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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book brings together Foucault's writings on crime and delinquency, on the one hand, and sexuality, on the other, to argue for an anti-carceral feminist Foucauldian approach to sex crimes. The author expands on Foucault's writings through intersectional explorations of the critical race, decolonial, critical disability, queer and critical trans studies literatures on the prison that have emerged since the publication of Discipline and Punish and The History of Sexuality. Drawing on Foucault's insights from his genealogical period, the book argues that those labeled as sex offenders will today be constructed to re-offend twice over, once in virtue of the delinquency with which they are inculcated through criminological discourses and in the criminal punishment system, and second in virtue of the manners in which their sexual offense is taken up as an identity through psychological and sexological discourses. The book includes a discussion of non-retributive responses to crime, including preventative, redistributive, restorative, and transformative justice. It concludes with two appendixes: the original 19th-century medico-legal report on Charles Jouy and its English translation by the author. Foucault, Feminism, and Sex Crimes will be of interest to feminist philosophers, Continental philosophers, Women's and Gender Studies scholars, social and political theorists, as well as social scientists and social justice activists.
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
* The first book-length treatment of the form of racial profiling known as "shopping while Black" * Groundbreaking treatment of a hot topic, weaving together scholarly research on violations of the rights of people of color and personal experience with this social problem * Engages criminologists and social-justice activists or civil rights attorneys as well as the general public
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.
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.
Papua New Guinea's two most powerful legal orders - customary law and state law -undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
Women in India constitute nearly half of its population of over a billion people, and this book is a rigorous social scientific examination of the issue of violence against women in India. It draws from the latest criminological research on the nature and extent of such violence; discusses cultural myths and practices that underlie the problem; and examines policies and programs that respond to it. This collection will advance research, justice, and social action to tackle this heartbreaking problem. The chapters in this book were originally published as a special issue of the International Journal of Comparative and Applied Criminal Justice.
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.
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.
There has been a significant increase in the focus on sex offending in recent years in both the academic and public spheres. From heightened media attention on sex crimes to new waves of legislation aimed at crime prevention, issues related to sexual assault, harassment, and sexual violence have become a top priority in the Western countries. The Oxford Handbook on Sex Offenses and Sex Offenders provides comprehensive, even-handed analysis of the myriad of topics related to sex offenses, including pornography, sex trafficking, criminal justice responses, and the role of social media in sex crimes. Extending beyond the existing scholarly research on the topic, this volume teases out the key debates, controversies, and challenges involved in addressing sex crimes. While most discourse regarding sex offenders either involves prevention and control or, conversely, potential treatment options, this Handbook delves into the psychological, historical, and social contexts related to sex offenses, providing a more holistic view of the topic. The definitive volume on sex crimes and sex offenders, The Oxford Handbook on Sex Offenses and Sex Offenders makes an invaluable contribution to criminological literature.
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.
Some of the brightest minds in criminology who were nurtured on the strictly environmentalist paradigm of the 20th century have declared that biosocial criminology is the paradigm for the 21st century. This book attempts to unite this ever-growing field with the premier neurobiological theory of personality, otherwise known as reinforcement sensitivity theory (RST). Anthony Walsh places the highly variable number of biosocial approaches under a single theoretical umbrella, whilst providing a unique integrative framework. As the leading neurobiological theory of personality and behavior in psychology today, RST focuses around the age-old question of how naturally selfish social animals can achieve their wants and needs without alienating others in their social groups. RST posits that evolution has built into humans three interacting systems: the behavioral approach system; the behavioral inhibition system; and the fight/flight/freeze system. RST identifies the neurobiological and genetic functions underlying each system and has found a cascade of supporting evidence. Throwing new light on many areas of concern to criminologists, such as psychopathy, violence, ADHD, and schizophrenia, this book will be of interest to scholars and upper-level students in the field. Additional features such as Focus Boxes and diagrams delve into measurement techniques and brain areas.
Problem-Oriented Policing: Successful Case Studies is the first systematic and rigorous collection of effective problem-oriented policing projects. It includes more than twenty case studies from among the thousands of projects submitted for the Herman Goldstein Award for Excellence in Problem-Oriented Policing. The volume describes in detail the case studies and explains the wider significance of each for effective, efficient, and equitable policing. This book explores a wide range of problems that fall under five general categories: gang violence; violence against women; vulnerable people; disorderly places; and theft, robbery, and burglary. The case studies tell stories of how police, in collaboration with others, successfully tackled real-world policing problems fairly and effectively. The authors have also drawn out of the case studies the cross-cutting themes and issues they illustrate. The authors prove that the concept can work, bring to life the context in which police and communities addressed these vexing problems, and, ideally, will inspire future problem-oriented police work that builds on these reported successes. Written in a clear and direct style, this book will appeal to students and scholars of policing, criminology, and social studies; police practitioners and crime analysts; and all those who are interested in learning more about the reality of police problem-solving.
It is generally accepted that men commit more crimes than women. The widespread acceptance of this view is based primarily on the number of convictions with most jurisdictions reporting considerably fewer incarcerated women/girls than men/boys. This manuscript argues however that decisions made by the various stakeholders that play a role in the incarceration of men are inherently gendered. These decisions are based on patriarchal perceptions and stereotypes related to the familial roles of men and women, and by extension their motivations or offending. Few studies have sought to explore the nature of these perceptions, and the effect these may have on incarceration patterns. Indeed, this form of inquiry remains absent from the research agenda of Caribbean criminologists. Using qualitative data from Barbados, this book analyses the extent to which these factors are taken into consideration not only by the police and members of the judiciary, but by examining the gendered decisions made by shop managers and proprietors in cases involving shoplifting, it seeks to analyse the extent to which these factors are taken into consideration before incidents reach the justice system. Critically, this book seeks also to juxtapose these assumptions against testimony from men incarcerated at Her Majesty's Prison. The large proportion of males in Caribbean prisons when compared to their female counterparts necessitates an investigation into the factors that may contribute to differential treatment as they move through the justice system. Using data from Barbados, the present study seeks to fill this need.
The Routledge International Handbook of Criminology and Human Rights brings together a diverse body of work from around the globe and across a wide range of criminological topics and perspectives, united by its critical application of human rights law and principles. This collection explores the interdisciplinary reach of criminology and is the first of its kind to link criminology and human rights. This text is divided into six sections, each with an introduction and an overview provided by one of the editors. The opening section makes an assessment of the current standing of human rights within the discipline. Each of the remaining sections corresponds to a substantive area of harm prevention and social control which together make up the main core of contemporary criminology, namely: criminal law in practice; transitional justice, peacemaking and community safety; policing in all its guises; traditional and emerging approaches to criminal justice; and penality, both within and beyond the prison. This Handbook forms an authoritative foundation on which future teaching and research about human rights and criminology can be built. This multi-disciplinary text is an essential companion for criminologists, sociologists, legal scholars and political scientists.
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody's business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.
The Routledge Handbook of Irish Criminology is the first edited collection of its kind to bring together the work of leading Irish criminologists in a single volume. While Irish criminology can be characterised as a nascent but dynamic discipline, it has much to offer the Irish and international reader due to the unique historical, cultural, political, social and economic arrangements that exist on the island of Ireland. The Handbook consists of 30 chapters, which offer original, comprehensive and critical reviews of theory, research, policy and practice in a wide range of subject areas. The chapters are divided into four thematic sections: Understanding crime examines specific offence types, including homicide, gangland crime and white-collar crime, and the theoretical perspectives used to explain them. Responding to crime explores criminal justice responses to crime, including crime prevention, restorative justice, approaches to policing and trial as well as post-conviction issues such as imprisonment, community sanctions and rehabilitation. Contexts of crime investigates the social, political and cultural contexts of the policymaking process, including media representations, politics, the role of the victim and the impact of gender. Emerging ideas focuses on innovative ideas that prompt a reconsideration of received wisdom on particular topics, including sexual violence and ethnicity. Charting the key contours of the criminological enterprise on the island of Ireland and placing the Irish material in the context of the wider European and international literature, this book is essential reading for those involved in the study of Irish criminology and international and comparative criminal justice.
This book-containing contributions from scholars who are well-known for their research on gangs, and selected as experts on the assigned topics-examines youth gangs from a developmental/life-course perspective, exploring a myriad of issues related to gang membership, its causes, its consequences, and various intervention efforts to both prevent gang membership and reduce the problematic impact of gangs. Beginning with research exploring the intergenerational continuity in gang membership and examining the causal processes leading to gang membership, the structure of the book reflects the developmental sequence of gang membership. The consequences of gang membership for youth are examined, as are intervention strategies. The book also presents the first conceptual framework on female gang involvement, taking into account the differences in the paths and roles that women and girls may take into the gang. The book concludes by exploring how gang membership affects job possibilities for young adults. This book was originally published as a special issue of the Journal of Crime and Justice.
In recent years the sexual abuse of children in religious institutions has gripped the Western world, as churches, governments and civil society attempt to come to terms with the magnitude of widespread historical abuses. Questions continue to be asked about why it is that perpetrators were able to offend repeatedly and with impunity; what is it about institutions that facilitate or foster abuse; and why have survivors of abuse often been treated inadequately by diverse national and international justice and political systems throughout the last century? This volume makes a significant contribution to international understandings of the vexed and sensitive 'wicked problem' of child sexual abuse in religious institutions. The chapters in this volume are written from a range of feminist disciplinary responses, including law, criminology, anthropology and history. Together, they provide important historical context for the current social and political interest in clerical sex crimes. They examine political and legal avenues for redress for survivors of these crimes and critically examine the ways in which church cultures position clergy and clergy offenders in relation to victims. The chapters originally published in a special issue of the Australian Feminist Law Journal.
This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Though criminology took root in Russia in the early 1800s and has gone through various stages of maturation-paralleling developments of the discipline in Europe and North America over the last two centuries-its contributions and presence in the field is hardly noticeable in the English-speaking world. The objective of this book is by no means to fill that void, but rather to bring together the recent developments in Russia, keeping in context its rich history of criminological legacies, traditions, and its current experiences and growth since the restructuring of Soviet Union. This book was originally published as a special issue of the International Journal of Comparative and Applied Criminal Justice.
First published in 1999. This book provides a law and economics approach towards criminal gangs which integrates the tools of economic modelling with criminal law in order to understand and address a contemporary law enforcement problem. The book draws upon ideas from economics, law and law enforcement to investigate the nature and organizational structure of criminal gangs. Law and economics are employed in varying combinations and at varying levels of specificity to generate insights into the organization and behaviour of criminal gangs. These insights are applied to evaluate alternative legal approaches and to inform the design of a new criminal law approach towards criminal gangs. Attention is focused on the organization of criminal street gangs, both because the growth and increasing sophistication of these gangs offer special challenges for law enforcement and because of the potential contributions which such an understanding could yield for economists who have traditionally focused on the organizational structure of legitimate enterprises.
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Crisis Negotiations: Managing Critical Incidents and Hostage Situations in Law Enforcement and Corrections, the sixth edition, is an invaluable resource for mitigating, managing, or responding to high risk negotiation incidents. This revision includes the current research on negotiating high-risk incidents in the classroom and the field. It includes an applied analysis of the value of psychopathology to high-risk perpetrators. It refines the "empirical eclecticism" introduced in the fourth edition to provide a conceptual basis for crisis negotiations. The authors include summary bullet points at the end of each chapter for easy reference when negotiators are in the field and a review of the literature since the last edition appeared. Their discussion of the strategic planning process involved in high-risk negotiation incidents focuses clearly on the critical questions negotiators need to ask themselves about any high-risk incident and provides a practical approach to the psychology of individuals that engage in high-risk incidents. Known as "the bible" to experienced professionals in the field, this sixth edition of Crisis Negotiations is vital for practitioners as well as for criminology, criminal justice or psychology courses in crisis management, applied psychology, and special operations in law enforcement and corrections. Instructors will find it well supported by ancillary materials including discussion questions, slide presentations, and a test bank, as well as case studies and self-assessment quizzes for students, making it easy to develop a first-time course or to integrate it into an existing course.
An in-depth study of the U.S. v. the International Brotherhood of Teamsters In 1988, Manhattan U.S. Attorney Rudy Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most corrupt union in the world. The lawsuit charged that the mafia had operated the IBT as a racketeering enterprise for decades, systematically violating the rights of members and furthering the interests of organized crime. On the eve of trial, the parties settled the case, and twenty years later, the trustees are still on the job. Breaking the Devil's Pact is an in-depth study of the U.S. v. IBT, beginning with Giuliani's lawsuit and the politics surrounding it, and continuing with an incisive analysis of the controversial nature of the ongoing trusteeship. James B. Jacobs and Kerry T. Cooperman address the larger question of the limits of legal reform in the American labor movement and the appropriate level of government involvement. |
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