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Books > Law > Laws of other jurisdictions & general law > Criminal law
This handbook presents cutting-edge research that compares
different criminal procedure systems by focusing on the mechanisms
by which legal systems seek to avoid error, protect rights, ground
their legitimacy, expand lay participation in the criminal process,
and develop alternatives to criminal trials, such as plea
bargaining, as well as alternatives to the criminal process as a
whole, such as intelligence operations. The criminal procedures
examined in this book include those of the United States, Germany,
France, Spain, Russia, India, Latin America, Taiwan, and Japan,
among others. This book explores a number of key topics in the
field of criminal procedure: the role of screening mechanisms in
weeding out weak cases before trial; the willingness of different
legal systems to suppress illegally obtained evidence; the ways
legal systems set meaningful evidentiary thresholds for arrest and
pretrial detention; the problem of wrongful convictions; the way
legal systems balance the search for truth against other values,
such as protections for fundamental rights; emerging legal
protections for criminal defendants, including new safeguards
against custodial questioning in the European Union, limitations on
covert operations in post-Soviet states, and the Indian system of
anticipatory bail; as well as the mechanisms by which legal systems
avoid trials altogether. A number of contributors also examine the
impact of legal reforms that have newly introduced lay jurors into
the fact-finding process or that now require juries to give reasons
for verdicts. The ideal readership for this handbook includes law
students, scholars of criminal procedure and comparative law, as
well as civil liberties lawyers. Scholars of national security, the
European Union, transitional justice, and privacy will also be
interested in the volume's contributions to their fields.
Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E.
Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M.
Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C.
Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. Wen
How often is the defense of insanity or temporary insanity for
accused criminals valid-or is it ever legitimate? This unique work
presents multidisciplinary viewpoints that explain, support, and
critique the insanity defense as it stands. What is the role of
"the insanity defense" as a legal excuse? How does U.S. law handle
criminal trials where the defendant pleads insanity, and how does
our legal system's treatment differ from those of other countries
or cultures? How are insanity defenses used, and how successful are
these defenses for the accused? What are the costs of incarceration
versus psychiatric treatment and confinement? This book presents a
range of expert viewpoints on the insanity defense, exposing common
myths; investigating its effectiveness and place in our legal
system through history, case studies, and comparative analysis; and
supplying perspectives from the disciplines of psychology,
psychiatry, sociology, and neuroscience. The content also addresses
the ramifications of declaring citizens insane or incapacitated and
examines trials that involved pleas of insanity and temporary
insanity. Presents multidisciplinary coverage of this important
topic-one that is typically polarizing for members of the general
public Includes discussions of new advances in neuroscience that
have revived debates regarding free will, culpability, and
punishment Illustrates points with widely publicized and televised
trials that have recently increased public awareness of the
insanity defense as well as heated debates over its justification
The Ouija board jury incident of 1994 is one of the most
disconcerting in English legal history, possibly (says the author)
'the nadir of reported juror misbehaviour in the 20th-century'.
But, as Professor Jeremy Gans shows, in an era of soundbites it has
been distorted by the media whilst even eminent lawyers have
sometimes got the story wrong. In this first full-length treatment
he emphasises the known facts, the constitutional dilemma of
investigating even bizarre jury misbehaviour and how the trial
involved one of the most serious murder cases of the decade in
which two people were shot in cold blood. Stephen Young's
conviction after a re-trial is still claimed to be a miscarriage of
justice by some people, as to which Gans puts forward his own
ingenious solution. But quite apart from analysing the facts of R v
Young, this book is a tour de force on jury misbehaviour in which
the author also examines the implications for example of winks and
nods, research by jurors, speaking or listening out of turn, going
to sleep during the hearing or falling in love with one of the
advocates. Amusing at first sight, such events involve deep
questions of law, practice and democratic involvement in the
Criminal Justice process. Far from being a mere anecdote, the case
of the Ouija board jurors, the misconceptions about it and the
issues it leads to deserve close study by anyone who is even
remotely interested in jury trial. The first full length treatment
of an iconic case. Dispels the myths that have built-up around it.
Looks at other instances of jury misbehaviour. Shows how the courts
and Parliament have wrestled with problems of this kind. A
first-rate analysis of a baffling double murder.
Dr. Lee P. Brown, one of America's most significant and respected
law enforcement practitioners, has harnessed his thirty years of
experiences in police work and authored Policing in the 21st
Century: Community Policing. Written for students, members of the
police community, academicians, elected officials and members of
the public, this work comes from the perspective of an individual
who devoted his life to law enforcement. Dr. Brown began his career
as a beat patrolmen who through hard work, diligence and continued
education became the senior law enforcement official in three of
this nation's largest cities. The book is about Community Policing,
the policing style for America in the Twenty-First Century. It not
only describes the concept in great detail, but it also illuminates
how it evolved, and how it is being implemented in various
communities throughout America. There is no other law enforcement
official or academician who is as capable as Dr. Brown of
masterfully presenting the concept of Community Policing, which he
pioneered. As a philosophy, Community Policing encourages law
enforcement officials, and the people they are sworn to serve, to
cooperatively address issues such as crime, community growth, and
societal development. It calls for mutual respect and understanding
between the police and the community. The book is written from the
perspective of someone whose peers identify as the "father" of
Community Policing, and who personally implemented it in Police
Departments under his command. It is a thoroughly amazing book that
has been heralded as a "must read" for anyone who has an interest
in law enforcement. Elected officials, academicians, leaders of the
nation's police agencies and members of the public will be
captivated by Dr. Brown's literary contribution.
The definition of organised crime has long been the object of
lively debate, at national and international level. Sociological
and legal analysis has not yet led to one definitive answer to the
question of what exactly 'organised crime' means. Nonetheless, many
instruments adopted both at international and national levels set
forth special legal regimes designed to target criminal groups
featuring a stable organisation, which are perceived as
particularly dangerous to society. Therefore, identifying the
notion of organised crime is crucial to establishing the scope of
any legal instrument specifically designed for combating it. The
aim of this book is to reassess the scope, the effectiveness and
the overall coherence of existing definitions of organised crime,
and to identify any need for a reconsideration of these
definitions, specifically with reference to the EU legal order. It
will be of interest to academics, practitioners and legislators
working in the sphere of EU criminal law and of organised crime
more generally.
Drawing on the expertise and experience of contributors from a wide
range of academic, professional and judicial backgrounds, the
Research Handbook on the International Penal System critically
analyses the laws, policies and practices that govern detention,
punishment and the enforcement of sentences in the international
criminal justice context. Comprehensive and innovative, it examines
the operation of the international penal system, covering pertinent
issues such as non-custodial sanctions, monitoring of conditions of
detention, the protection of prisoners under international law and
the transfer of prisoners. These aspects are presented in a logical
order, linking up with the chronological sequence of the
international criminal justice process. Far-reaching, this Handbook
also explores broader normative questions related to contemporary
human rights law, transitional and restorative justice and victim
redress, before exploring contemporary and alternative mechanisms
for punishing and overseeing punishment, and possible avenues for
development. This up-to-date assessment will provide valuable
insights for researchers and students of international criminal law
and justice, comparative penal law, penology, prisoners' rights and
transitional and restorative justice. Its recommendations for
development will also interest international and national officials
working in criminal law and justice. Contributors: D. Abels, K.
Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A.
Fisher, B. Hola, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R.
Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A.
Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young
This textbook was developed from an idiom shared by the authors and
contributors alike: ethics and ethical challenges are generally
black and white - not gray. They are akin to the pregnant woman or
the gunshot victim; one cannot be a little pregnant or a little
shot. Consequently, professional conduct is either ethical or it is
not. Unafraid to be the harbingers, Turvey and Crowder set forth
the parameters of key ethical issues across the five pillars of the
criminal justice system: law enforcement, corrections, courts,
forensic science, and academia. It demonstrates how each pillar is
dependent upon its professional membership, and also upon the
supporting efforts of the other pillars - with respect to both
character and culture. With contributions from case-working experts
across the CJ spectrum, this text reveals hard-earned insights into
issues that are often absent from textbooks born out of just theory
and research. Part 1 examines ethic issues in academia, with
chapters on ethics for CJ students, CJ educators, and ethics in CJ
research. Part 2 examines ethical issues in law enforcement, with
separate chapters on law enforcement administration and criminal
investigations. Part 3 examines ethical issues in the forensic
services, considering the separate roles of crime lab
administration and evidence examination. Part 4 examines ethical
issues in the courts, with chapters discussing the prosecution, the
defense, and the judiciary. Part 5 examines ethical issues in
corrections, separately considering corrections staff and treatment
staff in a forensic setting. The text concludes with Part 6, which
examines ethical issues in a broad professional sense with respect
to professional organizations and whistleblowers. Ethical Justice:
Applied Issues for Criminal Justice Students and Professionals is
intended for use as a textbook at the college and university, by
undergraduate students enrolled in a program related to any of the
CJ professions. It is intended to guide them through the real-world
issues that they will encounter in both the classroom and in the
professional community. However, it can also serve as an important
reference manual for the CJ professional that may work in a
community that lacks ethical mentoring or leadership.
This is a truly excellent book: wide-ranging, meticulous
scholarship, very well written and easy to read. It should be on
the desks of every senior civil servant, government lawyer and
politician in every African country. After this book, there is no
excuse for not having in place the necessary legal framework and
equally important, for not using that legal framework to combat
corruption.' - Patrick McAuslan, Birkbeck University of London,
UKDrawing on numerous recent examples of good and bad practice from
around the continent, this insightful volume explores the legal
issues involved in developing and enhancing good governance and
accountability within African states, as well as addressing the
need for other states worldwide to demonstrate the 'transnational
political will' to support these efforts. John Hatchard considers
the need for good governance, accountability and integrity in both
the public and private sector. He studies how these issues are
reflected in both the African Union Convention on Preventing and
Combating Corruption and the United Nations Convention Against
Corruption. The book demonstrates that despite the vast majority of
African states being party to these conventions, in practice, many
of them continue to experience problems of bad governance,
corporate bribery and the looting of state assets. It explores how
the 'art of persuasion' can help develop the necessary political
will through which to address these challenges at both the national
and transnational levels. This unique and influential book will be
of worldwide interest to those studying law, politics or business,
as well as legal practitioners, policymakers, senior public
officials, parliamentarians, law reformers, civil society
organizations and the corporate sector. Contents: Introduction 1.
Setting the Scene: Law and Persuasion 2. Law and Governance in
Africa: Supporting Integrity and Combating Corruption 3. Preventive
Measures: Maintaining Integrity in the Public Service 4. When
Things Go Wrong: Addressing Integrity Problems in the Public
Service 5. Constitutions, Constitutional Rights and Combating
Corruption: Exploring the Links 6. Investigating and Prosecuting
Corruption Related Offences: Challenges and Realities 7. National
Anti-corruption Bodies: A Key Good Governance Requirement? 8.
Judges: Independence, Integrity and Accountability 9. Combating
Corruption: 'Persuasion' and the Private Sector 10. Preventing the
Looting of State Assets: Combating Corruption-Related Money
Laundering 11. Preventing Public Officials from Enjoying their
Proceeds of Corruption 12. Law, Political Will and the Art of
Persuasion Bibliography Index
Pushing past the standard federal-state narrative, the essays in
Florida's Other Courts examine eight little-known Florida courts.
In doing so, they fill a longstanding gap in the state's legal
literature. In Part I, the contributors profile Florida's courts
under the Spanish and British empires and during its existence as a
U.S. territory and a member of the Confederate States of America.
In Part II, they describe four modern-era courts: those governing
military personnel stationed in Florida; adherents of specific
religious faiths in Florida; residents of Miami's black
neighborhoods during the waning days of Jim Crow segregation; and
members of the Miccosukee and Seminole Indian tribes. Including
extensive notes, a detailed index, and a complete table of cases,
this volume offers a new and compelling look at the development of
justice in Florida.
In the late nineteenth century, progressive reformers recoiled at
the prospect of the justice system punishing children as adults.
Advocating that children's inherent innocence warranted
fundamentally different treatment, reformers founded the nation's
first juvenile court in Chicago in 1899. Yet amidst an influx of
new African American arrivals to the city during the Great
Migration, notions of inherent childhood innocence and juvenile
justice were circumscribed by race. In documenting how blackness
became a marker of criminality that overrode the potential
protections the status of ""child"" could have bestowed, Tera Eva
Agyepong shows the entanglements between race and the state's
transition to a more punitive form of juvenile justice. This
important study expands the narrative of racialized criminalization
in America, revealing that these patterns became embedded in a
justice system originally intended to protect children. In doing
so, Agyepong also complicates our understanding of the nature of
migration and what it meant to be black and living in Chicago in
the early twentieth century.
All the major financial centres have experienced a rise in
anti-money laundering rules and regulations. Initially, anti-money
laundering laws were used as a weapon in the war on drugs, whilst
more recently they have been deployed in the ongoing fight against
terrorism. These developments, the authors reveal, have had serious
consequences for banks and other financial institutions - affecting
not only profit margins but also the way in which business is
conducted. Topical and pertinent issues addressed in this book
include questions such as, has all the recent legislative activity
really put a stop to the problem? Are the international rules being
implemented as carefully as they should? How level is the playing
field in cross border banking? The regimes and implementation of
anti-money laundering laws and regulations of four major, cross
border, financial centres are also examined in depth: Switzerland,
Singapore, the UK, and the USA. Going beyond the purely
descriptive, there are comparative analyses of these countries
against existing international standards - with illuminating
results. This new book is full of original insight and analysis and
will be an invaluable resource for lawyers, both scholarly and
practitioner based, with an interest in economic crime as well as
policymakers and compliance officers within banks and other
financial institutions.
Step inside a real-life, missing person investigation in this compelling, true crime must-read.
Uncover what happened to missing estate agent Suzy Lamplugh, as David Videcette takes you on a quest to unpick her mysterious disappearance and scrutinise the shadowy 'Mr Kipper'.
One overcast Monday in July 1986, 25-year-old estate agent Suzy Lamplugh vanished whilst showing a smart London property to a mysterious 'Mr Kipper'. Despite the baffling case dominating the news and one of the largest missing persons cases ever mounted, police failed to find a shred of evidence establishing what had happened to her.
Sixteen years later, following a second investigation and under pressure from Suzy's desperate parents, police named convicted rapist and murderer John Cannan as their prime suspect. However, the Crown Prosecution Service refused to charge him, citing a lack of evidence.
High-profile searches were conducted, yet Suzy's body was never found. The trail that might lead investigators to her, long since lost.
Haunted by another missing person case, investigator and former Scotland Yard detective, David Videcette, has spent five years painstakingly reinvestigating Suzy's cold case disappearance. Through a series of incredible new witness interviews and fresh groundbreaking analysis, he uncovers piece by piece what happened to Suzy and why the case was never solved.
The pursuit of the financial proceeds of criminal activity has
become a central theme of contemporary crime control. Initially
conceived to tackle the global trade in illegal drugs, these
methods have been more recently employed in the context of
terrorism. This work offers a judicious account of the national and
international strategies which seek to cope with crime by attacking
its financial underpinnings. The book focuses on the increasingly
civil legal orientation of these strategies - a sea change from
criminal prosecutions to civil legal instruments. The author
focuses on developments of the civil strategy in the US and the UK
beginning with its historical origins. The work reveals the
contradictions that animate the civil approach to criminal finance
and discloses the failure of civil devices, as presently
constituted, to comply with rights. It bridges the gap between two
jurisdictions prominent in this area; the United States and the
United Kingdom. This comparative element distinguishes the project
from other work in the field that focuses on a single jurisdiction.
Critical in its perspective, the work brings balance and reflection
to an emergent area of national and international interest. Money
Laundering and the Proceeds of Crime analyzes rather than merely
describes the proceeds of crime laws, anti-money laundering regimes
and the civil legal approach to criminal finance and as such will
have a wide readership. The book will appeal to, amongst others,
government actors involved in constructing instruments to confront
criminal finance, scholars and researchers working in the area and
banks, financial institutions, lawyers and other professional
private actors charged with anti-money laundering functions.
This book considers the law, policy and procedure for child
witnesses in Australian criminal courts across the twentieth
century. It uses the stories and experiences of over 200 children,
in many cases using their own words from press reports, to
highlight how the relevant law was - or was not - applied
throughout this period. The law was sympathetic to the plight of
child witnesses and exhibited a significant degree of pragmatism to
receive the evidence of children but was equally fearful of
innocent men being wrongly convicted. The book highlights the
impact 'safeguards' like corroboration and closed court rules had
on the outcome of many cases and the extent to which fear - of
children, of lies (or the truth) and of reform - influenced the
criminal justice process. Over a century of children giving
evidence in court it is `clear that the more things changed, the
more they stayed the same'.
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