This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade.

This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.

Contributing to debates on feminism, this book considers the impact made by feminists in India from the 1970s. Geetanjali Gangoli analyses feminist campaigns on issues of violence and women's rights, and debates on ways in which feminist legal debates may be limiting for women and based on exclusionary concepts such as citizenship. She addresses campaigns ranging from domestic violence, rape, pornography and son preference and sets them within a wider analysis of the position of women within the Indian state. The strengths and limitations of law reform for women are addressed as well as whether legal feminisms relating to law and women's legal rights are effective in the Indian context. The question of whether legal campaigns can make positive changes in women's lives or whether they further legitimize oppressive state patriarchies is considered. The recasting of caste and community identities is also assessed, as well as the rise of Hindu fundamentalism and the ways in which feminists in India have combated and confronted these challenges. Indian Feminisms will interest researchers and students in the areas of feminism, law, women's movements and social movements in India, and South Asia more generally.

Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoliation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers.

In this book Alana Barton explores the social control and disciplining of unruly and 'deviant' women from the early nineteenth century to the present day. Her particular focus is the 'semi penal' institution, a category that includes refuges, reformatories and homes. She suggests that these occupy a unique position within the social control 'continuum', somewhere between the formal regulation of the prison and the informal control of the 'community' or domestic sphere, but at the same time incorporating methods of discipline from both arenas. The book draws on Dr Barton's extensive fieldwork at one such institution, currently a women's bail and probation hostel, which opened as a reformatory in 1823. Barton begins by examining the ideological and social conditions underpinning the creation of this institution, deconstructing the dominant feminising discourses around domesticity, respectability, motherhood, sexuality and pathology that were mobilised to categorise and control its nineteenth-century residents. She goes on to discuss the contemporary experiences of women within the hostel and their strategies for coping with or resisting the disciplinary regimes and discourses imposed upon them. Her analysis reveals that many of the discourses used to characterise and discipline women in reformatories during the nineteenth century continue to be utilised for the same purpose in a probation hostel nearly two hundred years later. She also reveals that the distribution of power in institutions is not fixed, but can be subtly negotiated and redistributed. Concluding with an examination of current developments in community punishments for women, this book will make a significant contribution to the literature around alternatives to custody for female offenders by strongly challenging contemporary debates liberal, critical and feminist around 'appropriate' and relevant penal policy for women.

Research has shown that the majority of crimes are committed by persistent or serial offenders, with as little as seven percent of offenders accounting for approximately 60 percent of all crimes. By focusing police efforts on these prolific offenders and learning to identify, analyze, and resolve the crimes they commit, the law enforcement community can protect and defend the public much more effectively. Tactical Crime Analysis: Research and Investigation provides a comprehensive discussion on both the theoretical and practical aspects of crime series analysis, making it a critical resource for those engaged in crime prevention and investigation. Appropriate for all levels Written by a distinctive team of authors, each of whom combine academic credibility, police experience, and years of analytical success, this manual is designed for the novice, the working professional, and the veteran crime analyst. It provides an introduction to the realities of tactical crime analysis, assists current analysts in further developing their professional skills, and offers advanced insight for experts. Covering all aspects of serial crime investigation, the book explores: Major problems and issues within serial crime Offender spatial behavior Linkage analysis Investigative techniques Geographic profiling Next event forecasting Supplemental materials to enhance the text This multi-faceted resource includes an interview with a serial offender, case studies of solved serial crimes, and an accompanying website with supplemental material. An important addition to the reference shelf of analytical professionals, this resource provides a revealing glimpse into the machinations of the serial offender.

Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.

This book examines the structures that support the policing organisation internally and externally, including its partners within the criminal justice system. It has been written for students of policing, especially those undertaking qualifications under the new Police Education Qualifications Framework (PEQF), undergraduates who study the police as part of a criminology or criminal justice degree or similar, and those with a general interest in the police organisation in England and Wales. It includes chapters on: The historical context of police structure. Accountability, governance, and control in the police. Local, national, and international police structures. The partnership between the police and the criminal justice system. The future structure of policing. Throughout the chapters are 'important point boxes' which emphasise the key parts of each topic. At the end of each chapter are reflective questions, useful websites, and a further reading list, all of which reinforces students' knowledge and furthers their professional development. Written in clear and direct style, this book will appeal to students of policing, criminology, criminal justice, cultural studies, and law. It is essential reading for students taking a degree in Professional Policing.

Originally published in 2005. Uniting critical debates on globalization with those on regulation, this book provides an innovative account of the fate of safety regulation in the face of global pressures. The author addresses the key question of whether globalization is making safety standards better or worse. She analyzes the diverse strands of globalization that threaten safety standards and examines the measures that hold potential for beneficial change. Regulatory character, a theoretical model that captures local economic, political and cultural influence developed in the work, sheds light on how and why regulation and safety standards do or do not change in the face of a crisis. The theoretical work is grounded and illuminated by research on the Thai government's response to the Kader fire, set in the rapidly industrializing context of Southeast Asia. Theoretically rigorous and empirically rich, the book has critical contemporary social relevance. It demonstrates a diverse theoretical heritage (embracing Weber, Douglas and Christopher Hood amongst others) that critically and productively engages with research and policy making to raise safety standards.

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.

"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila.

Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantanamo Bay beg the question: has the "war on terror" forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States--two common-law based constitutional democracies--to theorize the relationship between law, violence, and state power in liberal democracies.

Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence--a constantly negotiated process--are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.

This book investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.

Myriad forms of communication occur within the criminal justice system as judges and attorneys speak to juries, law enforcement officers interact with the public, and the news media presents stories of events in courtrooms. Hindrances abound, however. Law enforcement officers and justice system personnel often encounter challenges that affect their ability to communicate with others, ranging from language barriers, to conflicting accounts of witnessed events, to errors caused by malfunctioning technology. Examining the relevancy of the U.S. Constitution to modern communications, The Foundations of Communication in Criminal Justice Systems demonstrates how information is conveyed from multiple perspectives in a range of scenarios, enabling readers to see how these matters relate to and affect the criminal justice system. Topics covered include: How to use the communications process within the justice system from the crafting of messages through the solicitation of feedback Effective methods for persuading individuals and audiences Federal regulations in the workplace and workplace communications tactics How law enforcement and public safety entities use marketing and advertising to influence the general public How to use multimedia resources when communicating Using multiple communications styles to support effective leadership The book concludes with discussions on innovations in communication technology, natural language processing, cybernetics, and other emerging concepts. With an emphasis on logical reasoning in communication, the book explores the perspectives of numerous players in the justice system, from patrol officers to attorneys. Supplemented by examples of written communication templates that can be adapted within a law enforcement organization, it provides readers with solid theoretical and applied approaches to the subject matter.

This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. From Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners' memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies, History, Law, Legal History and Literary Studies, to shed new light on execution culture in nineteenth century Britain. This volume will be of interest to students and academics in the fields of criminology, heritage and museum studies, history, law, legal history, medical humanities and socio-legal studies.

American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials-and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant's guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional "prosecution complex" that animates how district attorneys' offices treat potentially innocent defendants at all stages of the process-and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.

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.

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.

Examining the interplay between law and society from imperial to present-day China, this synoptic book traces the developments of law in Chinese societies. Vai Io Lo investigates the role of law in social governance, discussing China's ongoing reforms towards the rule of law with Chinese characteristics. Offering a comprehensive overview of the interaction between law and society in China, this book simultaneously provides a glimpse of China in terms of history, polity, society, economy and philosophy. Opening with a discussion on what 'law' and 'society' are, Lo frames the discussion within the contexts of imperial China, the transitional period, the pre-reform era, and finally contemporary China. Utilising up-to-date analyses and Chinese characters alongside key concepts explained in English, this book will be beneficial to Chinese studies and Chinese law scholars looking for a more integrated insight into the background behind contemporary Chinese law. Legal practitioners working in the field will also find this book an important reference.

Earth jurisprudence will profit from utilising the breadth of academic work produced within the green criminology academic arena. Building upon work to explore the differences and similarities in the theoretical underpinnings of both disciplines and concluding by calling for greater cross-collaboration, Green Criminology and Earth Jurisprudence will be of great interest to scholars and students across Law, Environmental Studies, and Criminology.

Offering insights based on years of original research, Redefining Murder, Transforming Emotion: An Exploration of Forgiveness after Loss Due to Homicide investigates the ideas and experiences of individuals who have lost loved ones to homicide (co-victims) in order to advance our understanding of the emotional transformation of forgiveness. It stands at the crux of two vibrant, growing fields: criminal victimology and the sociology of emotion. Analysis of 36 intensive interviews with co-victims and three years of participant observation of self-help groups and other victim-centered events offers a multidimensional understanding of forgiveness. Specifically, this book answers the questions of "What?," "When?," "How?," and "Why?" forgiveness occurs by exploring co-victims' ideas about forgiveness, the differential experiences of various groups of people, the processes through which forgiveness occurs in a variety of extreme circumstances of homicide, and co-victims' motivations toward forgiveness. The book concludes with commentary on overarching conclusions based on this work; theoretical and practical implications; suggestions for directions for future inquiry; and an in-depth account of the methodological strategies employed to gather such rich and nuanced data. This book will appeal to academics and students alike, within relevant fields, including sociology, criminology, restorative justice, victim services, psychology, and social welfare, as well as individuals seeking a better understanding of their own experiences, including co-victims or others whose lives have been altered by extreme forms of violence and upheaval. Its detailed postscript will also serve well those interested in qualitative methodology in social science research.

International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' - Claus Kress LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' - Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The topics include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law. Contributors include: G. Acquaviva, L. Carter, H. Garry, S. Horovitz, C.C. Jalloh, M. Maystre, F. Pocar, J.I. Turner

Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organization, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organizations will also learn much from this insightful study.

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.

This book examines the structures that support the policing organisation internally and externally, including its partners within the criminal justice system. It has been written for students of policing, especially those undertaking qualifications under the new Police Education Qualifications Framework (PEQF), undergraduates who study the police as part of a criminology or criminal justice degree or similar, and those with a general interest in the police organisation in England and Wales. It includes chapters on: The historical context of police structure. Accountability, governance, and control in the police. Local, national, and international police structures. The partnership between the police and the criminal justice system. The future structure of policing. Throughout the chapters are 'important point boxes' which emphasise the key parts of each topic. At the end of each chapter are reflective questions, useful websites, and a further reading list, all of which reinforces students' knowledge and furthers their professional development. Written in clear and direct style, this book will appeal to students of policing, criminology, criminal justice, cultural studies, and law. It is essential reading for students taking a degree in Professional Policing.

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.