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Books > Law > Laws of other jurisdictions & general law > Criminal law
Women's pathways through the criminal legal system are shaped by a variety of factors, ranging from their demographic backgrounds and life experiences to laws and policies within the jurisdiction in which they enter the system. Women's and Girls' Pathways through the Criminal Legal System: Addressing Trauma, Mental Health, and Marginalization describes these pathways as framed through the lens of two key theoretical perspectives-the feminist pathways perspective and intersectional criminology-as well as two applied approaches to prevention, risk reduction, and intervention-trauma-informed approaches and the sequential intercept model. The theoretical models help readers understand how women become involved in the system and how women and girls of diverse social identities may be differentially impacted by that involvement. The applied approaches provide readers with the knowledge and resources to assist girls and women and decrease engagement with the system. Women's and Girls' Pathways through the Criminal Legal System is part of the Cognella Series on Family and Gender-Based Violence, an interdisciplinary collection of textbooks edited by Claire Renzetti, Ph.D. The titles feature cross-cultural perspectives, cutting-edge strategies and interventions, and timely research on family and gender-based violence.
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.
There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances-including the murder of her beloved mother-in-law-into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the ""machinery of death."" Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
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.
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.
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.
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.
Crime, Law, and Justice provides students with a comprehensive introduction to the field of criminal justice and the criminal justice system. Based on both criminological research and theoretical analysis, the anthology addresses crime in society, victimization, criminological theories, policing and law enforcement, and more. Students read articles on the politics of criminological research, historical and contemporary perspectives on policing, and criminal prosecution. Specific chapters address the due process of law, plea bargaining, juvenile justice, and the current scale of imprisonment in the United States. The second edition features new readings on probation, parole, and community corrections; plea bargaining; criminal profiling; bail; and the politics of victimization. Crime, Law, and Justice asks critical questions about the criminal justice system, encouraging students to consider why it functions as it does and if there are ways to improve it. The text is suitable for introductory courses in criminology and criminal justice. It is also a valuable tool for classes in sociology, police administration, and criminal or constitutional law.
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.
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantanamo Bay beg the question: has the "war on terror" forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States-two common-law based constitutional democracies-to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence-a constantly negotiated process-are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.
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.
The American legal system is far from perfect. High standards of fairness and equal justice for all are lacking, and conflicts of interest are an integral part of the system 's practitioners. In Law Street, author Wim J.M. Touw discusses the ills of the American legal system and investigates the roots of its dysfunction. In his analysis Touw argues that American lawyers have lost their moral and ethical moorings; he provides a unique perspective of how American lawyers have manipulated the British common law system for their own financial benefit or to advance their careers. He compares the legal system of the United States with systems in the world 's foremost democracies to illustrate how American jurisprudence has strayed from its mission. Finally, he examines the criminal law system that puts innocent people in jail and explains in detail how the tort system, the contingency fee, and the loser pays laws have turned the once noble profession of lawyering into a profitable, unregulated business corrupting the legal process. Touw argues that what is good for Wall Street is good for Law Street and explains why American bar associations do not provide proper oversight. With thorough explanations and examples, Law Street tells a story about serious flaws in the American legal system and provides a wake-up call for America 's dysfunctional and often corrupt legal system.
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
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. |
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