The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

In this clear and observant book, Kenneth Button provides an overview of the economics and political economy of transport security, considering its policy from an economic perspective. His analysis applies micro-economic theory to transport issues, supporting and enhancing the larger framework of our knowledge about personal, industrial, and national security.Button's focus on the economic aspects of transportation security strives to move beyond established technical and legal approaches, working within both the narrower microeconomics of individual and corporate efficiency and the larger trends in economic policy-making. By fitting current security trends into economic analysis, he discusses not only contemporary developments, but also their economic implications and approaches for assessing alternative strategies. This examination of applied economics is a must-read for those looking to gain a broader view of transport security issues. It is a critical resource for those in the security industries as well as those involved in education about transport, security matters, and applied microeconomics. Contents: Preface 1. Introduction 2. The Scale and Nature of the Terrorist Problem 3. Some Basic Economics of Transportation Security 4. Links Between Market Structure and Security 5. The Economic Instruments of Security Policy 6. Security and Air Transportation 7. The Economics of Shopping Mall Security 8. Maritime Security 9. Some Conclusions Index

In this fresh examination of the Microsoft antitrust case, Richard Gordon critically examines the economics of the US government's arguments. The conclusion is that the government presented a sketchy, incoherent, invalid economic case and relied upon creating the impression of misdeeds to persuade the courts. The primary charge is that Microsoft possessed an impregnable monopoly in operating systems for personal computers. According to the government, Microsoft created, included in its operating system, and vigorously promoted its internet browser solely to prevent the development of the Java/Netscape alternative. The promotion of this browser was considered predatory. Microsoft allegedly undertook similar acts against other companies. According to Gordon, the government failed to present even a clear statement of its charges and failed to substantiate the critical allegations. In this book, he concentrates on the underlying economics of the case and reviews the germane theory. He presents and evaluates implicit government arguments as well as Microsoft's refutations. Readers in economics, law and public policy will find this well researched analysis enlightening.

Ponzi schemes are a particularly vicious form of financial fraud, in that the overly trusting victims, who are often wiped out, typically share an affiliation with the fraudster. They are interesting, in that they share some features with legitimate financial phenomena (such as stock manias) and shed light on the human tendency towards behaving foolishly, especially when encouraged or modeled by others. In Understanding Ponzi Schemes, Mervyn Lewis has written what is probably the best and most comprehensive book on the topic. Extremely readable, this book uses both theoretical models and real-life case studies to provide readers with an answer to two questions: 'How do Ponzi schemes work and why are they successful?' Lewis also provides useful answers to a third question: 'What can regulators and individuals do to be protected from future incarnations of Charles Ponzi?''' - Stephen Greenspan, University of Connecticut, US and author of Annals of Gullibility'Starting with very readable (and well-referenced) accounts of various Ponzi fraudsters from Ponzi himself through to Madoff and Stanford, lessons are drawn from such diverse disciplines such as psychology and statistical analysis to advocate novel approaches to the regulation of Ponzi schemes. A 'must read' for regulatory policy-makers and a fascinating read for the general reader, Professor Lewis is to be congratulated for advancing the debate on this age-old phenomenon by suggesting distinctive and innovative strategies to tackle it.' - Eva Lomnicka, Dickson Poon School of Law, King's College London, UK 'Readers looking for a clear explanation of how Ponzi schemes work and description of recent and historical examples, both large and small scale, will find that in this very readable book. But the author, Professor Mervyn Lewis, goes well beyond those topics by drawing on behavioural economics and psychology to help understand how 'victims' get caught in such schemes, and the motives and behaviours of the scheme operators. That analysis also provides a valuable checklist for readers to help them avoid becoming victims.' - Kevin Davis, University of Melbourne, Australia A Ponzi scheme is one of the simplest, albeit effective, financial frauds to engineer, and new schemes keep coming forward. Despite this, however, people continue to invest in them. How are we to account for the seemingly never-ending lure of such schemes? In providing answers to this central question, this concise and well-researched book examines how Ponzi schemes operate, how they differ from pyramid schemes, Ponzi finance and other financial arrangements. The author questions whether the victims have only themselves to blame, why fraudsters think that they can avoid detection, and what important insights behavioural finance theory and psychology can add. Particular attention is paid to the reasons behind the failure of financial regulation, and the types of regulatory changes needed to protect investors and avoid repetitions. The analysis is informed by case studies of 11 Ponzi schemes in the US, UK, Australia and New Zealand. Finance and business academics interested in the operation of Ponzi schemes, and how they differ from pyramid schemes, will find this book invaluable, as will students of economics, finance, behavioural decision-making and psychology. Lawyers, psychologists, regulatory agencies and financial institutions will also benefit considerably from the analysis.

Modern communications are now more than ever heavily dependent on mobile networks, creating the potential for higher incidents of sophisticated crimes, terrorism acts, and high impact cyber security breaches. Disrupting these unlawful actions requires a number of digital forensic principles and a comprehensive investigation process. Mobile Network Forensics: Emerging Research and Opportunities is an essential reference source that discusses investigative trends in mobile devices and the internet of things, examining malicious mobile network traffic and traffic irregularities, as well as software-defined mobile network backbones. Featuring research on topics such as lawful interception, system architecture, and networking environments, this book is ideally designed for forensic practitioners, government officials, IT consultants, cybersecurity analysts, researchers, professionals, academicians, and students seeking coverage on the technical and legal aspects of conducting investigations in the mobile networking environment.

This edited collection introduces and defines the concept of "comparative restorative justice", putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.

This book offers unique insight to the regulatory, operational, and institutional advances of OLAF (the European Commission's Anti-Fraud Office). Since OLAF was set up in 1999, changes in the three levels of OLAF's functional environment have taken place: continuing advances in EU criminal law, especially in the areas of mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol though recent regulations and memoranda of cooperation; and the prospect of the Lisbon Treaty. The book shares the view that OLAF's current legal framework must adequately address these issues. The book's approach is multi-disciplinary. OLAF is examined through the prism of law and EU politics, thus focusing not only on the identification of current problems in regulation and procedure, but also on the feasibility of the institution in the future of European integration. This approach is dialectic in that after the exposure of regulatory and institutional defaults, operational solutions are then discussed. Although there is little doubt that OLAF suffers from regulatory discrepancies and institutional inefficiencies, there is value in the argument that its staff has managed to devise operational and functional mechanisms that address some of these problems, allowing the institution to proceed legitimately with its crucial role in combating fraud within the EU. Notwithstanding the efficiency and ingenuity of its staff, the need for express rules covering procedural and operational issues must be safeguarded in regulation. (Series: Studies in International and Comparative Criminal Law)

Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joel Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.

This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.

This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process-investigation, prosecution, incarceration, rehabilitation-to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.

How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing - including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence - this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side - a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

Flexon presents an interdisciplinary perspective to the problem of racial disparities in capital case outcomes. In doing so, research from social and cognitive psychology concerning stereotypes and attitude influence were bridged with other empirical findings concerning racial disparities in capital sentencing. Specifically, the psychology of stereotypes and attitudes are used to help explain how racial discrimination can operate undetected among death qualified jurors while producing sentencing discrepancies. The introduction of a potential source of bias information concerning criminal justice and race also is offered. Results indicate that prejudicial ideas are likely operating to influence capital sentencing decisions.

The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy. Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.

What is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.

First edition of this comprehensive work discusses all aspects of the writ and its jurisdiction in English common law and United States federal and state courts. Includes an examination of issues of bail, foreign and interstate extradition, the return, pardon, custody, etc., and a thorough history of the writ that traces its history to the Roman Edict. Well-indexed.

This book presents a timely analysis of the psychological influences, underpinnings, and predictors of non-consensual image-based sexual offending (NCIBSO), such as revenge pornography, cyber-flashing, deepfake media production and upskirting. In this rapidly expanding field, this book offers a novel perspective that encompasses both a forensic psychoanalytic analysis of offending behaviours and an examination of the influence of our use of online environments and digital platforms on these behaviours. The authors begin by outlining the historical and legal context before moving on to a critique of previously posited motivating factors. Rather than conceptualising NCIBSO in purely gendered terms, they demonstrate the potential for a psychological framework to facilitate a better understanding of how and why people engage in a range of non-consensual sexual image offences. In doing so it will provide fresh insights for policymakers and clinicians, in addition to scholars from across the fields of psychology, sociology, criminology, law, media and gender studies.

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.

This book chronicles the development of criminal law in America, from the beginning of the constitutional era (1789) through the rise of the New Deal order (1939). Elizabeth Dale discusses the changes in criminal law during that period, tracing shifts in policing, law, the courts and punishment. She also analyzes the role that popular justice - lynch mobs, vigilance committees, law-and-order societies and community shunning - played in the development of America's criminal justice system. This book explores the relation between changes in America's criminal justice system and its constitutional order.

This book provides a comprehensive introduction to the problem of Internet child pornography that spotlights the connection between technology and behavior, presenting practical suggestions for reducing this pervasive problem. The role of the Internet in fueling the problem of child pornography is enormous. Prior to the Internet, child pornography was typically locally produced, of poor quality, expensive, and difficult to obtain. United States' law enforcement officials were able to boast in the late 1970s that the traffic in child pornography had virtually been eliminated. The advent of the Internet in the 1980s made vast quantities of child pornography instantly available in the privacy of the viewer's home. Today, child pornography largely exists because of the opportunities provided by the Internet. Internet Child Pornography provides a comprehensive overview of the issue by describing the problem of child pornography, examining the impact of the Internet, and presenting a profile of users. With this foundation in place, the authors then address responses to child pornography and shed light on the complexities of dealing with criminal activities that are perpetrated largely online-for example, the fact that people behave differently in online environments than they do in other areas of their lives. The book examines prevention efforts designed to reduce access to child pornography, law enforcement responses designed to catch known offenders, and treatment responses designed to reduce reoffending. Easily understood charts and tables that translate the evidence for a broad audience Technical aspects of the Internet and Internet offending described in simple language