financial crime.

Just how do you become a barrister? And why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? If it's such a great occupation, how come you work 100-hour weeks for less than minimum wage? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the Queen, to the Hunger Games-type contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking, and surprising stories from their working life, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. It asks questions about what we understand by justice, and what it takes to change our minds. It also reveals the darker side of working in criminal law, and how the things our justice system gets wrong are not the things most people expect. Praise for the Secret Barrister . . . 'Dishes the dirt - or serves up a slice of reality - on what barristers do' - The Times 'An illuminating and timely insight into the legal system . . . fascinating' - Sunday Express 'Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' - Daily Telegraph

Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Evidence-based policing is a core part of the National Policing Curriculum but policing students and new officers often feel daunted by the prospect of understanding research and how to use it to inform decision making in practice. This text helps readers develop a sound understanding of evidence-based practice in policing and contextualises the research process by explaining how it supports practice within the workplace. It clearly relates research to the investigative process, combining academic theory and operational understanding using relevant case studies and scenarios, and identifies the main approaches employed. It explores how evidence from research can be used to inform and develop critical arguments central to policing practice and signposts students to key sources of information. The Professional Policing Curriculum in Practice is a new series of books that match the requirements of the new pre-join policing qualifications. The texts reflect modern policing, are up-to-date and relevant, and grounded in practice. They reflect the challenges faced by new students, linking theory to real-life operational practice, while addressing critical thinking and other academic skills needed for degree-level study.

* It explores the validity and effectiveness of secure settings as therapeutic communities (TCs). * Rooted in practice, this book examines the transferability of approaches within international TCs to other forensic settings. * It considers how the environment contributes to effectiveness. * The authors bring together leading clinicians from across the world to offer insight into the impact of gang membership on therapeutic process and the community. * How core creative therapies are integrated. * How the model is applied in international settings and across varied contexts. * Leading clinicians draw on rare reports and papers to explain the therapeutic community model while keeping the diverse contexts within which it is practiced in mind. * The book provides a much-needed global perspective on the diverse role TCs have across forensic services. * This ground-breaking book is valuable reading for forensic and clinical psychologists, counsellors, social workers, and psychiatrists working in secure prison or rehabilitation settings, as well as students in these fields.

* It explores the validity and effectiveness of secure settings as therapeutic communities (TCs). * Rooted in practice, this book examines the transferability of approaches within international TCs to other forensic settings. * It considers how the environment contributes to effectiveness. * The authors bring together leading clinicians from across the world to offer insight into the impact of gang membership on therapeutic process and the community. * How core creative therapies are integrated. * How the model is applied in international settings and across varied contexts. * Leading clinicians draw on rare reports and papers to explain the therapeutic community model while keeping the diverse contexts within which it is practiced in mind. * The book provides a much-needed global perspective on the diverse role TCs have across forensic services. * This ground-breaking book is valuable reading for forensic and clinical psychologists, counsellors, social workers, and psychiatrists working in secure prison or rehabilitation settings, as well as students in these fields.

This book offers an assessment of Barbara Wootton's legacy as a pioneering public criminologist. Barbara Wootton (1897-1988) was a leading British social scientist, magistrate, academic and public servant. She was also a life peer (Baroness Wootton of Abinger) and the first woman to sit on the Woolsack in the House of Lords as Deputy Speaker. One of the Royal Commissions on which she served was on the Penal System, (1964) and two of the Departmental Committees were on the Business of the Criminal Courts (1958) and Criminal Statistics (1963). Of her written work perhaps the most famous is `Social Science and Social Pathology` (published in 1959) which was an attempt to discover what the social sciences had to say about criminality, its causes and its social effects. This book examines her career in historical context, and her contribution to thinking and scholarship on a range of topics. These topics range from the courts and the penal system and her report on the Community Service Order, to crime and criminal law and her analysis of the notions of mens rea, to her work on psychiatry and criminal justice. It explores her contribution as a utilitarian critic in Criminology, within the British empiricist tradition. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, criminal justice, law and all those interested in learning more about Barbara's life and times.