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.

Prisons are dangerous places, and assaults, threats, theft and verbal abuse are pervasive - attributable both to the characteristics of the captive population and to an institutional sub culture which promotes violence as a means of resolving conflicts. Yet the crimes perpetrated by prisoners on other prisoners have attracted little interest, and criminological research has contributed little to an understanding of situations in which violence arises in penal institutions. This book seeks to remedy this, and to address and answer a number of key questions: how do features of the prison social setting shape conflicts?; what social norms guide the decision to use violence?; what are the personal and social consequences of spending months or years in places where distrust and anxiety are normal?; how do staff respond to the dangers that are part of daily life in many prisons?; is it possible to identify factors associated with risk and resilience?; and what methods of handling conflicts do prisoners use that could prevent violence? Prison Violence adopts a distinctive approach to answering these questions, and is based on extensive research, including interviews with both victims and perpetrators of prison violence; it pioneers a conflict-centred approach, seeking to understand the pathways into and out of situations where there is potential for violence, focusing on interpersonal and institutional dynamics rather than on individual psychological factors.

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 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.

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.

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.

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.

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 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.

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 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.

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.

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.

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 discusses private policing conducted by fraud examiners and financial crime specialists when there is suspicion of white-collar crime. The theory of convenience applies to the suspected crime, while the maturity model applies to the conducted investigation. Private policing of economic crime by fraud examiners in internal investigations is a topic of increasing concern as there is a growing business for law firms and auditing firms to conduct inquiries and reviews when there is suspicion of misconduct, wrongdoing, and crime by white-collar offenders. The key features of this book are the application of a structural model for convenience theory and the application of a maturity model for fraud examinations. The structural model assesses convenience themes for motive, opportunity, and willingness in each case study, while the maturity model assesses the level of private policing maturity in fraud examinations. For the first time, two emerging frameworks to study white-collar offenses and private policing maturity are introduced and applied to a number of cases from Denmark, Iceland, Moldova, the Netherlands, Norway, Sweden, and Switzerland. This book will be essential to those studying law, business, and criminology, as well as practicing fraud examiners.

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.

The second volume of Select Legal Topics updates, analyses, and covers current developments in such areas of criminal law, criminal procedure, state civil procedure, civil rights matters, constitutional issues, and significant recent Supreme Court decisions. Select Legal Topics also covers issues of mental disease or defects in the case of a criminal client and considers the rules in the criminal procedure law concerning motions to set aside the verdict as well as post-conviction motions. Section one analyzes mainly criminal law issues. Section two considers civil rights issues. Included in this section are such issues as the First Amendment, state action, and other more specific and exact issues in this area. Section three of the book considers various procedural issues. The book also includes a comprehensive index and table of cases. This book, to some extent, is general in character but also hones in and analyses certain legal developments in significant United States Supreme Court decisions. It will be of great benefit both to lawyers, law students, law faculty, university professors, and judges at the federal and state level.

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.

Die Beitrage in diesem Sammelband befassen sich mit den rechtlichen Rahmenbedingungen fur Wettbewerb und Markt in China und Europa. Dies umfasst die gesellschafts-, arbeits- und wettbewerbs- bzw. kartellrechtlichen Bedingungen, das Wirtschaftsstrafrecht sowie die Ausgestaltung des Rechts des geistigen Eigentums sowie des Verbraucherschutzes. In- und auslandische Marktteilnehmer mussen sich dabei nicht nur auf stabile rechtliche Verhaltnisse verlassen koennen, sondern haben groesstes Interesse an einem funktionierenden und verlasslichen Gerichtssystem bzw. aussergerichtlichen Mechanismen der Konflikt- und Streitbeilegung. Die Beitrage analysieren Unterschiede und Entwicklungstendenzen in rechtsvergleichender Perspektive.

The value of the canine nose is well-documented, and working dogs are being utilized for their olfactory skills in an increasing number of fields. Not only are dogs used by police, security, and the military, but they are also now used in forensic science, in medical detection of disease, in calculating population trends of endangered species and eradicating invasive species in protected environments, and in identifying infestations and chemical contaminants. Edited and contributed to by eminent scholars, Canine Olfaction Science and Law: Advances in Forensic Science, Medicine, Conservation, and Environmental Remediation takes a systematic scientific approach to canine olfaction. It includes work from scientists working in pure and applied disciplines, trainers and handlers who have trained and deployed detection dogs, and lawyers who have evaluated evidence produced with the aid of detection and scent identification dogs. The book is divided into six sections covering The anatomy, genetics, neurology, and evolution of canine olfaction as well as diseases affecting it The chemistry and aerodynamics of odors Behavior, learning, and training Uses of canine olfaction in forensics and law Uses in conservation and remediation Uses in detection of diseases and medical conditions The various contributors describe cutting edge research, some conclusions of which are the subject of vigorous debates between various laboratories and researchers. The editors have added cross-references so that readers can consider the different perspectives that are currently being advanced and understand where consensus is being built and where more research needs to be done. A useful practical reference, Canine Olfaction Science and Law provides a wealth of information beneficial to a wide range of disciplines. It aids trainers and handlers of detection dogs as well as various professionals in healthcare, law enforcement, forensic science, and environmental conservation to gain a better understanding of the remarkable power of the canine nose while encouraging further advances in applications.

How has rapid economic modernization in China and India impacted upon policing? To what extent are the two police forces trusted by its citizens? Do the police carry out their duties in a fair and unbiased fashion? What does police corruption look like and why does it persist? And what are the influencing factors in decision-making at the moments-of-truth? Filling the lacuna of research into the police in China and India, this book offers a unique comparative study of the prevalence, nature and organization of police corruption in these countries. This book provides key insights into the relationships between rapid economic modernisation, urbanisation and crime, and its effects on police organisational culture and behaviour as well as on ethical decision making. Moreover, this book performs an audit on which country is better placed to tackle corruption and professionalise their police service. It offers a major contribution to comparative research on criminal justice. It is essential reading for all policing scholars and will be of interest to students of criminology, social and political sciences, development studies, Asian studies, and post-colonial studies.

Originally published in 1991, The Case for the Prosecution examines the entire process of arrest through to conviction.