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Books > Law > Laws of other jurisdictions & general law > Criminal law
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called 'recaptives' (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives' rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction - and alternative construction - of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
This book discusses privatization of law enforcement in relation to suspected corporate crime and recommends guidelines for successful fraud examinations. There is a growing business for global auditing and local law firms to conduct internal investigations at client organizations when there is suspicion of white-collar misconduct and crime. This book reflects on the work by these private fraud examiners in terms of an evaluation of their investigation reports. The book brings an original theoretical and methodological approach to investigations of white-collar crime. It develops the theory of convenience as an explanation for motive, opportunity, and willingness to commit and conceal white-collar crime. This theory is then related to the case studies. Structured in such a way as to allow the reader to use the text as a nonsequential reference source or guide to a set of connected issues, the book illustrates the practice of privatization by cases and presents guidelines for successful fraud examination. As an investigation can lead to conviction and incarceration, this privatization of crime investigation feeds into the larger issue of privatization of policing. The work will be a valuable resource for students, academics, and practitioners working in the areas of Criminal Justice, Corporate Law, and Business.
Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children's contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children's rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children's rights.
This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government's wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary's recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.
Criminality has accompanied social life from the outset. It has appeared at every stage of the development of every community, regardless of organisation, form of government or period in history. This work presents the views of criminologists from Central Europe on the phenomenon of criminality as a component of social and political reality. Despite the far advanced homogenisation of culture and the coming together of the countries that make up the European Union, criminality is not easily captured by statistics and simple comparisons. There can be huge variation not only on crime reporting systems and information on convicts but also on definitions of the same crimes and their formulations in the criminal codes of the individual European countries. This book fills a gap in the English-language criminological literature on the causes and determinants of criminality in Central Europe. Poland, as the largest country in the region, whose political post-war path has been similar to the other countries in this part of Europe, is subject to an exhaustive and original look at criminality as part of the political and social reality. The authors offer a contribution to the debate in the social and criminal policy of the state over the problems of criminality and how to control it.
Criminal Justice Theory: Explanations and Effects undertakes a systematic study of theories of the criminal justice system, which historically have received very little attention from scholars. This is a glaring omission given the risk of mass imprisonment, the increasing presence of police in inner-city communities, and the emergence of new policy initiatives aimed at improving the quality and effectiveness of the administration of justice. Fortunately, however, a number of disparate theoretical works have appeared that seek to provide insight into the nature and impact of criminal justice. Based on 13 original essays by influential scholars, this volume pulls together the most significant of these perspectives, thus creating a state-of-the-art assessment of contemporary criminal justice theory. Criminal justice theory can be divided into two main categories. The first includes works that seek to explain the operation of the criminal justice system. Most of these contributions have grappled with the core reality of American criminal justice: its rising embrace of punitiveness and the growth of mass imprisonment. The second category focuses on works that identify theories that have often guided efforts to reduce crime. The issue here focuses mainly on the effects of certain theoretically guided criminal justice interventions. The current volume is thus organized into these two categories: explanations and effects. The result is an innovative and comprehensive book that not only serves researchers by advancing scholarship but also is appropriate for advanced undergraduate or graduate classroom use.
This groundbreaking edited volume evaluates prisoner reentry using a critical approach to demonstrate how the many issues surrounding reentry do not merely intersect but are in fact reinforcing and interdependent. The number of former incarcerated persons with a felony conviction living in the United States has grown significantly in the last decade, reaching into the millions. When men and women are released from prison, their journey encompasses a range of challenges that are unique to each individual, including physical and mental illnesses, substance abuse, gender identity, complicated family dynamics, the denial of rights, and the inability to voice their experiences about returning home. Although scholars focus on the obstacles former prisoners encounter and how to reduce recidivism rates, the main challenge of prisoner reentry is how multiple interdependent issues overlap in complex ways. By examining prisoner reentry from various critical perspectives, this volume depicts how the carceral continuum, from incarceration to reentry, negatively impacts individuals, families, and communities; how the criminal justice system extends different forms of social control that break social networks; and how the shifting nature of prisoner reentry has created new and complicated obstacles to those affected by the criminal justice system. This volume explores these realities with respect to a range of social, community, political, and policy issues that former incarcerated persons must navigate to successfully reenter society. A springboard for future critical research and policy discussions, this book will be of interest to U.S. and international researchers and practitioners interested in the topic of prisoner reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, criminal justice policies, and reentry.
Closing the Integration Gap in Criminology: The Case for Criminal Thinking offers a multi -stage model of theory integration that organizes verified risk factors around the construct of criminal thinking to provide an exemplar working paradigm for criminology. In the model, once relevant risk factors have been identified, they are organized into triads -three-variable networks of antecedent, mediating, or moderating effects-and then those triads are combined into clusters of thematically related constructs. While debate continues to rage over how to handle the burgeoning number of theories in criminology, little significant progress has been made in reducing the number of criminological theories. This book argues that theoretical integration is vital to the continued viability of criminological theory and to the growth and development of criminology as a scientific discipline. It posits that criminal thinking may be useful as a core variable in constructing a useful integrated theory for criminology, and maps out a plan for scholars to organize information for further study. The innovative theoretical approach in this book is essential reading for students, academics, and researchers in both criminology and forensic psychology concerned with the reduction of crime via scientific inquiry.
This in-depth case study of a mid-sized police department captures the dynamics, struggles, and successes of police change, revealing the positive organizational and community outcomes that resulted from a persistent drive to reinvent public safety and community relationships. The police profession in the United States faces a legitimacy problem. It is critical that police are prepared to change constantly, be adaptive, and adopt openness to self-reflection and external comparison, moving beyond their comfort zone to overcome the inevitable cultural, structural, and political obstacles. Using previously unpublished longitudinal data examining a 25-year period, Bond-Fortier offers a rich account of the complexity of police management and change within one particular mid-sized city: Lowell, Massachusetts. The multidisciplinary lens applied provides crucial insights into how and why police organizations respond to a changing environment, set certain goals, and make decisions about how to achieve those goals. The book analyzes the community and organizational forces that stimulated change in the Lowell Police Department, describes the changes that enabled the department to achieve national model status, and builds a nexus between influencing forces, interdisciplinary theory, and the creation of an adaptive 21st-century police organization. Organizational Change in an Urban Police Department: Innovating to Reform is essential reading for academics and students in criminal justice, criminology, organizational studies, public administration, sociology, political science, and public policy programs, as well as government executives, crime policy analysts, and public- and private-sector managers and leaders engaged in professional development and leadership courses.
Featuring contributions from scholars from across the globe, Routledge Handbook of Public Criminologies is a comprehensive resource that addresses the challenges related to public conversations around crime and policy. In an era of fake news, misguided rhetoric about immigrants and refugees, and efforts to toughen criminal laws, criminologists seeking to engage publicly around crime and policy arguably face an uphill battle. This handbook outlines the foundations of and developments in public criminology, underscoring the need to not only understand earlier ideas and debates, but also how scholars pursue public-facing work through various approaches. The first of its kind, this collection captures diverse and critical perspectives on the practices and challenges of actually doing public criminology. The book presents real-world examples that help readers better understand the nature of public criminological work, as well as the structural and institutional barriers and enablers of engaging wider audiences. Contributors address policies around crime and crime control, media landscapes, and changing political dynamics. In examining attempts to bridge the gaps between scholarship, activism, and outreach, the essays featured here capture important tensions related to inequality and social difference, including the ways in which criminology can be complicit in perpetuating inequitable practices and structures, and how public criminology aims-but sometimes fails-to address them. The depth and breadth of material in the book will appeal to a wide range of academics, students, and practitioners. It is an important resource for early career researchers, more established scholars, and professionals, with accessible content that can also be used in upper-level undergraduate classes.
This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.
There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.
How prisons around the world shape the social lives of their inhabitants Prison Life offers a fresh appreciation of how people in prison organize their lives, drawing on case studies from Africa, Europe and the US. The book describes how order is maintained, how power is exercised, how days are spent, and how meaning is found in a variety of environments that all have the same function - incarceration - but discharge it very differently. It is based on an unusually diverse range of sources including photographs, drawings, court cases, official reports, memoirs, and site visits. Ian O'Donnell contrasts the soul-destroying isolation of the federal supermax in Florence, Colorado with the crowded conviviality of an Ethiopian prison where men and women cook their own meals, seek opportunities to generate an income, elect a leadership team, and live according to a code of conduct that they devised and enforce. He explores life on wings controlled by the Irish Republican Army in Northern Ireland's H Blocks, where men who saw the actions that led to their incarceration as politically-motivated moved as one, in perpetual defiance of the authorities. He shows how prisoners in Texas took to the courts to overthrow a regime that allowed their routine subjugation by violent men known as building tenders, who had been selected by staff to supervise and discipline their peers. In each case study O'Donnell presents the life story of a man who was molded by, and in return molded, the institution that held him. This ensures that his reflections on law and policy as well as on theory and practice never lose sight of the human angle. Imprisonment is about pain after all, and pain is personal.
Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.
This book explains how improvements in intelligence analysis can bene!t policing. Written by experts with experience in police higher education and professional practice, this accessible text provides students with both practical knowledge and a critical understanding of the subject. The book is divided into three key parts: Part One outlines how the concept of intelligence was initially embraced and implemented by the police and provides a critique of intelligence sources. It examines the strategic use of intelligence and its procedural framework. It provides a summary of the role of the intelligence analyst, establishing the characteristics of effective practitioners. Part Two describes good practice and explains the practical tools and techniques that effective analysts use in the reduction and investigation of crime. Part Three examines more recent developments in intelligence analysis and looks to the future. This includes the move to multi-agency working, the advent of big data and the role of AI and machine learning. Filled with case studies and practical examples, this book is essential reading for all undergraduates and postgraduates taking courses in Professional Policing, and Criminal Justice more widely. It will also be of interest to existing practitioners in this field.
Parent-directed aggression and violence by children is a complex issue and may not be explained by focusing upon a single factor. The affected parents tend to delay seeking help from professionals due to not knowing where to seek help or even an inability to identify their experiences as a problem. This book provides parents and professionals with the much-needed information to tackle this incidence. In this book, Hue San Kuay and Graham Towl draw upon the evidence from past studies and case examples to describe the occurrence of child to parent aggression and violence, and highlight the roles by individuals and communities in intervening and preventing agression and violence. The nature-versus-nurture debate is included and callous-unemotional traits are explained as a predictor of aggression. The effect of parent-directed aggression is discussed, and prevention and intervention methods are presented. Delaying help-seeking could lead to serious consequences and make it harder to effectively intervene. Child to Parent Aggression and Violence is an essential read for practitioners and researchers working with parents, and most importantly, for parents themselves. This book includes suggestions for interventions, self-assessment on parent-directed aggression by children, and points of contact as reference to ease the process for both parents and practitioners. The authors will donate their royalties in full to Family Lives, UK. This organisation was registered as a charity in 1999. Previously known as Parentline, they provide support for families through a helpline and also offer drop-in sessions. They give tailored parental support within the community and schools, and offer support on issues such as bullying, special educational needs, and support for specific groups.
Parent-directed aggression and violence by children is a complex issue and may not be explained by focusing upon a single factor. The affected parents tend to delay seeking help from professionals due to not knowing where to seek help or even an inability to identify their experiences as a problem. This book provides parents and professionals with the much-needed information to tackle this incidence. In this book, Hue San Kuay and Graham Towl draw upon the evidence from past studies and case examples to describe the occurrence of child to parent aggression and violence, and highlight the roles by individuals and communities in intervening and preventing agression and violence. The nature-versus-nurture debate is included and callous-unemotional traits are explained as a predictor of aggression. The effect of parent-directed aggression is discussed, and prevention and intervention methods are presented. Delaying help-seeking could lead to serious consequences and make it harder to effectively intervene. Child to Parent Aggression and Violence is an essential read for practitioners and researchers working with parents, and most importantly, for parents themselves. This book includes suggestions for interventions, self-assessment on parent-directed aggression by children, and points of contact as reference to ease the process for both parents and practitioners. The authors will donate their royalties in full to Family Lives, UK. This organisation was registered as a charity in 1999. Previously known as Parentline, they provide support for families through a helpline and also offer drop-in sessions. They give tailored parental support within the community and schools, and offer support on issues such as bullying, special educational needs, and support for specific groups.
"Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.
This book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court's jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.
* The book provides a thorough background for understanding the evidentiary framework used in the administration of criminal justice in the United States * The only book on the market to include the official text of legal cases to illustrate current legal principles and explain evolving principles of evidence in a contemporary case context * Addresses the potential of congressional legislation to affect the admissibility of some evidence, teaching the reader when and how to anticipate change * New cases in this edition illuminate the evolution of U.S. evidentiary law
This book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court's jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.
Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.
Origins of Terrorism: The Rise of the World's Most Formidable Terrorist Groups examines the roots of Islamic terrorism, it's history, and some of the foundational figures in prominent terrorist organizations. Throughout, the book also addresses the use of terrorism, the "hows" and "whys" of terrorists' goals, and their modus operandi. Historically, insurgency operations have formed the basis of a number of terrorist groups-resistance to western powers, particularly the United States, and what is viewed as their unwanted interference in regional affairs. Sections are devoted to individual terror organizations, including some of the most well-known and resilient global movements-Al Qaeda, ISIS, the Taliban, and Boko Haram, among others. Coverage details where and how they originated, who the principal organizers were, how these individuals worked-or didn't work-together. In this, the authors look at the circumstances that allowed for these leaders, and their groups', development and success. In this, the authors expose interesting, little-known stories and facts about the specific upbringing, family life, and personal narrative around these organizations' founders, as well as ties to other terrorist founders and organizations. For example, the relationship between individuals such as Osama bin Laden and Musab al Zarkawi (aka Ahmad al-Khalayleh)-the founder of 'Al Qaeda in Iraq' (AQI), which became ISIS-is examined in detail, providing readers with some of the "stories behind the stories" to understand the prominent figures and underpinnings of major terrorist organizations' philosophies, formation, and elements that have led to their staying power. Origins of Terrorism will be a valuable resource for security and intelligence professionals, terrorism researchers, and students, providing a unique perspective to understand terrorism and terror movements in considering counterterror efforts.
Origins of Terrorism: The Rise of the World's Most Formidable Terrorist Groups examines the roots of Islamic terrorism, it's history, and some of the foundational figures in prominent terrorist organizations. Throughout, the book also addresses the use of terrorism, the "hows" and "whys" of terrorists' goals, and their modus operandi. Historically, insurgency operations have formed the basis of a number of terrorist groups-resistance to western powers, particularly the United States, and what is viewed as their unwanted interference in regional affairs. Sections are devoted to individual terror organizations, including some of the most well-known and resilient global movements-Al Qaeda, ISIS, the Taliban, and Boko Haram, among others. Coverage details where and how they originated, who the principal organizers were, how these individuals worked-or didn't work-together. In this, the authors look at the circumstances that allowed for these leaders, and their groups', development and success. In this, the authors expose interesting, little-known stories and facts about the specific upbringing, family life, and personal narrative around these organizations' founders, as well as ties to other terrorist founders and organizations. For example, the relationship between individuals such as Osama bin Laden and Musab al Zarkawi (aka Ahmad al-Khalayleh)-the founder of 'Al Qaeda in Iraq' (AQI), which became ISIS-is examined in detail, providing readers with some of the "stories behind the stories" to understand the prominent figures and underpinnings of major terrorist organizations' philosophies, formation, and elements that have led to their staying power. Origins of Terrorism will be a valuable resource for security and intelligence professionals, terrorism researchers, and students, providing a unique perspective to understand terrorism and terror movements in considering counterterror efforts. |
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