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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book describes the state of the lay participation system in criminal justice, saiban-in seido, in Japanese society. Starting with descriptions of the outlines of lay participation in the Japanese criminal justice system, the book deals with the questions of what the lay participants think about the system after their participation, how the general public evaluate the system, whether the introduction of lay participation has promoted trust in the justice system in Japan, and the foci of Japanese society's interest in the lay participation system. To answer these questions, the author utilizes data obtained from social surveys of actual participants and of the general public. The book also explores the results of quantitative text analyses of newspaper articles. With those data, the author describes how Japanese society evaluates the implementation of the system and discusses whether the system promotes democratic values in Japan.
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 important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
Originally published: London: Printed for W. Clarke and Sons, 1817. xii], 244, 21] pp. Reprint of the last and best edition with Butler and Hargrave's notes, and with mistakes corrected from the 1681 folio edition. "Coke's Third Institutes gives us a Treatise of great learning, and not unworthy the hand that produced it; ... Having run over all criminal matters, and their legal punishments, he concludes with the nature of pardons and restitutions; showing how far, in each of these, our Kings can process alone, and where they want the assistance and joint power of the Parliaments." --J. G. Marvin, Legal Bibliography (1847) 208.
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.
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.
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 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.
This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural 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.
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.
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.
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.
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.
This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan's contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.
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 Criminal Finances Act 2017 introduced the most radical change to tackling money laundering and corruption, recovering the proceeds of crime and counter terrorist financing, since the Proceeds of Crime Act was passed in 2002. This book will provide an excellent commentary on the changes introduced by the Act, with practical insights and an explanation of the Act's provisions. Topics included are: money laundering; unexplained wealth orders; terrorist property; tax evasion; and reasonable prevention procedures. Authored by Jonathan Fisher QC and Anita Clifford, barristers specializing in proceeds of crime and financial crime cases, this book will be of great interest and importance to all legal professionals working in the financial sector.
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.
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.
Social Bridges and Contexts in Criminology and Sociology brings together leading scholars to commemorate the illustrious career and enduring contributions of Professor James F. Short, Jr., to the social sciences. Although Professor Short is best known as a gang scholar, he was a bridging figure who advanced the study of human behavior across multiple domains. Individual chapters document Professor Short's intellectual development and highlight the significance of his theoretical and empirical work in a range of specialty areas, including suicide and homicide, criminological theory, field and self-report survey research methodologies, white-collar crime, hazards and risks, levels of explanation, microsocial group processes, and the etiology of gang violence and delinquency. A special feature of this book is the collection of brief personal reflection essays appearing after the main chapters. Authored by Professor Short's students, colleagues, collaborators, and friends, these essays provide powerful testimonials of the influence of his intellectual legacy as well as his generous spirit and commitment to mentorship. Written in a clear and direct style, this book will appeal to students and scholars of criminology and sociology, and all those interested in the important contributions of Professor James F. Short, Jr., to these subject areas.
Family Activism in the Aftermath of Fatal Violence explores how family and family activism work at the intersection of personal and public troubles and considers what influence family testimonies of fatal violence can have on matters of crime, justice, and punishment. The problem of fatal violence represents one end of a long continuum of violence that marks society, the effects of which endure in families and friends connected through ties of kinship, identity and social bonds. The aftermath of fatal violence can therefore be an intensely personal encounter which confronts families with disorder and uncertainty. Nevertheless, bereaved families are often found at the forefront of efforts to expose injustice, rouse public consciousness, and drive forward social change that seeks to prevent violence from happening again. This book draws upon ethnographic research with those bereaved by gun violence who became involved in family activism in the context of fatal violence: namely, the attempts by bereaved families to manage their experiences of violent death through public expressions of grief and become proxies for wider debates on social injustice. This is an ever more pressing issue in a landscape which increasingly sees the delegation of responsibility to families and communities that are left to deal with the aftermath of violence. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, cultural studies, and all those interested in learning more about the after-effects of fatal violence.
This edited collection brings together leading academics, researchers, and police personnel to provide a comprehensive body of literature that informs Australian police education, training, research, policy, and practice. There is a strong history and growth in police education, both in Australia and globally. Recognising and reflecting on the Australian and New Zealand Policing Advisory Agency (ANZPAA) education and training framework, the range of chapters within the book address a range of 21st-century issues modern police forces face. This book discusses four key themes: Education, training, and professional practice: topics include police education, ethics, wellbeing, and leadership Organisational approaches and techniques: topics include police discretion, use of force, investigative interviewing, and forensic science Operational practices and procedures: topics include police and the media, emergency management, cybercrime, terrorism, and community management Working with individuals and groups: topics include mental health, Indigenous communities, young people, hate crime, domestic violence, and working with victims Australian Policing: Critical Issues in 21st Century Police Practice draws together theoretical and practice debates to ensure this book will be of interest to those who want to join the police, those who are currently training to become a police officer, and those who are currently serving. This book is essential reading for all students, scholars, and researchers engaged with policing and the criminal justice sector.
This edited collection brings together leading academics, researchers, and police personnel to provide a comprehensive body of literature that informs Australian police education, training, research, policy, and practice. There is a strong history and growth in police education, both in Australia and globally. Recognising and reflecting on the Australian and New Zealand Policing Advisory Agency (ANZPAA) education and training framework, the range of chapters within the book address a range of 21st-century issues modern police forces face. This book discusses four key themes: Education, training, and professional practice: topics include police education, ethics, wellbeing, and leadership Organisational approaches and techniques: topics include police discretion, use of force, investigative interviewing, and forensic science Operational practices and procedures: topics include police and the media, emergency management, cybercrime, terrorism, and community management Working with individuals and groups: topics include mental health, Indigenous communities, young people, hate crime, domestic violence, and working with victims Australian Policing: Critical Issues in 21st Century Police Practice draws together theoretical and practice debates to ensure this book will be of interest to those who want to join the police, those who are currently training to become a police officer, and those who are currently serving. This book is essential reading for all students, scholars, and researchers engaged with policing and the criminal justice sector.
Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide. |
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