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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book investigates the Youth Police Initiative (YPI) intervention with a comprehensive look at its effects in Boston as well as Brownsville, Brooklyn, a neighborhood that has both rich community networks as well as the highest crime rate in New York City. Based on a phenomenological approach, The Case for Youth Police Initiative: Interdependent Fates and the Power of Peace offers first-person narratives of youth, police, and community members in Brownsville as the YPI program was put into action Police shootings and other negative exchanges between community members and the police have brought heightened awareness to the volatile relations between communities and police. The North American Family Institute began the YPI in Baltimore in 2003 with the ambition of keeping vulnerable youth away from arrests, gangs, guns, violence, and death. The program has been replicated in several communities in the United States and beyond. The focus of YPI training is to address the dual challenge of teaching youth the skills to resolve daily conflicts with authority while also teaching police officers to have meaningful dialogue with young people. The voices of the stakeholders reveal changes in attitudes and actions from before, during, and after YPI's implementation. A comprehensive illustration of the intervention's arc provides the reader with an in-depth, textured perspective of what it takes to prevent pernicious eruptions of tension between police and the community they are charged to serve and protect. YPI's success in addressing tensions between youth and police in Boston and Brownsville, Brooklyn, maps out a blueprint for progress in other communities. Suitable for scholars and researchers in juvenile justice, law enforcement, psychology, and social work as well as practitioners on the front lines, The Case for Youth Police Initiative will provoke dialogue on best practices for changing the volatile climate between police and the youths in their communities.
Originally published in 1997. The use of postmodern criminology's conceptual tools offers the potential for the development of a better understanding of the various configurations of repressive forces and directions for social change. This excellent text introduces the reader to the core ideas concerning subjectivity as it is related to discourses and how the discursive construction of social reality takes place. It discusses some of the key themes, dealing with both theoretical integrative work, applications, and recent developments in studying postmodern criminology. It is intended for students as well as those who are more familiar with the subject. This book is composed of twelve essays organized into three parts, this important work contributes to the big discussion among criminologists about the postmodern aspects of crime.
Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
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.
This work is an exploratory examination of the experiences, motivations, and coping mechanisms of women who are involved in intimate relationships with registered sexual offenders. The study focuses both on women who were involved with an offender prior to the commission of his offense and who stayed with him post-conviction, and on women who became involved with a registered offender after his sex offense conviction. Like the offender himself, these women face a variety of challenges in responding to treatment of them by friends, family, the community, and the criminal justice system. Utilizing the results of intensive interviews, this work provides a unique look at the women who are one of the few sources of support for registered sexual offenders and assesses the effectiveness and wide-ranging implications of community notification and registration laws on public safety, policy, and practice. This work offers alternative approaches based on evidence and case studies and considers the significance of familial contact in buffering sexual recidivism. These women are the heretofore unstudied victims of sexual offending legislation. This book is essential reading for those in sociology, criminology, psychology, and social work. For undergraduate or graduate students, practitioners, researchers, or policy makers, this thought-provoking book will shed light on how to optimize the reintegration of sex offenders. It assesses the effectiveness and wide-ranging implications of sex offender legislation on public safety, policy, and practice and considers alternative approaches to reduce sexual violence.
Public Speaking for Criminal Justice Professionals: A Manner of Speaking is a one-of-a-kind public speaking guide specifically written for criminal justice professionals, written by a criminal justice professional. Author Thomas Mauriello has worked his entire professional career both as a practitioner and as an educator in the fields of criminal justice and forensic science. This book outlines the public speaking skills he has learned, used, and taught to thousands of criminal justice, forensic science, security, and counterintelligence professionals over the years. The book can either be read from cover-to-cover-to fine tune the reader's existing oral communication skills-or read in a modular fashion, as a reference guide to focus on certain skills and techniques. A list of over 55 proven, effective presentation tools will be listed, discussed, and demonstrated throughout the book-using illustrated criminal justice and forensic sciences topic examples. Contrary to popular believe, simply knowing your subject or being an expert in the subject does not guarantee a successful presentation. Aristotle, who many recognize as the Father of Public Speaking and Forensic Debate, said it best when he declared, "It is not enough to know what to say, one must know how to say it." This guide focuses on technique and the recognition that a speaker must have of both the subject and the listener. The purpose is to improve readers' skill level and ability to engage and, thereby, inform the listener. Whether preparing to speak to one person, or one thousand people, Public Speaking for Criminal Justice Professionals provides specific techniques for professionals to speaking with confidence, and present effective engaging presentations.
Public Speaking for Criminal Justice Professionals: A Manner of Speaking is a one-of-a-kind public speaking guide specifically written for criminal justice professionals, written by a criminal justice professional. Author Thomas Mauriello has worked his entire professional career both as a practitioner and as an educator in the fields of criminal justice and forensic science. This book outlines the public speaking skills he has learned, used, and taught to thousands of criminal justice, forensic science, security, and counterintelligence professionals over the years. The book can either be read from cover-to-cover-to fine tune the reader's existing oral communication skills-or read in a modular fashion, as a reference guide to focus on certain skills and techniques. A list of over 55 proven, effective presentation tools will be listed, discussed, and demonstrated throughout the book-using illustrated criminal justice and forensic sciences topic examples. Contrary to popular believe, simply knowing your subject or being an expert in the subject does not guarantee a successful presentation. Aristotle, who many recognize as the Father of Public Speaking and Forensic Debate, said it best when he declared, "It is not enough to know what to say, one must know how to say it." This guide focuses on technique and the recognition that a speaker must have of both the subject and the listener. The purpose is to improve readers' skill level and ability to engage and, thereby, inform the listener. Whether preparing to speak to one person, or one thousand people, Public Speaking for Criminal Justice Professionals provides specific techniques for professionals to speaking with confidence, and present effective engaging presentations.
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.
What Works (and Doesn't) in Reducing Recidivism offers criminologists and students an evidence-based discussion of the latest trends in corrections. Experts Latessa, Johnson, and Koetzle translate the research and findings about what works and doesn't work in reducing recidivism into understandable concepts and terms, presenting them in a way that illustrates the value of research to practice. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective in reducing recidivism among criminal offenders, but it is clear that treatment is not a one-size-fits-all approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few ways, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses the implementation issues faced as practitioners move from theory to practice, as well as the importance of staff, leadership, and evaluation efforts. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders.
What Works (and Doesn't) in Reducing Recidivism offers criminologists and students an evidence-based discussion of the latest trends in corrections. Experts Latessa, Johnson, and Koetzle translate the research and findings about what works and doesn't work in reducing recidivism into understandable concepts and terms, presenting them in a way that illustrates the value of research to practice. Over the last several decades, research has clearly shown that rehabilitation efforts can be effective in reducing recidivism among criminal offenders, but it is clear that treatment is not a one-size-fits-all approach. Offenders vary by gender, age, crime type, and/or addictions, to name but a few ways, and these individual needs must be addressed by providers. Finally, issues such as leadership, quality of staff, and evaluation efforts affect the quality and delivery of treatment services. While other texts have addressed issues regarding treatment in corrections, this text is unique in that it not only discusses the research on "what works" but also addresses the implementation issues faced as practitioners move from theory to practice, as well as the importance of staff, leadership, and evaluation efforts. This book synthesizes the vast research for the student interested in correctional rehabilitation as well as for the practitioner working with offenders.
Stories of cyberattacks dominate the headlines. Whether it is theft of massive amounts of personally identifiable information or the latest intrusion of foreign governments in U.S. government and industrial sites, cyberattacks are now important. For professionals and the public, knowing how the attacks are launched and succeed is vital to ensuring cyber security. The book provides a concise summary in a historical context of the major global cyber security attacks since 1980. Each attack covered contains an overview of the incident in layman terms, followed by a technical details section, and culminating in a lessons learned and recommendations section.
Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.
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 analyzes in detail how and why people become involved in long-firm (planned bankruptcy) fraud, the similarities and differences between long-firm fraud and other crimes, the links between bankruptcy fraudsters and other professional and organized criminals, the techniques that fraudsters use, and the social and commercial relationships that exist within the operational world of the long-firm fraudster. Extensively researched, the study uses interviews with and documentation from businesspeople, credit controllers, lawyers, judges, police, fraud investigators as well as fraudsters themselves. It also makes use of extensive documentary material from contemporary and historical police and court records. Originally published in the 1980s, the revised edition of this seminal work provides a substantial new introduction written by the author to highlight the changing and unchanging relevance of the findings for a contemporary audience, and the ways in which fraud opportunities and the organization of frauds have modified in the intervening years.
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.
This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system - the UN Drug Conventions as well as its institutions - are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book's objective is to provide an in-depth and positivist insight into drug control's present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States' parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges. The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.
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.
This book explores the outcomes of Sweden's aim to create a 'drug-free society' on the lived realities, health, and welfare of people who use drugs, and on the dynamics of Swedish drug use. Drawing on a wealth of empirical data, including extensive interview testimony and participant observation from years of fieldwork conducted in Sweden, the book debunks the widely-believed myth that Sweden is a progressive, liberal, inclusive state. In contrast to its liberal reputation, Sweden has criminalised the use of drugs and allows for compulsory treatment for those with drug dependencies. The work argues that Swedish law and policy cannot be demonstrated to have decreased drug use as intended, with the law used instead as a means with which to displace people who use drugs from public spaces in Sweden's cities. And where the law has failed in its ambition to decrease drug use, Swedish law and policy have increased and exacerbated the problems, dangers, and harms that can be associated with it. People who use drugs in Sweden experience considerable and endemic difficulties with health, violence, abuse, and social exclusion, stigma, and discrimination as a result of Sweden's drug laws, policies, and discourses.
This book examines the smuggling of migrants and trafficking in human beings in the EU with a comparative analysis of how British and Italian law has approached the issues. The work also analyzes the role of cooperation between the police and judiciary in combating criminal organizations involved in these crimes. The author draws on evidence from the Italian cities of Rimini and Siracusa and from the Italian transit island of Lampedusa to show how an innovative approach can help provide solutions to the problems arising from this sort of criminal activity. The result is a valuable resource for academics and students working in the areas of migration, refugee, criminal justice and EU law. Policy-makers and practitioners working with refugee and immigration issues will also find much of interest in this book.
From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.
What happens when incidents result in a policy sector losing its legitimacy? When a malfunctioning policy sector receives so much negative public attention that it has to fight for its survival? This study describes three such cases in detail within the British and Dutch Prison Services, examining the incidents, the negative response of the media and Members of Parliament to these incidents, and the way in which policy-makers tried to deal with the crises. This book establishes under which conditions such crises led to reform.
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. |
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