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Books > Law > Laws of other jurisdictions & general law > Criminal law
Despite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system's approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.
This book analyses the current legal framework seeking to protect cultural heritage during armed conflict and discusses proposed and emerging paradigms for its better protection. Cultural heritage has always been a victim of conflict, with monuments and artefacts frequently destroyed as collateral damage in wars throughout history. In addition, works of art have been viewed as booty by victors and stolen in the aftermath of conflict. However, deliberate destruction of cultural sites and items has also occurred, and the Intentional destruction of cultural heritage has been a hallmark of recent conflicts in the Middle East and North Africa, where we have witnessed unprecedented, systematic attacks on culture as a weapon of war. In Iraq, Syria, Libya, Yemen, and Mali, extremist groups such as ISIS and Ansar Dine have committed numerous acts of iconoclasm, deliberately destroying heritage sites, and looting valuable artefacts symbolic of minority cultures. This study explores how the international law framework can be fully utilised in order to tackle the destruction of cultural heritage, and analyses various paradigms which have recently been suggested for its better protection, including the Responsibility to Protect paradigm and the peace and security paradigm. This volume will be an essential resource for scholars and practitioners in the areas of public international law, especially international humanitarian law and cultural heritage law.
Using the UK as a case study the book aims to provide a detailed rationale for the tension between a policy perspective that tries to provide protection for victims of such practices through legislation and the need to better understand a phenomenon that constantly evolves as a result of new technology, disruptive adoption and social norms.
Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines - a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family's story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court's problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court's effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
While it has always been legal for a citizen in the United States to manufacture their own firearm, the sale and distribution of such items is illegal under current U.S. law. The primary impediment to individuals making their own weapons has been access to the tooling and machinery required to convert raw materials into finished parts for assembly. However, in the last fifteen years this paradigm has changed drastically. Home builders and companies have emerged to support individuals who choose to produce their own firearm. Kits with receivers and gun components are available for hobbyists, as are 3-D printable gun designs, downloadable from the Internet in some cases. This phenomenon has led to the term ghost guns: firearms whose existence is not reported to any third party and therefore whose existence is unknown and, largely, untraceable. A Field Guide to Ghost Guns: For Police and Forensic Investigators provides a useful brief for field investigators on the technical aspects of the self-made firearm, so-called "ghost guns. The first book to focus on the emergent issue of ghost guns, coverage addresses the history of firearms making and manufacture in the U.S.-including regulated and nonregulated manufacturing, details firearm components and accessories, how to assemble a Firearm, an overview of common Types of ghost guns, and investigative considerations. Though there have been increased calls to regulate guns in the wake of numerous mass shootings, the proliferation of ghost guns-and their increasing use in crimes-would likely require additional laws and regulatory measures. Since there are few knowledgeable firearm practitioners in the field, who can render qualified opinions on the subject, author Robb Walker has taken a practical, pragmatic approach to the topic. The book defines terminology, provides photographs, and explains the concepts surrounding homemade firearm in clear, easy to understand terms. Key Features: Addresses the technology and technical aspects in creating, assembling, and/or modifying homemade firearms-both printable and assembled from pre-fabricated components Discusses the rationale and motivations behind making one's own firearm Outlines what is currently legal and illegal under U.S. law, providing indicators for investigators for illegally configured firearms A Field Guide to Ghost Guns addresses the pressing need for a practical reference on the topic. The book provides police investigators and forensic ballistics experts a useful aid to understand legal aspects and to identify ghost guns, and the paraphernalia-tooling and machinery, and otherwise-indicative of gun making in a non-formal, factory setting.
While it has always been legal for a citizen in the United States to manufacture their own firearm, the sale and distribution of such items is illegal under current U.S. law. The primary impediment to individuals making their own weapons has been access to the tooling and machinery required to convert raw materials into finished parts for assembly. However, in the last fifteen years this paradigm has changed drastically. Home builders and companies have emerged to support individuals who choose to produce their own firearm. Kits with receivers and gun components are available for hobbyists, as are 3-D printable gun designs, downloadable from the Internet in some cases. This phenomenon has led to the term ghost guns: firearms whose existence is not reported to any third party and therefore whose existence is unknown and, largely, untraceable. A Field Guide to Ghost Guns: For Police and Forensic Investigators provides a useful brief for field investigators on the technical aspects of the self-made firearm, so-called "ghost guns. The first book to focus on the emergent issue of ghost guns, coverage addresses the history of firearms making and manufacture in the U.S.-including regulated and nonregulated manufacturing, details firearm components and accessories, how to assemble a Firearm, an overview of common Types of ghost guns, and investigative considerations. Though there have been increased calls to regulate guns in the wake of numerous mass shootings, the proliferation of ghost guns-and their increasing use in crimes-would likely require additional laws and regulatory measures. Since there are few knowledgeable firearm practitioners in the field, who can render qualified opinions on the subject, author Robb Walker has taken a practical, pragmatic approach to the topic. The book defines terminology, provides photographs, and explains the concepts surrounding homemade firearm in clear, easy to understand terms. Key Features: Addresses the technology and technical aspects in creating, assembling, and/or modifying homemade firearms-both printable and assembled from pre-fabricated components Discusses the rationale and motivations behind making one's own firearm Outlines what is currently legal and illegal under U.S. law, providing indicators for investigators for illegally configured firearms A Field Guide to Ghost Guns addresses the pressing need for a practical reference on the topic. The book provides police investigators and forensic ballistics experts a useful aid to understand legal aspects and to identify ghost guns, and the paraphernalia-tooling and machinery, and otherwise-indicative of gun making in a non-formal, factory setting.
Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law's complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.
* Provides detailed guidance on how to implement trauma-responsive educational practices for use with justice-impacted persons in a classroom setting * Meets the growing need for trauma-informed teaching skills that results from expanded offerings of post-secondary courses to correctional populations * Offers lessons gleaned from decades of experience by a master educator who has taught a spectrum of learners with high trauma burdens
This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.
The ideal of an inclusive and participatory Internet has been undermined by the rise of misogynistic abuse on social media platforms. However, limited progress has been made at national - and to an extent European - levels in addressing this issue. In England and Wales, the tackling of underlying causes of online abuse has been overlooked because the law focuses on punishment rather than measures to prevent such abuses. Furthermore, online abuse has a significant impact on its victims that is underestimated by policymakers. This volume critically analyses the legal provisions that are currently deployed to tackle forms of online misogyny, and focuses on three aspects; firstly, the phenomenon of social media abuse; secondly, the poor and disparate legal responses to social media abuses; and thirdly, the similar failings of hate crime to tackle problems of online gender-based abuses. This book advances a compelling argument for legal changes to the existing hate crime, and communications legislation.
* Editors and authors are leading experts in the field; * Multi-disciplinary approach; * Raises a large number of compelling theoretical, philosophical and normative questions, and has relevance across disciplinary and geographic boundaries.
1. While there is a growing literature on evidence-based policing, many of the books merely introduce the main concepts and approaches. The proposed book goes further in examining how research and practice can be merged. 2. This book speaks to the ongoing professionalization of the police service in both the US and the UK, so could be used as supplementary reading on a range of more applied courses on police practice. 3. The international case-study approach will make the research that informs the practice come alive for students.
1. While there is a growing literature on evidence-based policing, many of the books merely introduce the main concepts and approaches. The proposed book goes further in examining how research and practice can be merged. 2. This book speaks to the ongoing professionalization of the police service in both the US and the UK, so could be used as supplementary reading on a range of more applied courses on police practice. 3. The international case-study approach will make the research that informs the practice come alive for students.
Covers a longer span of time than other books - three decades enabling systematic examination of the policies of four governments: Conservative, New Labour, Coalition and Conservative. It both provides a detailed historic account of the twists and turns of policy and legislation over the 30 year period and combines this with commentary from those intimately involved in decision making and implementation of policy and legislation. There is a range of interviewees, including many from non-political sources. Its unique contribution is the combination of the analysis of legislative and organisational changes with the interviewing of virtually all the most important players in the process - all surviving Home Secretaries and Ministers of Justice since 1990, junior ministers; all Directors of Prisons NOMS/HMPPS and the new National Probation Service; four Chief Inspectors of Prisons and three Chief Inspectors of Probation; the four most recently retired Lord Chief Justices. A unique added value is the interviews with virtually all the politicians and other key players who have been involved over the past 30 years, which provide a unique commentary and insight into how they thought and how they approached their responsibilities. The period of time in question has seen many changes in prison and probation and a detailed analysis of this in one place would be useful but, crucially, to also have the interviews of so many people makes this unprecedented. The authors are highly respected and Professor Roy King has been a leading authority on prisons for several decades.
- This is the first study solely dedicated to the history of positivism in the west. - Brings together experts from Europe, North America and Brazil. - Considers the impact of these development on criminal justice in contemporary western societies.
This book explores the discourse and rhetoric that resists and opposes postsecondary prison education. Positioning prison college programs as the best method to truly reduce recidivism, the book shows how the public - and by extension politicians - remain largely opposed to public funding for these programs, and how prisoners face internal resistance from their fellow inmates when pursuing higher education. Utilizing methods including critical rhetorical history, media analysis, and autoethnography, the author explores and critiques the discourses which inhibit prison education. Cultural discourses, echoed through media portrayal of prisoners, produce criminals as both subhuman and always-already a threat to the public. This book highlights the history of rhetorical opposition to prison education; closely analyzes how convictism, prejudicial and discriminatory bias against prisoners, blocks education access and feeds the prison-industrial-complex an ever-recycled supply of free prison labor; and discusses the implications of prison education for understanding and contesting cultural discourses of criminality. This book will be an important reference for scholars, graduate students, and upper-level undergraduates in the fields of Rhetoric, Criminal justice, and Sociology, as well as Media and Communication studies more generally, Politics, and Education studies.
Covers a longer span of time than other books - three decades enabling systematic examination of the policies of four governments: Conservative, New Labour, Coalition and Conservative. It both provides a detailed historic account of the twists and turns of policy and legislation over the 30 year period and combines this with commentary from those intimately involved in decision making and implementation of policy and legislation. There is a range of interviewees, including many from non-political sources. Its unique contribution is the combination of the analysis of legislative and organisational changes with the interviewing of virtually all the most important players in the process - all surviving Home Secretaries and Ministers of Justice since 1990, junior ministers; all Directors of Prisons NOMS/HMPPS and the new National Probation Service; four Chief Inspectors of Prisons and three Chief Inspectors of Probation; the four most recently retired Lord Chief Justices. A unique added value is the interviews with virtually all the politicians and other key players who have been involved over the past 30 years, which provide a unique commentary and insight into how they thought and how they approached their responsibilities. The period of time in question has seen many changes in prison and probation and a detailed analysis of this in one place would be useful but, crucially, to also have the interviews of so many people makes this unprecedented. The authors are highly respected and Professor Roy King has been a leading authority on prisons for several decades.
- take a global view of the firearms problem - combines criminal justice, policing, legal, development perspectives on firearms. - case studies, activities and information on online resources makes the topic accessible and engaging for students.
- The first book to examine medical expert evidence in infanticide cases focusing in particular on the shifting notion of 'certainty' in medical testimony. - Explores the changing relationship between medical experts and the courts. - Explores the changing perception of infanticidal women by the courts.
Free Market Criminal Justice offers a critique of the ideology behind the US criminal justice system. It argues that the distinctive ideology shaping American criminal processes is a commitment to a set of values in institutional design as divided into two categories - "democracy" and "markets". Here, democracy describes the ideas and practices of politically responsive, popularly accountable governance. Markets refers to norms, premises and mechanisms of private ordering in contrast to public management; competition between private agents acting for self-interest. Arguing against recent attempts to re-invigorate democratic processes in criminal justice, this book claims that there are significant downsides to a criminal justice system that favors democratic processes over legal regulation. The commitment to democracy has undermined the rule of law in American criminal justice resulting in mass incarceration and wrongful convictions, particularly as institutional democracy goes hand in hand with the development of market-inspired mechanisms. This book concludes with proposals for reforms to rebuild the rule of law in the criminal process.
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.
This is the first monograph to look at women in policing in China. This will be of interest to criminologists, and those involved in Asian Studies.
Law and Justice: Thomas Bingham, Nicholas Phillips and Eleanor Sharpston is the first time a collection of interviews is being published as a book. These interviews have been conducted by one of England's leading social anthropologists and historians, Professor Alan Macfarlane. Filmed over a period of several years, the three conversations in this volume are part of the series Creative Lives and Works. These transcriptions also form part of a larger set of interviews that cut across various disciplines, from the social sciences, the sciences and the performing and visual arts. The current volume is on three of Britain's foremost lawyers and judges. Law and justice are an intrinsic part of any civilization, ancient or modern. English law traces its origins to medieval times, at times drawing on ancient legal systems prevalent in Roman and Anglo-Saxon laws. This tradition has had a huge influence across the world through export to the United States and throughout the nations of the former British Empire. The three conversations in this volume further reflect how interconnected the disciplines of history and law are. Thomas Bingham, Nicholas Phillips and Eleanor Sharpston give a wide sketch of the legal system through their own experiences and interpretations. They show how one of the single most important and unique features of British civilization works. The book will be of enormous value not just to those interested in the subject of Law and Justice but also History and Culture Studies as well as those with an interest in Legal Literature. Please note: This title is co-published with Social Science Press, New Delhi. Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka.
The role played by legal professionals in the laundering of criminal proceeds generated by others has become a priority concern for authorities at national and international levels. This ground-breaking book presents an in-depth empirical analysis of the nature of lawyers' involvement in the facilitation of money laundering and its control through criminal justice and regulatory mechanisms. It is based on qualitative research combining analysis of cases of lawyers convicted of money laundering offences with interviews with criminal justice practitioners, members of professional and regulatory bodies and practising solicitors, and analysis of relevant national and international legislative and regulatory frameworks. The book demonstrates the complex and diverse nature of lawyers' involvement in laundering activity, and shows that their actions and the decisions they take must be understood in relation to the specific situational contexts in which they occur. It provides significant new insights into the criminal justice and regulatory response to professional facilitation of money laundering in the UK, raising questions about the effectiveness and appropriateness of the response and the challenges involved. The book develops a framework for future research and analysis in this area, and proposes a range of potential strategies for controlling the facilitation of money laundering. Lawyers and the Proceeds of Crime is essential reading for those researching money laundering, white-collar crime or organised crime, and for practitioners and policy makers concerned with preventing the facilitation of money laundering. |
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