This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties.Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner.Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only.

This volume of the series was designed to provide a comprehensive primer on the existing best practices and emerging developments in the study and design research on crime and criminology. The work as a whole includes chapters on the measurement of criminal typologies, the offenders, offending and victimization, criminal justice organizations, and specialized measurement techniques. Each chapter is written by experts in the field and they provide an excellent survey of the literature in the relevant area. More importantly, each chapter provides a description of the various methodological and substantive challenges presented in conducting research on these issues and denotes possible solutions to these dilemmas. An emphasis was placed on research that has been conducted outside of the United States and was designed to give the reader a broader more global understanding of the social context of research. The goal of this volume is to provide a definitive reference for professionals in the field, researchers, and students. This volume in the Handbooks in Criminology and Criminal Justice series identifies the principal topical areas of research in this field and summarizes the various methodological and substantive challenges presented in conducting research on these issues. In each chapter, authors provide a summary of the prominent data collection efforts in the topical area, provide an overview of the current methodological work, discuss the challenges in the measurement of central concepts in the subject area, and identify new horizons emerging in data collection and measurement. We encouraged authors to discuss work conducted in an international context and to incorporate discussion of qualitative methodologies when appropriate.

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 explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

Recalibrating Juvenile Detention chronicles the lessons learned from the 2007 to 2015 landmark US District Court-ordered reform of the Cook County Juvenile Temporary Detention Center (JTDC) in Illinois, following years of litigation by the ACLU about egregious and unconstitutional conditions of confinement. In addition to explaining the implications of the Court's actions, the book includes an analysis of a major evaluation research report by the University of Chicago Crime Lab and explains for scholars, practitioners, administrators, policymakers, and advocates how and why this particular reform of conditions achieved successful outcomes when others failed. Maintaining that the Chicago Crime Lab findings are the "gold standard" evidence-based research (EBR) in pretrial detention, Roush holds that the observed "firsts" for juvenile detention may perhaps have the power to transform all custody practices. He shows that the findings validate a new model of institutional reform based on cognitive-behavioral programming (CBT), reveal statistically significant reductions in in-custody violence and recidivism, and demonstrate that at least one variation of short-term secure custody can influence positively certain life outcomes for Chicago's highest-risk and most disadvantaged youth. With the Quarterly Journal of Economics imprimatur and endorsement by the President's Council of Economic Advisors, the book is a reverse engineering of these once-in-a-lifetime events (recidivism reduction and EBR in pretrial detention) that explains the important and transformative implications for the future of juvenile justice practice. The book is essential reading for graduate students in juvenile justice, criminology, and corrections, as well as practitioners, judges, and policymakers.

This book covers Munchausen and Munchausen by Proxy (MBP) though the terms have recently changed. The 2013 DSM-V-the update to the American Psychiatric Association's (APA) diagnostic and classification tool-has classified both Munchausen and MBP as "Factitious Systematic Abuse." While thought to have occurred primarily with children and their caregivers, recent research shows a more widespread problem: such medical abuse to spouses, the disabled, the elderly-even pets. Many involve repeat and long-term instances of hospital and medical fraud. This book covers the syndrome itself, interviewing and investigative aspects, victimology, as well indicators in the event of homicide and death.

"Evidence management has become a crucial component for the law enforcement community. I truly believe this book is essential in assisting criminal investigators and a valuable resource for managing evidence."-Jeremiah Sullivan, Chairman, Board of Directors, Texas Division of the International Association for Identification; Senior Crime Scene Specialist (Retired). Austin Police Department As technology and technical applications continue to advance in the forensic sciences, the undertakings at crime scenes have become even more critical. Crime scene investigators must ensure that evidence is properly collected, document, packaged, and stored in a manner that maximizes the ability of laboratories to derive meaning and results from the evidence provided them. Forensic Evidence Management: From the Crime Scene to the Courtroom provides best practices policies for forensic science entities and their employees to maintain chain of custody and evidence integrity throughout the course of evidence collection, storage, preservation, and processing. The focus of the book will be to address the issues related with evidence handling and analysis inside the forensic laboratory, in particular, and to offer best practices and guidelines from leading forensic experts in the field. Forms of evidence covered include biological, chemical, trace, firearm, toolmark, fingerprint, and a host of others types recovered at crime scenes. The book concludes with a chapter on ethics, bias, and ethical practices in evidence handling in the field and laboratory analysis. Test Bank and PowerPointTM slides are available for download from the Taylor & Francis ancillary Web site for qualifying course adopters.

The book uses critical sociolinguistic analysis to examine the social consequences of courtroom talk. The focus of the study is the cross-examination of three Australian Aboriginal boys who were prosecution witnesses in the case of six police officers charged with their abduction. The analysis reveals how the language mechanisms allowed by courtroom rules of evidence serve to legitimize neocolonial control over Indigenous people. In the propositions and assertions made in cross-examination, and their adoption by judicial decision-makers, the three boys were constructed not as victims of police abuse, but rather in terms of difference, deviance and delinquency. This identity work addresses fundamental issues concerning what it means to be an Aboriginal young person, as well as constraints about how to perform or live this identity, and the rights to which Aboriginal people can lay claim, while legitimizing police control over their freedom of movement. Understanding this courtroom talk requires analysis of the sociopolitical and historical actions and structures within which the courtroom hearing was embedded. Through this analysis, the interrelatedness of structure, agency, constraint and change, which is central to critical sociolinguistics, becomes apparent. In its investigation of language ideologies that underpin courtroom talk, as well as the details of how language is used, and the social consequences of this talk, the book highlights the need for far-reaching changes to courtroom rules of evidence.

This volume brings together many of the world's leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson's libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson's theory, and in Part II, six contributors discuss Hodgson's libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume's importance lies not only in examining Hodgson's distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.

Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens' rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.

In order to understand the political structure and stability in the Islamic Republic of Iran, the nature of the Islamic judicial system in the country must be analysed. This book undertakes this responsibility and is the first comprehensive study of structurally deep-rooted corruption in the Islamic judiciary system. The findings of this research show that corruption in the judiciary is widespread in breadth and depth. This corruption has infiltrated every sector of the Islamic regime to the point where it impacts the day-to-day routine of the Iranian people. Without a doubt, the influence of the Supreme Leader on the judiciary is the most prominent factor in the formation of judicial corruption and its epidemical spread to other parts of the government. This judicial corruption has calamitous consequences on Iranian society and has endangered society's security. It has infringed on human rights, caused a dwindling economy, devalued the rule of law, and delayed social progress in the country. This book will be of interest to students of legal studies, political science, Islamic studies, sociology, or religious studies. The book also provides precious insights for journalists, civil service employees, decision-makers, and all of those who are interested in discovering the reason for brutality in the Islamic judiciary. The book also provides useful information for the learned societies and research centres that are concentrated on Iranian studies, criminology, good governance, rule of law, and criminal justice systems.

This volume is a collection of interviews with policing leaders that explores their understanding of policing developments and current challenges in their own countries and internationally, and examines how they evaluate or interpret these developments. The book is based on the premise that police officials have a wealth of experience that can make significant contributions to our understanding of the prospects and problems of policing today. In this book, ten police leaders from the continents of North America, Asia, Australasia, Africa, and Europe offer their combined experiences in policing. The interviews, conducted by experienced policing academics, capture how these officers personally, as well as through their organizations, have confronted many waves of change - political, social, and institutional. Interviews examine each professional's assessment of their career path; changes experienced during their career; their personal policing philosophy; problems and successes experienced in leadership; their views on the contribution of theory to practice; their experience of transnational relations; their understanding of nature of democratic policing; and their assessment of how policing will change in the future. As police and policing across the world face a turning point, this book offers ideas and best practices from the front lines on ways to respond with vigor, creativity, and sensitivity to the challenges of repositioning police in the twenty-first century.

THE INSTANT NEW YORK TIMES BESTSELLER A REESE'S BOOK CLUB PICK - SOON TO BE A MAJOR NETFLIX PRODUCTION 'You'll devour Northern Spy . . . I loved this thrill ride of a book' Reese Witherspoon 'A sharp, moving thriller: you lose your breath for adrenalin' Abigail Dean, author of Girl A 'A chilling, gorgeously written tale' New York Times 'Nerve-shredding suspense' Daily Mail 'Thrillingly good... Flynn Berry shows a le Carre-like flair for making you wonder what's really going on at any given moment' Washington Post A producer at the Belfast bureau of the BBC, Tessa is at work one day when the news of another IRA raid comes on the air: as the anchor requests the public's help in locating those responsible for this latest attack - a robbery at a gas station - Tessa's sister Marian appears on the screen, pulling a black mask over her face. The police believe Marian has joined the IRA, but Tessa knows this is impossible. But when the truth of what has happened to her sister reveals itself, Tessa will be forced to choose: between her ideals and her family. Praise for Flynn Berry 'Breathtaking . . . Berry writes thrillingly' New York Times 'Beautifully paced and satisfyingly ominous' Guardian 'Mesmerizingly effective' The Times 'A thrilling page-turner' Paula Hawkins, author of The Girl on the Train 'Berry's clever, thrilling writing wound me in and left me heartbroken' Fiona Barton, author of The Widow 'What a book! A skillful and compelling exploration of families, crime, and class' Clare Mackintosh, author of I Let You Go

The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and continued to climb for the next four decades-despite the substantial decline in the crime rate-the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, such as "it was the war on drugs" to "it was our harsh sentencing statutes." Those explanations have been shown to be inadequate. This book contends that we have overlooked a more powerful force in the rise of our incarceration rate-the long line of Supreme Court decisions, starting in the Warren Court era, that made the criminal justice system so complicated and expensive that it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant, as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentence, if convicted. The prospect of a trial, once an important restraint on prosecutors in charging, has disappeared and plea-bargaining rules. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system.

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.

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.

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 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 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.

With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.

Rape law reform has long been hailed as one of the most successful projects of second-wave feminism. Yet forty years after the anti-rape movement emerged, legal and medical institutions continue to resist implementing reforms intended to provide more just and compassionate legal and medical responses to victims of sexual violence. In Up Against a Wall, Rose Corrigan draws on interviews with over 150 local rape care advocates in communities across the United States to explore how and why mainstream systems continue to resist feminist reforms. In a series of richly detailed case studies, the book weaves together scholarship on law and social movements, feminist theory, policy formation and implementation, and criminal justice to show how the innovative legal strategies employed by anti-rape advocates actually undermined some of their central claims. But even as its more radical elements were thwarted, pieces of the rape law reform project were seized upon by conservative policy-makers and used to justify new initiatives that often prioritize the interests and rights of criminal justice actors or medical providers over the needs of victims.

Following the much publicised Mark Kennedy case, the question of the necessity and proportionality of covert police operations has been widely debated. At the same time, the use of covert tactics is becoming more widespread and is a feature of routine as well as more serious cases. It is a fast changing area of law which is notoriously opaque and esoteric. This new edition of Covert Policing: Law and Practice provides clear, up to date guidance on this complex topic and is an essential resource for practitioners working on cases involving covert operations. This book provides a comprehensive review of the law governing covert policing activities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to critically consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity. The text places considerable emphasis on the need for a proper methodology of approach to the Regulation of Investigatory Powers Act 2000 and other legislation affecting this area. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources. It examines the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes and covers recent developments arising from the Protection of Freedoms Act, Data Retention and Investigatory Powers Act, secret hearings, the Mark Kennedy case and revelations concerning mass interception. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working for the police and other public authorities authorised under the Regulation of Investigatory Powers Act 2000 to carry out surveillance and other covert activities.

This book explores femicide, and scrutinizes the three key American criminal doctrines usually applied in its cases: provocation; the felony murder rule; self-defence. The book also explores the influence of the American Model Penal Code, and proposes, connected to the various criminal doctrines applicable to femicide, a focused and detailed amendment to the Code containing unique features and a formula providing a socio-legal response to issues that the author believes have not yet been adequately addressed. Though primarily focused on femicide in America, the issues discussed are of global relevance due to the tragically widespread nature of femicide, and the book also makes significant contributions to the legal discourse of many other countries with similar legal structures.

The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta's approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.