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.

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.

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.

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.

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.

The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide. Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales. Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide. Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students.

Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

Many liberals consider closed-circuit television (CCTV) surveillance in public places - particularly when it is as extensive as it is in England - to be an infringement of important privacy-based rights. An influential report by the House of Lords in 2009 took this view. However, there has been little public or academic discussion and analysis of the underlying principles and ethical issues. What rights of privacy or anonymity do people have when in public spaces abroad? What is the rationale of these rights? In what respect does CCTV surveillance compromise them? To what extent does the State's interest in crime prevention warrant encroachment upon such privacy/anonymity rights? This book offers the first extended, systematic treatment of these issues. It develops a theory concerning the normative basis of the entitlement to privacy/anonymity in public space - a theory based on notions of liberty and dignity. It examines in depth how CCTV surveillance might compromise these entitlements, drawing on everyday conventions of non-attendance among people in the public domain, and it considers whether and to what extent crime-control concerns might justify overriding these entitlements. The conclusion is that they might do so only in certain restrictively-defined situations, and the book therefore ends with a proposal for a scheme of regulation which might be appropriate for CCTV.

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

This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims' participation nor seeks to extend it beyond the contours determined by the founders of the ICC. The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC's arena, distinct from the parties and other non-party participants. As an integral part of the ICC's synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court's procedural mechanism and the mission pursued by the parties and the Chamber. The philosophy underpinning the ICC's design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.

'We need more warriors like Carrie' TARANA BURKE, founder of the MeToo movement 'In the age of doxxing, revenge porn, and misogynist trolls, this book is required reading' ESQUIRE Nobody's Victim is an unflinching look at a hidden world most people don't know exists-one of stalking, blackmail, and sexual violence, online and off-and the incredible story of how one lawyer, determined to fight back, turned her own hell into a revolution. Nobody's Victim invites readers to join Carrie Goldberg on the front lines of the war against sexual violence and privacy violations as her law firm sues the hell out of tech companies, schools, and sexual predators. Her battleground is the courtroom; her crusade is to transform clients from victims into warriors. In gripping detail, Carrie shares the diabolical ways her clients are attacked and how she, through her unique combination of relentless advocacy, badass risk-taking, and unique client-empowerment, pursues justice for them all. There is the ex-boyfriend who made fake bomb threats in a client's name, causing a national panic; the girl who was sexually assaulted on school grounds and then suspended when she reported the attack; and the guy who used a dating app to send more than 1,200 men to his ex's home and office for sex. Carrie also shares her own shattering story about why she began her work and became the lawyer she needed. Riveting and essential, Nobody's Victim is a bold and timely analysis of victim protection in the era of the Internet. This book is an urgent warning of a coming crisis, a predictor of imminent danger, and a weapon to take back control and protect ourselves-both online and off. 'A rallying cry for privacy justice . . . chilling . . . take-no-prisoners and warmly gregarious' New York Times *Perfect for fans of She Said by Jodi Kantor and Megan Twohey, The Whisper Network by Chandler Baker and The Good Fight*

The field of data mining is receiving significant attention in today's information-rich society, where data is available from different sources and formats, in large volumes, and no longer constitutes a bottleneck for knowledge acquisition. This rich information has paved the way for novel areas of research, particularly in the crime data analysis realm. Data Mining Trends and Applications in Criminal Science and Investigations presents scientific concepts and frameworks of data mining and analytics implementation and uses across various domains, such as public safety, criminal investigations, intrusion detection, crime scene analysis, and suspect modeling. Exploring the diverse ways that data is revolutionizing the field of criminal science, this publication meets the research needs of law enforcement professionals, data analysts, investigators, researchers, and graduate-level students.

The criminal attacks that occurred in the U.S. on September 11, 2001, have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalizing 'new' terrorist offenses and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favor of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalization, economic neo-liberalism, and the shift away from the post-war liberal welfare settlement. In Regulating Deviance, a collection of essays focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behavior. The contributions come from leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology, and the sociology of law. (Series: Onati International Series in Law and Society)

The "Livingston Code"A comprehensive system of criminal law which, while not adopted in the United States, is still influential today because it is the first complete penal code built on Jeremy Bentham's principles of codification. From a penal standpoint the code is important as well not only in terms of its completeness and order, but from its perspective of the advancement of crime prevention over punishment. " The Code]...will certainly arrange your name with the sages of antiquity."--Thomas Jefferson"You have done more in giving precision, specification, accuracy and moderation to the system of crimes and punishments 'than any other legislator of the age, and your name will go down to posterity with distinguished honor."--James Kent"You will be numbered among the men of this age who have deserved most and best of mankind." --Victor Hugo " Edward Livingston is] . . . the first legal genius of modern times."--Henry Sumner MaineEdward Livingston 1764-1836] graduated from Princeton College at the age of 17. He was a senator from New York and later Louisiana. He served as U.S. Secretary of State from 1831-1833.

In China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system. Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.

Research suggests that people of all demographics have nuanced and sophisticated notions of justice. In this intriguing new book, Paul H. Robinson demonstrates that judicial decisions that deviate from public conceptions of justice and desert can seriously undermine the American criminal justice system's integrity and legitimacy by failing to recognize or meet the needs of the communities it serves. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay conceptions of justice, touching many if not most of the issues that penal code drafters or policy makers must face, including normative crime control, universal understandings of justice, culpability, principles of adjudication, grading sentencing, justification defenses, and judicial discretion. Robinson warns that compromising the American criminal justice system to satisfy other interests can uncover hidden the costs incurred when a community's notions about justice are not reflected in its criminal laws. By ignoring the intuitions of justice held by the communities they serve, legislators, policymakers, and judges undermine the relevance of the criminal justice system and reduce its strength and legitimacy, creating a gap between what justice a community needs and what justice a court or law prescribes.

Rape is a fact of life for the incarcerated. Can American society maintain the commitment expressed in recent federal legislation to eliminate the rampant and costly sexual abuse that has been institutionalized into its system of incarceration? Each year, as many as 200,000 individuals are victims of various types of sexual abuse perpetrated in American prisons, jails, juvenile detention facilities, and lockups. As many as 80,000 of them suffer violent or repeated rape. Those who are outside the incarceration experience are largely unaware of this ongoing physical and mental damage-abuses that not only affect the victims and perpetrators, but also impose vast costs on society as a whole. This book supplies a uniquely full account of this widespread sexual abuse problem. Author Michael Singer has drawn on official reports to provide a realistic assessment of the staggering financial cost to society of this sexual abuse, and comprehensively addressed the current, severely limited legal procedures for combating sexual abuse in incarceration. The book also provides an evaluation of the Prison Rape Elimination Act of 2003 and its recently announced national standards, and assesses their likely future impact on the institution of prison rape in America.

This fascinating book recounts the compelling stories behind 14 of the most important criminal procedure cases in American legal history. Many constitutional protections that Americans take for granted today-the right to exclude illegally obtained evidence, the right to government-financed counsel, and the right to remain silent, among others-were not part of the original Bill of Rights, but were the result of criminal trials and judicial interpretations. The untold stories behind these cases reveal circumstances far more interesting than any legal dossier can evoke. Author J. Michael Martinez provides a brief introduction to the drama and intrigue behind 14 leading court cases in American law. This engaging text presents a short summary of high-profile legal proceedings from the late 19th century through recent times and includes key landmark cases in which the court established the parameters of probable cause for searches, the features of due process, and the legality of electronic surveillance. The work offers concise explanations and analysis of the facts as well as the lasting significance of the cases to criminal procedure. Includes 20 photographs of key participants and scenes Explains legal principles through engaging, jargon-free prose Connects the importance of the cases to constitutional criminal procedure Explores the impact of Supreme Court decisions

Experts occupy a unique position in the litigation process. The law and the courts give them automatic authority and credibility at the outset. But the greatest challenge for experts as they navigate the court process is to preserve that high level of credibility going forward. In The Expert Expert, author Douglas L. Field presents detailed information to help an expert professional become an effective witness-and keep intact one's reputation as a capable and credible expert witness.

Geared toward physicians, architects, accountants, engineers, and many other professionals, The Expert Expert contains a comprehensive discussion of all aspects of professional expert witness practice-from the history of experts in court to current practices. It discusses how to

understand the anatomy of a tort case;

write a good expert report;

contend with contention;

deal with the opposing attorneys' questions;

give a good deposition;

succeed at trails;

avoid common pitfalls;

ensure getting selected;

deal effectively with social media; and

handle financial and money issues.

Including helpful and meaningful illustrations, The Expert Expert offers everything that either the veteran or aspiring expert needs to attain and maintain success as a professional expert witness.

This new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.

From the author of "Profiling the Criminal Mind" comes these true stories of cold cases and true mysteries. A truly compelling collection of adventures from the files of a career police detective and university professor that takes the reader inside the mysteries and murders that intrigue the author and make the reader listen for "things that go bump in the night." From spies to ghosts to celebrities and the places we like to spend time reading spy and murder mystery adventures, this collection has something for every mind that seeks adventure.

Principally an abridgement of the transcript of the trial as published in: The Sacco-Vanzetti case. 2nd ed. Mamaroneck, N.Y.: P. P. Appel, 1969; followed by a collection of remarks over the past 80 years about the trial and its significance.