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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book is intended for those in the humanities seeking a legal context for writing about rape in early modern England. It takes the premise that over the past four decades misunderstandings about rape law, and misreadings of rape statutes from medieval to Elizabethan times, have become widely cited in criticism. Helen Barker identifies how this has arisen, and discusses the main sources of confusion - including indissoluble issues around the word 'ravishment'. Rape law historically encompassed elopement and abduction; this book offers a succinct overview of the law, and draws attention to the wider social context other than gender opposition in which it is often presented. In addition, critics have been tempted to rely on the ostensibly authoritative seventeenth-century treatise, The Lawes Resolutions of Womens Rights, as a legal source. By examining the context of its publication, this book suggests that the treatise is unreliable and can mislead the unwary.
This book focuses on one part of the judicial system: the criminal justice chain. This involves all the activities and actors dealing with policing, prosecution, judgment, and sanctioning of crimes. In the last decades, reforms have been implemented in several European countries. In Belgium, for example, there was the so-called Octopus reform in 1998. The police was restructured, leading to an integration of the police forces on a national and local level. New steering instruments were introduced, such as regional security plans. With regard to the sanctioning of crimes, a new institution was installed, called the sentence implementation court. This book evaluates these reforms and discusses the current reform on the reorganization of the judicial landscape. In addition, it examines the relation between trust and distrust and the application to the judicial system. It discusses the human capital aspect of the system, by means of a study on the prosopography of the Belgian magistrates that analyses the Magistracy as socio-professional group, and focuses on situations of system building, transformations under constraint (occupations), and transfers (colonial experience). Lastly, the book presents a comparative study of Belgium and France regarding the new techniques and instruments that are needed to accelerate the judicial response time and to ensure that the judicial system delivers its services on time.
Criminal Law and Economics applies economic theory to explain crime, law enforcement, criminal law and criminal procedure. This pathbreaking book draws together sixteen chapters by leading scholars in the field, summarizing theoretical and empirical work researched to date on criminal law and economics. The topics range from private and public enforcement of the law, criminal procedure and regulation to terrorism, cyber crime and tax evasion. The expert contributors also cover the political economy of criminal law as well as behavioral criminal law and economics. This updated state-of-the-art reference book on criminal law will be an excellent tool for scholars and graduate students in law and economics.
- Fully updated to account for new developments the law of homicide, theft, offenses against the person. - New 'dissenting voices' feature to encourage critical thinking. - A new chapter on public order offences. - The ideal introductory primer for students taking Criminal Law for the first time, whether at A-level or first year undergraduate, or those studying related disciplines such as Criminology.
The Routledge International Handbook of Penal Abolition provides an authoritative and comprehensive look at the latest developments in the 21st-century penal abolitionism movement, both reflecting on key critical thought and setting the agenda for local and global abolitionist ideas and interventions over the coming decade. Penal abolitionists question the legitimacy of criminal law, policing, courts, prisons and more broadly the idea of punishment, to argue that rather than effectively handling or solving social problems, interpersonal disputes, conflicts and harms, they actually increase individual and societal problems. The Routledge International Handbook of Penal Abolition is organized around six key themes: Social movements and abolition organizing Critical resistance to the penal state Voices from imprisoned and marginalized communities Diversity of abolitionist thought International perspectives on abolitionism Building new justice practices as a response to social and individual wrongdoing. A global-centred and world-encompassing project, this book provides the reader with an alternative and critical perspective from which to reflect and raises the visibility of abolitionist ideas and strategies in a time when there is considerable discussion of how we will move forward in response to what has given rise to the criminalizing system: white supremacy, racial capitalism and human wrongdoing. It is essential reading for all those engaged with punishment and penology, criminology, sociology, corrections and critical prisons studies. It will appeal to any reader who seeks an innovative response to the calamitous failures of the modern criminalizing system.
Originally published in 1991, The Case for the Prosecution examines the entire process of arrest through to conviction.
The last twenty years have seen an unprecedented rise in the use of secret courts or 'closed material proceedings' largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of 'special advocates' who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.
This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to 'money mule' networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.
Private Security and the Investigative Process, Fourth Edition is fully updated and continues to provide complete coverage of the investigative process for private investigations by both individuals and in corporate security environments. This edition covers emerging technology, revised legal and practical considerations for conducting interviews, and new information on case evaluation. Written by a recognized expert in security, criminal justice, ethics, and the law-with over three decades of experience-the updated edition of this popular text covers concepts and techniques that can be applied to a variety of investigations including fraud, insurance, private, and criminal. It details the collection and preservation of evidence, the handling of witnesses, surveillance techniques, background investigations, and report writing. The book reflects best practices and includes tips for ensuring accurate and reliable private sector security investigations. This new edition includes: A new section on career opportunities in paths in the investigative field A rundown of the leading security Industry associations and professional standards being published Added discussion of observational interviews include current protocols analyzing data Details of the current legal implications for security surveillance and practices Advances in technology to thwart crime and fraud in retail and other business settings An entirely new section on e-records from criminal and civil judgments Authoritative, yet accessible, this book is one of the only textbooks dedicated to the subject. It also serves as an important reference for private investigators and security professionals. Complete with numerous forms, checklists, and web exercises, it provides the tools and understanding required to conduct investigations that are professional, ethical, and effective.
The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study - international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
This edited volume presents the work of academics from the Global South and explores, from local and regional settings, how the legal order and people's perceptions of it translates into an understanding of what constitutes "criminal" behaviors or activities. This book aims to address the gap between criminal law in theory and practice in the Global South by assembling 11 chapters from established and emerging scholars from various underrepresented regions of the world. Drawing on research from Singapore, the Philippines, Peru, Indonesia, India, the Dominican Republic, Burma, Brazil, Bangladesh, and Argentina, this book explores a range of issues that straddle the line between social deviance and legal crimes in such societies, including extramarital affairs, gender-based violence, gambling, LGBT issues, and corruption. Issues of inclusivity versus exclusivity, modernity versus tradition, globalization of capital versus cultural revivalism are explored. The contributions critically analyze the role politics and institutions play in shaping these issues. There is an urgent need for empirical studies and new theoretical approaches that can capture the complexity of crime phenomena that occur in the Global South. This book will provide essential material to facilitate the development of new approaches more suitable to understanding the social phenomena related to crime in these societies. This book will make an important contribution in the development of Southern criminology. It will be of interest to students and researchers of criminology and sociology engaged in studies of sentencing and punishment, theories of crime, law and practice, and postcolonialism.
In order for forensic fibre examiners to fully utilize fibre and textile evidence during their analysis, they require not only specialised forensic knowledge but also in-depth knowledge of fibres, yarns and fabrics themselves. Production, both the chemical and physical structure, and the properties of these materials is required in order to determine the value of fibre evidence. This includes knowing production figures, fashion changes, sudden arrivals of new materials, dye variability, and numerous other factors that may have a bearing on the information obtained. Fully updated with the latest advances, Forensic Examination of Fibres, Third Edition continues in the tradition of the First (1992) and Second Editions (1999) as the premier text on the subject of forensic fibre analysis. The international team of contributing authors detail the recovery of the evidence-through the different stages of laboratory examination-to the evaluation of the meaning of findings. The coverage has been considerably expanded, and all material, has been revised and wholly updated. Topics covered include examining damaged textiles, infrared microspectroscopy and thin layer chomatography, and colour analyses. This edition also highlights the critical role of quality assurance in ensuring the reliability of the technical observations and results, and, in doing so, looks at the implications of supervisory managers and labs in the accurate and responsible analysis of such evidence. Features include: Outlining evidentiary process from collecting and preserving the evidence at the crime scene through the laboratory analysis of fibres Detailing the latest developments and emerging technologies including Kevlar and other such advances in fibre technology Coverage of a broad array of fibres both, natural (cellulose, protein, and mineral) and man-made fibres including synthetic, inorganic and regenerated Forensic Examination of Fibres, Third Edition is a much-needed update to the classic book, serving as an indispensable reference to crime scene technicians, laboratory forensic scientists and microscopists, students in police, forensic, and justice science programs.
The value of the canine nose is well-documented, and working dogs are being utilized for their olfactory skills in an increasing number of fields. Not only are dogs used by police, security, and the military, but they are also now used in forensic science, in medical detection of disease, in calculating population trends of endangered species and eradicating invasive species in protected environments, and in identifying infestations and chemical contaminants. Edited and contributed to by eminent scholars, Canine Olfaction Science and Law: Advances in Forensic Science, Medicine, Conservation, and Environmental Remediation takes a systematic scientific approach to canine olfaction. It includes work from scientists working in pure and applied disciplines, trainers and handlers who have trained and deployed detection dogs, and lawyers who have evaluated evidence produced with the aid of detection and scent identification dogs. The book is divided into six sections covering The anatomy, genetics, neurology, and evolution of canine olfaction as well as diseases affecting it The chemistry and aerodynamics of odors Behavior, learning, and training Uses of canine olfaction in forensics and law Uses in conservation and remediation Uses in detection of diseases and medical conditions The various contributors describe cutting edge research, some conclusions of which are the subject of vigorous debates between various laboratories and researchers. The editors have added cross-references so that readers can consider the different perspectives that are currently being advanced and understand where consensus is being built and where more research needs to be done. A useful practical reference, Canine Olfaction Science and Law provides a wealth of information beneficial to a wide range of disciplines. It aids trainers and handlers of detection dogs as well as various professionals in healthcare, law enforcement, forensic science, and environmental conservation to gain a better understanding of the remarkable power of the canine nose while encouraging further advances in applications.
Reviewed and recognized as the most authoritative source in the field, this book describes the methods used worldwide to recover and identify footwear impressions from the scene of a crime. In this new edition, everything, including the original twelve chapters, bibliography, appendix, etc., has been clarified, updated and expanded. This edition includes updated and new information on recovery procedures and materials such as lifting, photography and casting; chemical enhancement; updated information about footwear manufacturing; footwear sizing; and known impression techniques and materials. WHAT'S NEW IN THE SECOND EDITION: Besides updating and expanding the twelve original chapters, Footwear Impression Evidence: Detection, Recovery and Examination, Second Edition adds three new chapters: one chapter on barefoot evidence, which concerns impressions made by the naked or sock-clad foot or those which remain in abandoned or discarded footwear; another new chapter on several cases in which the footwear impression evidence was of primary importance in bringing about a conviction or confession; and finally, a new chapter on the footwear impression evidence in the O.J. Simpson criminal and civil cases.
The use of informants has been described as the "black hole of law enforcement." Failures in the training of police officers and federal agents in the recruitment and operation of informants has undermined costly long-term investigations, destroyed the careers of prosecutors and law enforcement officers, and caused death and serious injuries to innocent citizens and police. In many cases, the events leading to disaster could have been avoided had the law enforcement agency followed the time-tested procedures examined in this book. Informants, Cooperating Witnesses, and Undercover Investigations: A Practical Guide to Law, Policy, and Procedure, Second Edition covers every aspect of the informant and cooperating witness dynamic-a technique often shrouded in secrecy and widely misunderstood. Quoted routinely in countless newspaper and magazine articles, the first edition of this book was the go-to guide for practical, effective guidance on this controversial yet powerful investigative tool. Extensively updated, topics in this second edition include: Sweeping changes in the FBI and ICE informant and undercover programs New informant recruiting techniques Reverse sting operations Entrapment issues Examination of recent high-profile cases where the misuse of informants resulted in lawsuits and legislation The changing nature of compensation and cooperation agreements Forfeiture, informants, and rewards The management of controlled undercover purchases of evidence Challenges posed by fabricated information, phantom informants and police corruption Witness security measures New whistleblower reward programs Authoritative, scholarly, and based on boots-on-the-ground experience, this book is written by an author who has been a police supervisor, an informant recruiter and handler, an undercover agent, and an attorney. Supported by statutes, case law, and previously unpublished excerpts from law enforcement agency manuals, it is essential reading for every police officer, police manager, prosecutor, police academy trainer, criminal justice professor, and defense attorney. This book is part of the Practical Aspects of Criminal and Forensic Investigations series.
"Writing with years of experience in government, Ambassador Edward Marks and Michael Kraft have produced a splendid history of America's long campaign against terrorism. The book analyzes the recent changes in technology and tactics that have profoundly altered today's terrorist challenge...to understand where we are and how we got there, start here."-Brian Michael Jenkins, The Rand Corporation "...This book provides important perspective on where the United States has been in this fight and how that fight must evolve in the new administration. It is must reading for the Trump Administration and anyone else seriously concerned about the next steps in this long struggle." -Brig. Gen. Francis X Taylor, USAF (Rtd.), Former U.S. Coordinator for Counterterrorism and DHS Under Secretary for Intelligence and Analysis "...an indispensable guide to U.S. counterterrorism efforts and policies spanning five decades and nine presidencies ... (The book) fills a significant gap in the literature by providing an invaluable historical context to this unending struggle." -Professor Bruce Hoffman, Director, Security Studies, Georgetown University "A clear and comprehensive survey of American policy toward terrorism over the past half century ... it provides essential background for analysis of future policy." -Martha Crenshaw, Center for International Security and Cooperation, Stanford University U.S. Counterterrorism: From Nixon to Trump - Key Challenges, Issues, and Responses examines the "war on modern terrorism," from the Nixon administration to the early stages of the Trump administration. The book describes the evolution of U.S. counterterrorism responses to the changing terrorist threats, from primarily secular groups, to those with broad-reaching fundamentalist religious goals such as ISIS. The authors highlight the accelerating rate of changes in the terrorism situation from modern technology; the internet, "lone wolf" terrorists, cyber threats, and armed drones. The book describes the Bush Administration's dealing with terrorism as an existential threat and a Global War on Terrorism following 9/11. It then discusses how the Obama administration both continued and modified previous policies. The book provides an extensive list of key documents for those interested in the original texts and a discussion of legal issues. U.S. Counterterrorism provides insights and a useful backdrop for future decisions by the new administration and Congress.
"Evidence management has become a crucial component for the law enforcement community. I truly believe this book is essential in assisting criminal investigators and a valuable resource for managing evidence."-Jeremiah Sullivan, Chairman, Board of Directors, Texas Division of the International Association for Identification; Senior Crime Scene Specialist (Retired). Austin Police Department As technology and technical applications continue to advance in the forensic sciences, the undertakings at crime scenes have become even more critical. Crime scene investigators must ensure that evidence is properly collected, document, packaged, and stored in a manner that maximizes the ability of laboratories to derive meaning and results from the evidence provided them. Forensic Evidence Management: From the Crime Scene to the Courtroom provides best practices policies for forensic science entities and their employees to maintain chain of custody and evidence integrity throughout the course of evidence collection, storage, preservation, and processing. The focus of the book will be to address the issues related with evidence handling and analysis inside the forensic laboratory, in particular, and to offer best practices and guidelines from leading forensic experts in the field. Forms of evidence covered include biological, chemical, trace, firearm, toolmark, fingerprint, and a host of others types recovered at crime scenes. The book concludes with a chapter on ethics, bias, and ethical practices in evidence handling in the field and laboratory analysis. Test Bank and PowerPointTM slides are available for download from the Taylor & Francis ancillary Web site for qualifying course adopters.
This book covers Munchausen and Munchausen by Proxy (MBP) though the terms have recently changed. The 2013 DSM-V-the update to the American Psychiatric Association's (APA) diagnostic and classification tool-has classified both Munchausen and MBP as "Factitious Systematic Abuse." While thought to have occurred primarily with children and their caregivers, recent research shows a more widespread problem: such medical abuse to spouses, the disabled, the elderly-even pets. Many involve repeat and long-term instances of hospital and medical fraud. This book covers the syndrome itself, interviewing and investigative aspects, victimology, as well indicators in the event of homicide and death.
A unique book on recognition and investigation of criminal poisoning for investigators of all backgrounds and stages of their careers. Poisons: An Introduction for Forensic Investigators is a concise yet comprehensive overview of toxicants and unanticipated circumstances in which poisoning occurs. This book expands awareness of poisoning possibilities, heightens recognition of the toxic potential of many substances, and provides information to aid in focusing investigations. Poisons discusses life-threatening toxic substances and agents that modify behavior to achieve criminal goals. These include drugs that facilitate sexual assaults and robberies, and those found in medical child abuse and drug-product tampering. More than 230 case studies illustrate both unintentional and intentional poisoning and highlight situations where poisoning may not immediately be apparent. Information is included in pertinent criminal poisoning cases to illustrate the temperament of poisoners, their relationship to victims, their basis for poison selection, and their method of administration. Since Poisons is written by a single author, the discussions, format, educational level, and terminology remain consistent to aid crime scene investigators, homicide detectives, forensic scientists, death investigators, toxicologists, medical examiners, attorneys, and students. The book's more than 650 references are an asset to frame knowledge as well as a resource to return to again and again.
How has rapid economic modernization in China and India impacted upon policing? To what extent are the two police forces trusted by its citizens? Do the police carry out their duties in a fair and unbiased fashion? What does police corruption look like and why does it persist? And what are the influencing factors in decision-making at the moments-of-truth? Filling the lacuna of research into the police in China and India, this book offers a unique comparative study of the prevalence, nature and organization of police corruption in these countries. This book provides key insights into the relationships between rapid economic modernisation, urbanisation and crime, and its effects on police organisational culture and behaviour as well as on ethical decision making. Moreover, this book performs an audit on which country is better placed to tackle corruption and professionalise their police service. It offers a major contribution to comparative research on criminal justice. It is essential reading for all policing scholars and will be of interest to students of criminology, social and political sciences, development studies, Asian studies, and post-colonial studies.
The concept of 'organised crime' is constructed and mobilised by a milieu of complex factors and discourses including a politics of law and order, and international insecurity, combined with the vested interests and priorities of scholars, politicians, government officials, and policing authorities. This book challenges existing assumptions and accepted understandings of organised crime, and explores the ways in which it is amplified and reconstructed for political purposes. This book critiques how the constitution of the 'organised crime problem' in academic and political discourse provides the conditions necessary for the development of an extensive and international architecture of law, policing, surveillance and intelligence. It examines emerging challenges and future directions including the impact of technology on new problems, and for transnational policing, such as the ease with which the Internet enables crime to be committed across borders, and for electronic communications to be protected with strong encryption hampering interception. No other text presents an integrated and comprehensive study of both the politicisation and policing of organised crime, while questioning the outcomes for society at large. Drawing on international fieldwork and interviews with senior national and supranational policing personnel, this book compares and contrasts various narratives on organised crime. It will be of interest to students and researchers engaged in studies of criminology, criminal justice, organised crime, policing, and law.
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy - but has it? Beginning with an overview of consent's role in law today, this book investigates the doctrine's inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law's contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.
The volume of studies into desistance has grown dramatically in recent years. Much of this research has focused on the internal dynamics of desistance such as decision-making, choice and restraint. Bringing together leading figures and drawing upon case studies from around the world, this book seeks to fill a vacuum in the contemporary literature on desistance by considering processes and practices at a societal level that influence how and why people desist from crime. Beginning with an outline of what is known about how social, cultural and economic structures shape desistance from crime, this book proceeds to explore studies of desistance in countries such as the UK, Brazil, France, Israel, Ireland, Sweden and Chile. These studies touch on variations by ethnicity, the nature of the criminal justice system, economic cycles, gender, religious belief systems and the use of time and space. Policy matters relating to desistance such as the rehabilitation and supervision of former offenders are also explored. This book will be invaluable reading to students and scholars of criminology, sociology and social studies engaged in studies of desistance, criminology, criminal justice, victimology, penology and probation. |
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