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Books > Law > Laws of other jurisdictions & general law > Criminal law
The integrity of tax systems as we know them are being challenged throughout the world. Tax avoidance schemes of various kinds are proving increasingly attractive and lucrative to wealthy individuals and large corporations. As governments fear the erosion of their tax base among those who are most able to contribute, the public is looking on, as one of its most public institutions attempts to re-invent itself through changing laws and administrative procedures. In this book, a number of experts develop the idea of responsive regulation in relation to taxation. They demonstrate how law in this area is undermining social norms and social norms are undermining law. A key factor in their analysis is the perception of justice. Explanations as to why the integrity of tax systems is under siege, and possible solutions, are examined.
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.
Good police officers are often promoted to supervisory positions with little or none of the training it takes to be a good manager. An understanding of group behaviors and organizational dynamics is necessary to grasp the fundamentals of managing police officers. The Effective Police Supervision Study Guide coordinates with the core text used in many college-level classes and police departments to teach supervisory practices in criminal justice. This study guide prepares both students and professionals for academic or promotional exams, offering them an opportunity to fully review the material so that they are well-prepared for testing. This new edition, like the new edition of the textbook it accompanies, includes information on the following topics: police accountability, police involvement with news media, the challenges of dealing with social media, updates on legal considerations, and ways to respond to current issues facing law enforcement with COVID-19 and managing protests.
Originally published in 1991, The Case for the Prosecution examines the entire process of arrest through to conviction.
Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.
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.
The establishment of 'new police' forces in early Victorian England has long attracted historical enquiry and debate, albeit with a general focus on London and the urban-industrial communities of the Midlands and the North. This original study contributes to the debate by examining the nature and process of police reform, the changing relationship between the police and the public, and their impact on crime in Cambridge, a medium-sized county town with a rural hinterland. It argues that the experience of Cambridge was unique, for the Corporation shared co-jurisdiction of policing arrangements with the University, and this fractious relationship, as well as political rivalries between Liberals and Tories, impeded the reform process, although the force was certified efficient in 1856. Case studies of the careers of individual policemen and of the crimes and criminals they encountered shed additional light on the darker side of life in early Victorian Cambridge and present a different and more nuanced picture of provincial police reform during a seminal period in police history than either the traditional Whig or early revisionist Marxist interpretations implied. As such, it will support undergraduate courses in local, social, and criminal justice history during the Victorian period.
The way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America's distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both "high" and "popular" culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.
This book is intended for those in the humanities seeking a legal context for writing about rape in early modern England. It takes the premise that over the past four decades misunderstandings about rape law, and misreadings of rape statutes from medieval to Elizabethan times, have become widely cited in criticism. Helen Barker identifies how this has arisen, and discusses the main sources of confusion - including indissoluble issues around the word 'ravishment'. Rape law historically encompassed elopement and abduction; this book offers a succinct overview of the law, and draws attention to the wider social context other than gender opposition in which it is often presented. In addition, critics have been tempted to rely on the ostensibly authoritative seventeenth-century treatise, The Lawes Resolutions of Womens Rights, as a legal source. By examining the context of its publication, this book suggests that the treatise is unreliable and can mislead the unwary.
The fourth edition of Criminology: The Basics has been fully revised and updated to offer an engaging and concise introduction to the main themes and concerns of this compelling and complex subject and gives an overview of the main theoretical and conceptual approaches to crime and justice. Topics covered include:
This book reflects multidisciplinary and cross-jurisdictional analysis of issues surrounding Fetal Alcohol Spectrum Disorders (FASD) and the criminal justice system, and the impact on Aboriginal children, young people, and their families. This book provides the first comprehensive and multidisciplinary account of FASD and its implications for the criminal justice system - from prevalence and diagnosis to sentencing and culturally secure training for custodial officers. Situated within a 'decolonising' approach, the authors explore the potential for increased diversion into Aboriginal community-managed, on-country programmes, enabled through innovation at the point of first contact with the police, and non-adversarial, needs-focussed courts. Bringing together advanced thinking in criminology, Aboriginal justice issues, law, paediatrics, social work, and Indigenous mental health and well-being, the book is grounded in research undertaken in Australia, Canada, and New Zealand. The authors argue for the radical recalibration of both theory and practice around diversion, intervention, and the role of courts to significantly lower rates of incarceration; that Aboriginal communities and families are best placed to construct the social and cultural scaffolding around vulnerable youth that could prevent damaging contact with the mainstream justice system; and that early diagnosis and assessment of FASD may make a crucial difference to the life chances of Aboriginal youth and their families. Exploring how, far from providing solutions to FASD, the mainstream criminal justice system increases the likelihood of adverse outcomes for children with FASD and their families, this innovative book will be of great value to researchers and students worldwide interested in criminal and social justice, criminology, youth justice, social work, and education.
This book explores prisoners' experiences of prison education and investigates whether participation in prison education contributes to an offender's ability to desist from crime and increases social capital levels. While the link between prison education and reduced rates of recidivism is well established through research, far less is known about the relationship between prison education and desistance. The book demonstrates how prisoners experience many benefits from participating in prison education, including increased confidence, self-control and agency, along with various other cognitive changes. In addition, the book examines prisoners' accounts that provide evidence of strong connections between prison education and the formation of pro-social bonds which have been shown to play a role in the desistance process. It also highlights the links between prison education and social capital, and the existence of a form of prison-based social capital arising from the prison culture. Written in a clear and direct style, this book will appeal to those engaged in criminology, sociology, penology, desistance, rehabilitation, the sociology of education and all those interested in learning more about the positive impact of prison education on prisoners.
The Criminalisation and Exploitation of Children in Care explores the results of a recent qualitative study, which focused on multi-agency responses to children and young people in residential and foster care who were at risk of criminalisation and/or exploitation and abuse. Recent high-profile reports have highlighted an urgent need for effective multi-agency work to tackle the issues of criminalisation and exploitation of children and young people in care. However, progress to date has been slow, and it is clear that there is still some way to go before effective multi-agency working becomes widespread. In response, this book draws upon the experiences and perspectives of practitioners from a sample of co-located Multi-Agency Safeguarding Hubs, as well as the latest research, theory and policy developments in the field. In doing so, it explores both the benefits and challenges of multi-agency working and concludes with recommendations for future policy and practice. This timely study will be of great interest to students and scholars of criminology, criminal justice, policing studies, social work, health and childhood studies. It will also be a valuable tool for practitioners and policymakers in the criminal, youth justice and social service arenas.
Effective Police Supervision, 9th ed., is a time-tested text providing complete coverage of the organizational dynamics surrounding leadership of teams in an effective police department. This revised edition provides readers with the tools to excel and advance with up-to-date and timely scholarly research and legal case law on supervision. Special attention is given to recruitment, selection, and retention of police, commonly believed to be the most challenging internal issue facing agencies today. Supervisory tactics are evaluated in terms of how they work not only in the United States but in the United Kingdom and Canada as well, and chapters are enhanced with boxed features that help the reader connect ideas with realistic situations. Combining behavioral theory and updated case studies, Effective Police Supervision is the preferred textbook for college-level classes on police supervision and is an essential resource for preparation for promotional exams and career development for law enforcement officers and supervisors. Information has been included to respond to current issues facing law enforcement with Covid-19 and managing protests.
Criminal Justice and Criminology Research Methods, Third Edition, is an accessible and engaging text that offers balanced coverage of a full range of contemporary research methods. Filled with gritty criminal justice and criminology examples including policing, corrections, evaluation research, forensics, feminist studies, juvenile justice, crime theory, and criminal justice theory, this new edition demonstrates how research is relevant to the field and what tools are needed to actually conduct that research. Kraska, Brent, and Neuman write in a pedagogically friendly style yet without sacrificing rigor, offering balanced coverage of qualitative, quantitative, and mixed methods. With its exploration of the thinking behind science and its cutting-edge content, the text goes beyond the nuts and bolts to teach students how to competently critique as well as create research-based knowledge. This book is suitable for undergraduate and early graduate students in US and global Criminology, Criminal Justice, and Justice Studies programs, as well as for senior scholars concerned with incorporating the latest mixed-methods approaches into their research.
This book delves into this almost unchartered territory, documenting the lived experiences of sex workers in Bangladesh, considering the complex realities of their day-to-day lives and the ways they negotiate their working conditions and relationships. Despite being the most common form of female deviance and criminality globally, we know very little about sex work in Asia and the global south. Drawing on feminist frameworks, it shows that the experiences of sex workers vary widely depending on the ways they enter the sex trade, their modes of operation, and relationships with significant others. Towards a Southern Approach to Sex Work contributes to feminist scholarship on sex work, by offering a much needed southern perspective, drawing on culturally specific data. It argues that the lived experience of sex workers comprises both victimhood and agency, deception and resilience, and that it is the management of these relationships that enable sex works to avoid social marginalization and alienation. An accessible and compelling read, this will appeal to students and scholars of criminology, sociology, gender studies, south Asian studies, cultural studies, social theory and policy makers. In addition, it will engage all those interested in learning more about how the sex trade operates in Bangladesh.
This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.
This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.
This interdisciplinary book analyzes the nature of child justice administration in Africa, particularly focusing on Nigeria and South Africa. The author uses a comparative approach in analyzing the legal regime and practice of child justice administration in Africa by recommending South Africa as inspiration for Nigeria since the justice sector in South Africa is significantly more developed. It further investigates various problems and challenges associated with children in the criminal justice system in Africa, thereby contributing to the cross-fertilization and collaboration among African nations that contributes to the development of the continent as a whole. The monograph shows that children are not only neglected by academics and practitioners but also that there is no access to scholarly materials in this area of law in Africa. This work contributes to knowledge in the area of law and methodology on the issue of child justice administration, development studies, political science, and African studies.
Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public's need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.
The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.
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.
Volume I of The Official History of Criminal Justice in England and Wales frames what was known about crime and criminal justice in the 1960s, before describing the liberalising legislation of the decade. Commissioned by the Cabinet Office and using interviews, British Government records, and papers housed in private, and institutional collections, this is the first of a collaboratively written series of official histories that analyse the evolution of criminal justice between 1959 and 1997. It opens with an account of the inception of the series, before describing what was known about crime and criminal justice at the time. It then outlines the genesis of three key criminal justice Acts that not only redefined the relations between the State and citizen, but also shaped what some believed to be the spirit of the age: the abolition of capital punishment, and the reform of the laws on abortion, and homosexuality. The Acts were taken to be so contentious morally and politically that Governments of different stripes were hesitant about promoting them formally. The onus was instead passed to backbenchers, who were supported by interlocking groups of reformers, with a pooled knowledge about how to effectively organise a rhetoric that drew on the language of utilitarianism, and the clarity and authority of a Church of England. This came to play an increasingly consequential and largely unacknowledged part in resolving what were often confusing moral questions. This book will be of much interest to students of criminology and British history, politics and law. |
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