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Books > Law > Laws of other jurisdictions & general law > Criminal law
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.
The Veterans Treatment Court Movement provides a comprehensive, empirical analysis of the burgeoning veteran's court movement from genesis through to operation, and concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the Veterans Justice Outreach Officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve. The book shows how veterans courts seek to serve veterans' legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcize their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how - and why - these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.
Over the past few years, opposition to the privatisation in public services in the United Kingdom and elsewhere has grown, especially in areas related to criminal justice. Privatisation has existed within the British criminal justice system at least since the early 1990s, but the privatisation of the Probation Service in 2014 was a significant landmark in this process and signalled a larger programme of privatisation to come. Criminal Justice and Privatisation works to examine the impact of privatisation on the criminal justice system, and to explore the potential effects of privatising other areas including the police and the security industry. By including chapters from practitioners and academics alike, the book offers an expansive overview of the criminal justice system, as well as observations of the effect of privatisation at ground level. By also exploring the way the private companies are paid, how they operate and what private companies do, this book offers an insight into and the future of privatisation within the public sector. Written in a clear and direct style this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the effects of privatisation.
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.
Using in-depth field research and analysis of case studies, Mafia Violence: Political, Symbolic, and Economic Forms of Violence in Camorra Clans focuses attention on the phenomenon of violence performed by Italian organised crime groups, devoting specific attention to the Camorra, which has been responsible since the mid-1980s for almost half of all mafia homicides documented in Italy. The Camorra has acquired increased visibility at an international level due to its intense use of violence and high level of dangerousness, but until now, the study of the different forms of violence implemented by mafias has not received systematic attention at the scientific level. Hence, this book fills this gap by providing a both theoretical and empirical contribution toward the analysis of one of the most unknown - although highly visible and dangerous - dimension of mafias' action. This collection of work by distinguished scholars provides a unique overview of the multifaceted characteristics of violence currently performed by mafia groups in Italy by focusing on specific actors - i.e., Camorra clans - but also other traditional mafia organisations such as Cosa Nostra and 'Ndrangheta; specific contexts - i.e., different territories and different markets, both legal and illegal; and specific practices and performances. Part I takes a diachronic and comparative perspective to provide an overview of mafias' violence during the past 30 years, focusing on the three most prominent criminal organisations active in Italy: Camorra, Cosa Nostra, and 'Ndrangheta. Based on the outcomes of a major project carried out by a research group at the University of Naples Federico II from 2015 to 2017, Part II looks at the use of violence by Camorra clans, incorporating information from case studies, judicial files, law enforcement investigations, wiretappings, interviews with privileged observers, firsthand empirical data, and historical documents and social sciences literature. Using a multi-disciplinary approach drawing from criminology, sociology, history, anthropology, economics, political science, and geography, this book is essential reading for international researchers and practitioners interested in piecing together the full picture of modern organised crime.
Parents Killing Children: Crossing the Invisible Line explores hidden forms of violence within the family. This socio-legal study addresses the interactions between the family and the state, focusing on six parent perpetrators and the ways in which child endangerment is concealed within society. Drawing on symbolic interactionism, mythology and a modelling of case study data, this book puts forward a unique conceptualisation of representation and risk, both on familial and state levels. The failure of the state to intervene and neutralise volatile perpetrators also sheds light on the socio-legal status of children - society's most vulnerable - and the book concludes by discussing means by which the underlying social conditions and maladies symptomatic of child abuse and killing should be addressed.
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.
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.
Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general. The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence. They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.
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.
Examining the historical, economic and political context for the current prohibition of particular drugs, this study investigates the problem of drug control and provides a systematic analysis of the development of the international system of regulation. It identifies the political rationalities that provided the basis of that system and positions these moral justifications for exercising power in relation to the practical programmes that put them into practice. The work not only catalogues the techniques and strategies employed in the process of governing illicit drugs, it also notes the failures, unintended consequences and other difficulties associated with getting such programmes to work. It will be of key interest to students and scholars of crime and criminology, law and society, medico-legal studies and health studies.
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.
This book is a comprehensive account of crime prevention policy in England and Wales. It examines crime prevention policy under the Conservative Government and examines the direction that the newly elected Labour administration is taking. Particular attention is paid to the years 1995 to 1997. The book goes beyond the Home Office and examines the roles of the Police, Probation, Crime Concern, NACRO, the Local Government Association and the role of the national Community Safety Network in national crime prevention policy making. It examines how some agencies influence policy and how others have struggled to have a voice. The methods used to conduct the research include interviewing key persons involved in national crime prevention policy making; distributing questionnaires to police and probation officers of all ranks in Boroughville; and analyzing documents from various organizations such as the Police Probationer Training manual and minutes to the Association of Chief Police Officers sub-committee on crime prevention from their inaugural meeting in September 1986 until May 1995.
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.
This book applies three overlapping bodies of work to generate fresh approaches to the study of criminal justice in England and Ireland between 1660 and 1850. First, crime and justice are interpreted as elements of the "public sphere" of opinion about government. Second, "performativity" and speech act theory are considered in the context of the Anglo-Irish criminal trial, which was transformed over the course of this period from an unmediated exchange between victim and accused to a fully lawyerized performance. Thirdly, the authors apply recent scholarship on the history of emotions, particularly relating to the constitution of "emotional communities" and changes in "emotional regimes".
* 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 |
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