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Books > Law > Laws of other jurisdictions & general law > Criminal law
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 monograph illuminates the connections between juvenile defense policies and the racially disparate impact of the juvenile justice system. The limited data that exist on youth in the juvenile justice system consistently depict disparate contact and outcomes for black youth across the system. The broad rehabilitative goals of the U.S. juvenile justice system, along with the "best interest" legal standard of the child welfare system, muddle the protection of youth due process rights. States differ widely in their policies granting defense counsel, and many policies lack specific language for policies addressing notions such as appointment timing, duration of representation, waiver criteria, and role of counsel. Using a combination of legal and sociological research methods, this book examines the lack of specificity in the language of juvenile defense policies and connects the dots between this deficiency with the racially disparate impact of the system, contextualizing findings within a broader theoretical constructs of race and law. The author introduces common elements of juvenile defense policies, describes their impact, and makes suggestions for strengthening defense counsel policies. The book concludes with a call to action regarding expanded data-collection practices for juvenile delinquency courts. This book is essential reading for those engaged in youth and juvenile justice efforts and scholars interested in issues surrounding due process, race, class, social policy, and justice.
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 national and international law, human rights and civil liberties issues involved in governments calling out the armed forces to deal with civil unrest or terrorism. The introduction of domestic military powers has become an international trend. Troops already have been seen on the streets in major Western democracies. These developments raise major political, constitutional and related problems. Examining the changes underway in eight comparable countries-the United States, Canada, Britain, France, Italy, Germany, Japan and Australia-this book provides a review and analysis of this trend, including its implications for legal and political rights. The book will be of interest to the general public, as well as students, academics and policy-makers in the areas of human rights and civil liberties, constitutional law, criminal justice and security studies.
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.
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.
Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.
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.
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.
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.
Understanding prisons and the policies surrounding them is of fundamental importance to students and practitioners of criminology and related fields. This concise and accessible guide offers a compendium of key information, theories, concepts, research and policy, presenting a rounded and critical overview of the prison system in England and Wales. Covering the historical and contemporary context of prisons, the text guides the reader through prison life as experienced by different groups such as women, the work of prison officers and a tour of international prisons. Each chapter features key learning items: * an overview and summary; * learning outcomes; * end of chapter questions; * definitions of key terms and concepts; * examples and illustrative case studies; * summary boxes of key research studies and further reading. Focusing on the experiences of stakeholder groups and the themes of power, legitimacy and rehabilitation, the book concludes with an overview of the future challenges for prisons.
* 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.
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.
This book explores the largely neglected relationship between men, masculinities and honour-based abuse (HBA). There is a common misconception that HBA - whether physical violence, emotional abuse or so-called 'honour' killings - occurs only against women. This book addresses the gap in the current literature concerning the relationship between men, masculinities and HBA. With contributions from an international and interdisciplinary range of both academics and professionals, the book examines HBA and forced marriages specifically from male-victim perspectives, both in the UK and internationally. Providing a clear understanding of the main theoretical and sociological explanations of HBA against male victims, the book demonstrates that, although men are indeed the main perpetrators of HBA, state agencies must address the fact that many men are also victims. This book is essential reading for students, academics, and practitioners alike.
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.
This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
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.
The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate-control and prevent crime, keep the peace, provide public services-and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood. The Oxford Handbook of Police and Policing brings together research on the development and operation of policing in the United States and elsewhere. Accomplished policing researchers Michael D. Reisig and Robert J. Kane have assembled a cast of renowned scholars to provide an authoritative and comprehensive overview of the institution of policing. The different sections of the Handbook explore policing contexts, strategies, authority, and issues relating to race and ethnicity. The Handbook also includes reviews of the research methodologies used by policing scholars and considerations of the factors that will ultimately shape the future of policing, thus providing persuasive insights into why and how policing has developed, what it is today, and what to expect in the future. Aimed at a wide audience of scholars and students in criminology and criminal justice, as well as police professionals, the Handbook serves as the definitive resource for information on this important institution.
The Royal Financial Administration and the Prosecution of Crime in France, 1670-1789 explores the French monarchy's role in financing criminal prosecutions in the royal courts of the realm-the payment of criminal frais de justice in the vocabulary of the ancien regime-between 1670 and 1789 (that is, from the codification of criminal judicial procedure in the early period of Louis XIV's personal rule to the outbreak of the French Revolution). The subject brings together three areas of scholarly inquiry-criminal justice, royal administration, and the management of the crown's finances. A central goal of the study is to provide factual information and interpretive insights on each of these topics and to explain the relationship of each to the others over a long time period. The book contributes to existing scholarship in four ways. First, although each of the major dimensions of the inquiry-the operation of the criminal justice system, the conduct of the royal administration, and the management of the monarchy's finances-has a large and increasingly sophisticated historical literature, this is the first study to combine them in a systematic way. Second, the long time period covered in the book not only enables the historian to distinguish gradual from rapid change, but it also allows the reader to view how the system functioned in different historical contexts. Third, the study is based on archival sources throughout France. This comprehensive approach permits the identification of elements of a common experience without sacrificing attention to important aspects of regional diversity. Finally, with respect to the sources themselves, the range is broad, encompassing regulatory acts and decisions of the king's councils; administrative correspondence at the central, regional, and in some cases local levels; financial accounts and related papers; and court records from the major appellate courts and from several lower courts as well. An appendix of 33 tables lists figures of annual expenditure and other pertinent financial operations for each of the major financial districts of the kingdom. |
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