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Books > Law > Laws of other jurisdictions & general law > Criminal law
Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide.
1. This is the first textbook to bring together the related fields of state crime, white collar crime, financial crime and environmental crime. 2. As well as offering theoretical and methodological insights, this book draws on international case studies throughout. 3. This will be essential reading for the growing number of modules on Crimes of the Powerful and also important supplementary reading for modules on white collar crime, state crime and green criminology.
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.
Homicide: Towards a Deeper Understanding offers an in-depth analysis into the phenomenon of homicide, examining different types of homicide and how these types have changed over time. Based on original analysis on Scottish data, this book draws upon an international body of research to contextualize the findings in a global setting, filling an important gap in the homicide literature pertaining to the relationship between trends in homicide and violence. Examining homicide from gendered as well as Gothic perspectives, this book also relates homicide to novel, critical theory. The book covers a thorough description of different types of homicide, including sexual homicide, and provides an explorative approach to the identification of homicide subtypes. The book also explores how these findings relate to current homicide theory, and proposes a new theoretical framework to gain a deeper understanding of this crime. The main argument of the book is that if homicide and its relationship to wider violence is to be fully understood, theoretically as well as empirically, this crime needs to be disaggregated in a way that reflects the underlying data. Overall, this book therefore fills an important gap in criminological literature, providing an in-depth understanding of one of the most serious violent crimes.
This edited collection analyses the prison through the most fundamental challenge it faces: escapes. The chapters comprise original research from established prison scholars who develop the contours of a sociology of prison escapes. Drawing on firm empirical evidence from places like India, Tunisia, Canada, the UK, France, Uganda, Italy, Sierra Leone, and Mexico, the authors show how escapes not only break the prison, but are also fundamental to the existence of such institutions: how they are imagined, designed, organized, justified, reproduced and transformed. The chapters are organised in four interconnected themes: resistance and everyday life; politics and transition; imaginaries and popular culture; and law and bureaucracy, which reflect how escapes are productive, local, historical, and equivocal social practices, and integral to the mysterious intransigence of the prison. The result is a critical and theoretically informed understanding of prison escapes - which has so far been absent in prison scholarship - and which will hold broad appeal to academics and students of prisons and penology, as well as practitioners.
This book investigates the Youth Police Initiative (YPI) intervention with a comprehensive look at its effects in Boston as well as Brownsville, Brooklyn, a neighborhood that has both rich community networks as well as the highest crime rate in New York City. Based on a phenomenological approach, The Case for Youth Police Initiative: Interdependent Fates and the Power of Peace offers first-person narratives of youth, police, and community members in Brownsville as the YPI program was put into action Police shootings and other negative exchanges between community members and the police have brought heightened awareness to the volatile relations between communities and police. The North American Family Institute began the YPI in Baltimore in 2003 with the ambition of keeping vulnerable youth away from arrests, gangs, guns, violence, and death. The program has been replicated in several communities in the United States and beyond. The focus of YPI training is to address the dual challenge of teaching youth the skills to resolve daily conflicts with authority while also teaching police officers to have meaningful dialogue with young people. The voices of the stakeholders reveal changes in attitudes and actions from before, during, and after YPI's implementation. A comprehensive illustration of the intervention's arc provides the reader with an in-depth, textured perspective of what it takes to prevent pernicious eruptions of tension between police and the community they are charged to serve and protect. YPI's success in addressing tensions between youth and police in Boston and Brownsville, Brooklyn, maps out a blueprint for progress in other communities. Suitable for scholars and researchers in juvenile justice, law enforcement, psychology, and social work as well as practitioners on the front lines, The Case for Youth Police Initiative will provoke dialogue on best practices for changing the volatile climate between police and the youths in their communities.
* 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
* 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
Adversarial Justice and Victims' Rights explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims' procedural and substantive justice concerns. The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, the book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims' experiences of the legal process. Reconceptualising the role of sexual assault victims from 'witnesses' to 'participants' will also increase the likelihood that victims' rights and interests will be considered alongside those of the state and the accused. Situating its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems, the book outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims' Rights will be of great interest to academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as students researching sexual violence and victims' access to justice.
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.
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.
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.
This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
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.
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
The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.
Gives the reader a wider understanding of the role judges play within the criminal justice system. Will be of interest for criminal justice and legal scholars and criminal justice and law students at both the undergraduate and graduate level on criminal justice/criminology and law degree programs. As the book contains interviews with judges from across the globe, it will have an international appeal.
Does a more academic type of police education produce new police officers that are reluctant to patrol the streets? What is the impact of gender diversity and political orientation on a police students' career aspirations and attitudes to policing? These are some of the questions addressed by this longitudinal project, following police students in seven European countries. The unique data material makes it possible to explore a wide range of topics relevant to the future development of policing, police education and police science more generally. Part I presents an overview of the different goals and models of police education in the seven participating countries. Part II describes what type of student is attracted to police education, taking into consideration educational background, political orientation and career aspirations. Part III shows the social impact of police education by examining students' orientations towards emerging competence areas; students' career aspirations; and students' attitudes concerning trust, cynicism and legalism. The overall results show that police students are strikingly similar across different types of police education. Students in academic institutions are at least as interested in street patrolling as students in vocational training institutions. Gender and recruitment policies matters more in relation to career preferences than education models. The national context plays a more important role than the type of police education system. Written in a clear and direct style, this book will appeal to students and scholars in policing, criminology, sociology, social theory and cultural studies and those interested in how police education shapes its graduates.
This book explores how Circles of Support and Accountability can reduce sexual reoffending. The release of a notorious sex offender from prison strikes fear into members of the public. Media coverage often provokes further panic, casting such offenders as irredeemable monsters and ticking time bombs, destined to continue preying on innocent children and women. In the West, governments have responded by enacting heavily punitive and exclusionary policies, such as public sex offender registers, indefinite detention, and lifetime correctional supervision. A radically different approach - Circles of Support and Accountability (CoSA) - emerged alongside these measures. CoSA are groups of trained volunteers who collectively resist the exclusionary impulse, instead actively supporting those with sexual offence convictions to reintegrate into communities. Despite their seemingly counterintuitive nature, the research is clear that CoSA reduce sexual reoffending far better than more popular draconian sex offender management policies. However, little is understood about how CoSA work. This book begins to address this gap by proposing a new way of understanding how CoSA reduce sexual reoffending. Drawing on 65 in-depth interviews with CoSA participants, it offers a new theoretically-informed empirical explanation of CoSA's capacity to promote desistance from sexual offending, and to turn those convicted of sexual offenders into law-abiding and productive members of the community. Ultimately it is a call to action, demonstrating that we, the community, must play a more central role in integrating people with sexual offence convictions if we desire safer communities for our children and our selves. This work illuminates new directions for research, policy, and practice, and is essential reading for academics and students engaged in the study of criminology and criminal justice, restorative justice, sexual violence, and reentry
This book has a wide and interdisciplinary market across the social sciences, for courses on forensic science, forensic criminology and forensic psychology, as well as related courses on policing, courts and criminal investigation. This book is international in approach, and features case studies throughout the book on policy and practice from around the world. Each chapter will also close with a summary of key issues, discussion questions and a list of further reading.
* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples
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.
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.
'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.
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. |
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