This book is the first Australian study, based on extensive fieldwork, of the personal backgrounds and processes by which juveniles get drawn into risky and violent situations that culminate in murder. Drawing on interviews with every juvenile under sanction of life imprisonment in the State of South Australia (2015-2019), it investigates links in the chain of events that led to the lethal violence that probably would have been broken had there been appropriate intervention. Specifically, the book asks whether the existing criminal justice frame is the appropriate way to deal with children who commit grave acts. The extent to which prison facilitates and/or inhibits the mental, emotional, and social development of juvenile 'lifers' is a critical issue. Most - if not all - will be released at some point, with key issues of risk (public protection) and rehabilitation (probability of desistance) coming sharply to the fore. In addition, this book is also the first to capture how significant others including mothers, fathers, grandparents, and siblings are affected when children kill and the level of commitment these relatives have towards supporting the prisoner in his or her quest to build a positive future. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, andpenology; practitioners working in social policy; and all those interested in the lives and backgrounds of juvenile offenders.

Genocide, State Crime and the Law critically explores the use and role of law in the perpetration, redress and prevention of mass harm by the state. In this broad ranging book, Jennifer Balint charts the place of law in the perpetration of genocide and other crimes of the state together with its role in redress and in the process of reconstruction and reconciliation, considering law in its social and political context. The book argues for a new approach to these crimes perpetrated 'in the name of the state' - that we understand them as crimes against humanity with particular institutional dimensions that law must address to be effective in accountability and as a basis for restoration. Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice. An important, and indeed vital, contribution to the growing interest and literature in the area of genocide and post-conflict studies, Genocide, State Crime and the Law will be of considerable value to those concerned with law's ability to be a force for good in the wake of harm and atrocity.

The Sex Offender Register examines the origins, history, structure and legalities of the UK sex offender register, and explores how political and public opinion has influenced the direction the policy of registration has taken. Delving into the origins of the UK sex offender register and how the registration policy has evolved, this book provides an understanding of the register and its contribution to public protection while attempting to see the register as a policy that has grown and developed and as having an organic life of its own. The sex offender register is designed as a form of public protection rather than a punishment, requiring offenders to notify the police of their circumstances and to accept a degree of offender management from the police. The book: * puts the development of the register in its political, social and ethical context * considers the position of children and young people as offenders * outlines the movement of registered offenders across international borders * analyses how offenders can be removed from the register * explores how other countries in the UK manage sex offenders through registers * asks questions about the efficacy of the register and what contribution it makes to public protection * looks at specific aspects of registration including the management of information * delves into the experience of life on the register * examines the influence of public opinion * discusses the role of the police as custodians of the register and as offender managers. Exploring the different pressures brought to bear on the register, this book provides an authoritative starting point for police officers, social workers, probation officers, magistrates, students of Criminology, Criminal Justice and Policing, and the general reader wanting to understand where the UK sex offender register originated from and how it operates today.

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.

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 book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government's wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary's recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.

* Provides a balance of academic and professional perspectives;

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.

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 book discusses privatization of law enforcement in relation to suspected corporate crime and recommends guidelines for successful fraud examinations. There is a growing business for global auditing and local law firms to conduct internal investigations at client organizations when there is suspicion of white-collar misconduct and crime. This book reflects on the work by these private fraud examiners in terms of an evaluation of their investigation reports. The book brings an original theoretical and methodological approach to investigations of white-collar crime. It develops the theory of convenience as an explanation for motive, opportunity, and willingness to commit and conceal white-collar crime. This theory is then related to the case studies. Structured in such a way as to allow the reader to use the text as a nonsequential reference source or guide to a set of connected issues, the book illustrates the practice of privatization by cases and presents guidelines for successful fraud examination. As an investigation can lead to conviction and incarceration, this privatization of crime investigation feeds into the larger issue of privatization of policing. The work will be a valuable resource for students, academics, and practitioners working in the areas of Criminal Justice, Corporate Law, and Business.

This groundbreaking edited volume evaluates prisoner reentry using a critical approach to demonstrate how the many issues surrounding reentry do not merely intersect but are in fact reinforcing and interdependent. The number of former incarcerated persons with a felony conviction living in the United States has grown significantly in the last decade, reaching into the millions. When men and women are released from prison, their journey encompasses a range of challenges that are unique to each individual, including physical and mental illnesses, substance abuse, gender identity, complicated family dynamics, the denial of rights, and the inability to voice their experiences about returning home. Although scholars focus on the obstacles former prisoners encounter and how to reduce recidivism rates, the main challenge of prisoner reentry is how multiple interdependent issues overlap in complex ways. By examining prisoner reentry from various critical perspectives, this volume depicts how the carceral continuum, from incarceration to reentry, negatively impacts individuals, families, and communities; how the criminal justice system extends different forms of social control that break social networks; and how the shifting nature of prisoner reentry has created new and complicated obstacles to those affected by the criminal justice system. This volume explores these realities with respect to a range of social, community, political, and policy issues that former incarcerated persons must navigate to successfully reenter society. A springboard for future critical research and policy discussions, this book will be of interest to U.S. and international researchers and practitioners interested in the topic of prisoner reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, criminal justice policies, and reentry.

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.

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.

Criminality has accompanied social life from the outset. It has appeared at every stage of the development of every community, regardless of organisation, form of government or period in history. This work presents the views of criminologists from Central Europe on the phenomenon of criminality as a component of social and political reality. Despite the far advanced homogenisation of culture and the coming together of the countries that make up the European Union, criminality is not easily captured by statistics and simple comparisons. There can be huge variation not only on crime reporting systems and information on convicts but also on definitions of the same crimes and their formulations in the criminal codes of the individual European countries. This book fills a gap in the English-language criminological literature on the causes and determinants of criminality in Central Europe. Poland, as the largest country in the region, whose political post-war path has been similar to the other countries in this part of Europe, is subject to an exhaustive and original look at criminality as part of the political and social reality. The authors offer a contribution to the debate in the social and criminal policy of the state over the problems of criminality and how to control it.

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.

Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

This book 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.

There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.

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 analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the 'construction' of profiles on the one hand, from their 'application,' on the other, so as to be able to identify and examine profiling's usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.

* 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 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.

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.

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 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.