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Books > Law > Laws of other jurisdictions & general law > Criminal law
This four volume collection looks at the essential issues concerning crime and punishment in the long nineteenth-century. Through the presentation of primary source documents, it explores the development of a modern pattern of crime and a modern system of penal policy and practice, illustrating the shift from eighteenth century patterns of crime (including the clash between rural custom and law) and punishment (unsystematic, selective, public, and body-centred) to nineteenth century patterns of crime (urban, increasing, and a metaphor for social instability and moral decay, before a remarkable late-century crime decline) and punishment (reform-minded, soul-centred, penetrative, uniform and private in application). The first two volumes focus on crime itself and illustrate the role of the criminal courts, the rise and fall of crime, the causes of crime as understood by contemporary investigators, the police ways of 'knowing the criminal,' the role of 'moral panics,' and the definition of the 'criminal classes' and 'habitual offenders'. The final two volumes explore means of punishment and look at the shift from public and bodily punishments to transportation, the rise of the penitentiary, the convict prison system, and the late-century decline in the prison population and loss of faith in the prison.
This four volume collection looks at the essential issues concerning crime and punishment in the long nineteenth-century. Through the presentation of primary source documents, it explores the development of a modern pattern of crime and a modern system of penal policy and practice, illustrating the shift from eighteenth century patterns of crime (including the clash between rural custom and law) and punishment (unsystematic, selective, public, and body-centred) to nineteenth century patterns of crime (urban, increasing, and a metaphor for social instability and moral decay, before a remarkable late-century crime decline) and punishment (reform-minded, soul-centred, penetrative, uniform and private in application). The first two volumes focus on crime itself and illustrate the role of the criminal courts, the rise and fall of crime, the causes of crime as understood by contemporary investigators, the police ways of 'knowing the criminal,' the role of 'moral panics,' and the definition of the 'criminal classes' and 'habitual offenders'. The final two volumes explore means of punishment and look at the shift from public and bodily punishments to transportation, the rise of the penitentiary, the convict prison system, and the late-century decline in the prison population and loss of faith in the prison.
This four volume collection looks at the essential issues concerning crime and punishment in the long nineteenth-century. Through the presentation of primary source documents, it explores the development of a modern pattern of crime and a modern system of penal policy and practice, illustrating the shift from eighteenth century patterns of crime (including the clash between rural custom and law) and punishment (unsystematic, selective, public, and body-centred) to nineteenth century patterns of crime (urban, increasing, and a metaphor for social instability and moral decay, before a remarkable late-century crime decline) and punishment (reform-minded, soul-centred, penetrative, uniform and private in application). The first two volumes focus on crime itself and illustrate the role of the criminal courts, the rise and fall of crime, the causes of crime as understood by contemporary investigators, the police ways of 'knowing the criminal,' the role of 'moral panics,' and the definition of the 'criminal classes' and 'habitual offenders'. The final two volumes explore means of punishment and look at the shift from public and bodily punishments to transportation, the rise of the penitentiary, the convict prison system, and the late-century decline in the prison population and loss of faith in the prison.
This four volume collection looks at the essential issues concerning crime and punishment in the long nineteenth-century. Through the presentation of primary source documents, it explores the development of a modern pattern of crime and a modern system of penal policy and practice, illustrating the shift from eighteenth century patterns of crime (including the clash between rural custom and law) and punishment (unsystematic, selective, public, and body-centred) to nineteenth century patterns of crime (urban, increasing, and a metaphor for social instability and moral decay, before a remarkable late-century crime decline) and punishment (reform-minded, soul-centred, penetrative, uniform and private in application). The first two volumes focus on crime itself and illustrate the role of the criminal courts, the rise and fall of crime, the causes of crime as understood by contemporary investigators, the police ways of 'knowing the criminal,' the role of 'moral panics,' and the definition of the 'criminal classes' and 'habitual offenders'. The final two volumes explore means of punishment and look at the shift from public and bodily punishments to transportation, the rise of the penitentiary, the convict prison system, and the late-century decline in the prison population and loss of faith in the prison.
Around one in five prisoners report the previous or current incarceration of a parent. Many such prisoners attest to the long-term negative effects of parental incarceration on one's own sense of self and on the range and quality of opportunities for building a conventional life. And yet, the problem of intergenerational incarceration has received only passing attention from academics, and virtually little if any consideration from policy makers and correctional officials. This book - the first of its kind - offers an in-depth examination of the causes, experiences and consequences of intergenerational incarceration. It draws extensively from surveys and interviews with second-, third-, fourth- and fifth-generation prisoners to explicate the personal, familial and socio-economic contexts typically associated with incarceration across generations. The book examines 1) the emergence of the prison as a dominant if not life-defining institution for some families, 2) the link between intergenerational trauma, crime and intergenerational incarceration, 3) the role of police, courts, and corrections in amplifying or ameliorating such problems, and 4) the possible means for preventing intergenerational incarceration. This is undeniably a book that bears witness to many tragic and traumatic stories. But it is also a work premised on the idea that knowing these stories - knowing that they often resist alignment with pre-conceived ideas about who prisoners are or who they might become - is part and parcel of advancing critical debate and, more importantly, of creating real change. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about more about families in prison.
This book offers a collection of cutting-edge essays on the relationship between crime, harm and consumer culture. Although consumer culture has been addressed across the social sciences, it has yet to be fully explored in criminology. The editors bring together an impressive list of authors with original ideas and a fresh perspective to this field. The collection first introduces the reader to three sets of ideas which will be especially useful to students and researchers piecing together theoretical frameworks for their studies. New concepts such as pseudo-pacification, the materialist libertine and the commodification of abstinence can be used as foundation stones for new explanatory criminological analyses in the 21st century. The collection then moves on to present case studies based on rigorous empirical work in the fields of consumption and debt, 'outlaw' gangs, illegal drug markets, gambling, the mentality that drives investment fraudsters and the relationship between social media and state surveillance. These case studies showcase the strength of the research skills and knowledge these scholars offer to the field of criminology. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the effects of consumer culture in modern society.
Understanding and Reducing Prison Violence considers both the individual and prison characteristics associated with violence perpetration and violent victimization among both prison inmates and staff. Prison violence is not a random process; rates of violence vary across prisons and the odds of perpetrating violence or experiencing violent victimization vary across inmates and staff. A comprehensive understanding of the causes of prison violence therefore requires consideration of both individual and prison characteristics. Building on large dataset comprising 5,500 inmates and 1,800 officers across 45 prisons located across two of the United States (Ohio and Kentucky), this book showcases one of the largest and most comprehensive studies of prisons carried out to date. It considers both the implications of the study for theories of prison violence and the implications of the study for preventing violence in prisons. It will be of interest to academics, practitioners, and policy makers alike.
We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides's new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.
Fascinating look at police heros and villians Unique in that it provides both the biographical and historical record of American Police chiefs Structured in a logical flow that discusses the era, theories of leadership and bios of the chiefs
This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.
This book examines the prevailing legal discourse surrounding domestic violence law in India. It investigates the myths, patriarchal stereotypes, and misconceptions that undermine the process of justice and dilute legal provisions to the detriment of survivors. The volume: Develops arguments based on legal case studies and draws extensively on knowledge from various fields of study, as well as the experience of women survivors. Examines fallacies within the legal framework through a study of strategic lawsuits against public participation suits within the Indian context. Proposes measures for a fair and more gender inclusive legal system that focuses on facilitating access to justice. Suggests that emphasis be laid on establishing the rule of law and eliminating the culture of violence. A key text on gender and law in India, this book will be indispensable to scholars and researchers of socio-legal studies, law, gender, human rights, women's studies, social science, political science, and feminist jurisprudence in South Asia. It will also be of interest to NGOs, activists, and lawyers.
Exploring High-risk Offender Treatment and the Role of Music Therapy explores the treatment delivered to high-risk offenders with complex needs, focusing on sex and violent offenders. The book advocates for the further use of less traditional and creative therapies, in particular, music therapy. The higher the risk, the greater the needs. Offenders with complex needs have a range of factors impacting their abilities and well-being including mental health and learning disorders. Importantly, high-risk offenders commonly present with complex needs and, therefore, require treatment that is highly responsive. Guiding this book is the existing literature and qualitative research, conducted by the author, that sought to gain the perspectives and experiences of practitioners in the field. This included 38 interviews with those that deliver treatment to high-risk offenders and music therapy. This book examines the components of high-risk offender treatment, highlighting the effective elements and the limitations found within the literature and from the perspective of interviewed practitioners. Offering insight into less traditional therapies, the book presents literature surrounding mindfulness, psychodrama and art therapy for high-risk offenders. It is argued that there has been a recent shift towards a creative corrections approach, where less traditional therapies are gaining recognition within offender treatment, as they offer unique and supportive benefits to traditional treatment. This book focuses on examining the role of music therapy for high-risk offenders, mainly through a critical discussion on the relevant literature and qualitative practitioner data. Advocating the further implementation of creative corrections approaches, this book will be of great interest to academics and researchers within the fields of offender treatment and penology, as well as forensic psychologists and those studying or practicing music therapy.
It isn't enough to celebrate the death penalty's demise. We must learn from it. When Henry McCollum was condemned to death in 1984 in rural North Carolina, death sentences were commonplace. In 2014, DNA tests set McCollum free. By then, death sentences were as rare as lethal lightning strikes. To most observers this national trend came as a surprise. What changed? Brandon Garrett hand-collected and analyzed national data, looking for causes and implications of this turnaround. End of Its Rope explains what he found, and why the story of who killed the death penalty, and how, can be the catalyst for criminal justice reform. No single factor put the death penalty on the road to extinction, Garrett concludes. Death row exonerations fostered rising awareness of errors in death penalty cases, at the same time that a decline in murder rates eroded law-and-order arguments. Defense lawyers radically improved how they litigate death cases when given adequate resources. More troubling, many states replaced the death penalty with what amounts to a virtual death sentence-life without possibility of parole. Today, the death penalty hangs on in a few scattered counties where prosecutors cling to entrenched habits and patterns of racial bias. The failed death penalty experiment teaches us how inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments undermine the pursuit of justice. Garrett makes a strong closing case for what a future criminal justice system might look like if these injustices were remedied.
Fingerprints: Analysis and Understanding the Science, Second Edition is a thorough update of Mark Hawthorne's classic written by two professionals with combined experience not only in crime scene investigations but also as court-recognized experts in latent print examination. Designed as a concise text to cover the fundamental techniques and principles of obtaining and analyzing latent fingerprint evidence, the book is laid out and written in an easy to understand format for those front-line professionals collecting and analyzing fingerprint evidence. Over time, the degree of sophistication and education on fingerprints and friction ridge analysis has increased. Ultimately, through scientific study by pioneers in the field, the composition of friction skin soon became evident: that it could be used as a unique identifier of individuals. Now, fingerprints and footprints as unique identifiers-and their use in criminal cases-have become commonplace and an essential component of criminal investigation with most cases involving some component of fingerprint evidence. Divided into two parts, the book begins with the basics of analysis, providing a brief history, systematic methods of identification, fingerprint pattern types and their associated terminologies and current classifications. The second part of the book discusses the identification and presentation of evidence in the courtroom, demonstrating both the traditional, manual method of lifting prints and the newer techniques for automated and live scans. Coverage provides instruction on searching and developing latent prints, storage, and comparison of prints. New to this edition are updated techniques on collecting and preserving fingerprint evidence-including packaging and maintaining chain of custody. More detailed documentation processes, and additional chemical and lifting techniques, are described including use of light sources, latent backing cards and lifting material, casting material, ten print cards, and the enhancement of prints in blood. A discussion of laboratory equipment and comparison tools, the addition of photography techniques, and recent courtroom challenges to fingerprint evidence is also presented. Fingerprints, Second Edition will provide a hands-on, fresh look at the most commonly utilized evidence found at crime scenes: fingerprints. The book will provide law enforcement, crime scene personnel and students just such an opportunity to easily understand and grasp the concepts, and relevant issues, associated with friction skin and fingerprint evidence.
Evidence-Based Practice (EBP) has over the last decade made an increasing mark in several fields, notably health and medicine, education and social welfare. In recent years it has begun to make its mark in criminal justice. As engagement with EBP has spread, it has begun to evolve from what might be regarded as a somewhat narrow doctrine and orthodoxy to something more complex and various. Often criminological research has been at odds with the assumptions, conventions and methodologies associated with first generation EBP. In that context EBP poses a challenge to the research community and existing evidence base and is, accordingly, hotly controversial. This book is a welcome and timely contribution to current debates on evidence-based practice in policing. With a sharp conceptual focus, the chapters provide a critical examination of the recent history of EBP in academic, policy and practitioner communities, evaluate key dimensions of its application to policing, challenge established understandings and pave the way for a much needed change in how research 'evidence' is perceived, generated, transferred, implemented and evaluated.
* Provides a balance of academic and professional perspectives;
It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.
The Routledge International Handbook of Perpetrator Studies traces the growth of an important interdisciplinary field, its foundations, key debates and core concerns, as well as highlighting current and emerging issues and approaches and pointing to new directions for enquiry. With a focus on the perpetrators of mass killings, political violence and genocide, the handbook is concerned with a range of issues relating to the figure of the perpetrator, from questions of definition, typology, and conceptual analysis, to the study of motivations and group dynamics to questions of guilt and responsibility, as well as representation and memory politics. Offering an overview of the field, its essential concepts and approaches, this foundational volume presents contemporary perspectives on longstanding debates and recent contributions to the field that significantly expand the theoretical, temporal, political, and geographical discussion of perpetrators and their representation through literature, film, and art. It points to emerging areas and future trends in the field, thus providing scholars with ideas or encouragement for future research activity. As such, It will appeal to scholars across a range of disciplines, including sociology, anthropology, criminology, philosophy, memory studies, psychology, political science, literary studies, film studies, law, cultural studies and visual art.
The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9780429467608, has been made available under a Creative Commons Attribution-NonCommercial-No Derivatives 4.0 license. While the Nordic countries are listed at the top in most international rankings of gender equality and citizens' feelings of security, studies on the prevalence of sexual victimisation present a different picture, suggesting that the very countries that have invested much in establishing gender equality actually see a high prevalence of sexual violence. This book sheds light on the phenomenon and construction of rape and other forms of sexual violence within the Nordic region, exploring the ways in which rape and sexual violence are dealt with through criminal law and considering governmental policies aimed at combatting it, with a special focus on legal regulations and developments. Thematically organised, it offers new research on perpetrators, victimhood, criminal justice and prevention. Multi-disciplinary in approach, it brings together the latest work from a range of scholars to offer insights into the situation in the five Nordic countries, asking how and why rape and other forms of sexual violence occur, whilst also addressing the timely issues of online sexual cultures, BDSM and the grey areas of sexual offences. As such, it will appeal to scholars of sociology, criminology and law with interests in gender and sexual violence.
Criminal defence at the investigative stage has attracted growing attention due to the shifting focus of the criminal process onto pre-trial stages, and the recent European regulations adopted in this area. Increasingly, justice practitioners and legislators across the EU have begun to realise that 'the trial takes place at the police station'. This book provides a comprehensive legal, empirical and contextual analysis of criminal defence at the investigative stage from a comparative perspective. It is a socio-legal study of criminal defence practice, which draws upon original empirical material from England and Wales and the Netherlands. Based on extensive interviews with lawyers, and extended periods of observation, the book contrasts the encountered reality of criminal defence with the model role of a lawyer at the investigative stage derived from European norms. It places the practice of criminal defence within the broader context of procedural traditions, contemporary criminal justice policies and lawyers' occupational cultures. Criminal Defence at Police Stations questions the determinative role of procedural traditions in shaping criminal defence practice at the investigative stage. The book will be of interest for criminal law and justice practitioners, as well as for academics focusing on criminal justice, criminology, socio-legal studies, legal psychology and human rights.
This book provides an overview of crimes under international law, radical evils, in a number of African states. This overview informs a critical analysis of the debates surrounding the African Union's call for withdrawal from the International Criminal Court and proposes a way forward with a more pertinent role for the Court. The work critically analyzes the arguments around withdrawal from the ICC and the extension of the jurisdiction of the African Court into criminal matters. It is held that this was not intended in the spirit of complementarity as envisaged by the Rome Statute, and is subject to political calculation and manipulation by national governments. Recasting the ICC as a court of second instance would provide a stronger institutional and jurisdictional regime. The book will be a valuable resource for students, academics, and policymakers working in the areas of international humanitarian law, international criminal law, African studies, and genocide studies.
Analysing both UK and international case law, this book develops unique regulatory ideas and insights which better respond to the complexity of human drug use.
This book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.
This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers' Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology. |
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