This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980's - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the 'security sanction' and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the 'magic' of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

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.

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.

July 8, 1932, 11 PM. East Austin, an African-American district in Jim Crow Texas. Sixty-year-old Charles Johnson is driving home from Bible study when a car full of young white men swerves in front of him. A brief altercation ensues. Convinced that his life is threatened, Johnson fires his pistol and drives away. Johnson's shot kills the unarmed, eighteen-year-old son of Albert Allison, a prominent cotton landlord, influential in politics, and an advocate for racial justice. Although devastated, Allison personally thwarts a lynch mob and then insists that Austin's courts treat Johnson fairly. Nonetheless, Allison expects fairness to execute his son's killer. Johnson himself expects to be lynched, either by the mob or by the court. "To Defy the Monster" shows how the confluence of unique cultural and historical factors determines Johnson's fate and why Allison orders his family never to speak of the matter.

The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

From the makers of the bestselling law revision series, Law Express: Criminology is designed to help both law and social science students revise effectively. This is your guide to understanding essential concepts, remembering and applying key theories, developing good critical analysis, and making your answers stand out.

This book is available digitally as an Open Acces resource at www.boomdenhaag.nl. Click here to access the content. This book is the result of an academic project, funded by the Hercules Programme of the European Commission to study legislation dealing with crimes against the Financial Interest of the EU awarded to the Department of European and Comparative Law within the Faculty of Laws of the University of Malta. The study deals with the notion of criminal law at the European Union level as well as the relationship between the EU legal order and the national legal order. The focus of the study is on the development of EU criminal legislation aimed at protecting the financial interests of the EU, with a focus on cybercrime, fraud and public spending. It starts with the current legal basis in the TFEU, followed by the development of EU legislation in the area as well as the legislation of relevant bodies, such as EPO, OLAF and EUROPOL. The study tackles how this legislation is being received by the national legal orders, whereby eleven EU Member States are selected based on size, geography and legal systems. These Member States are France, Ireland, Croatia, Estonia, Germany, Italy, Malta, Spain, Latvia, Greece and Poland. A comparative study is made between those sections of EU criminal law dealing with the financial interests of the EU in these Member States to analyse the current legislation and propose future developments. The study, which is led by the editors based at the University of Malta, examines the subject from a European perspective. Besides the European perspective, the study focuses on national case-studies, followed by a comparative analysis.

Poverty-related problems facing Africa are not only overwhelming but are also monumental and worrisome. Some of Africa's poverty problems are self-inflicted and have increasingly become systemically chronic, while others are externally instigated. This book focuses on an aspect of those problems that are principally internal to Africa--the issue of corruption. The book picks out Zambia as a case study. Thus, the efficacy of the legal and institutional framework for fighting corruption in Zambia is examined. As an authoritative text on Zambian jurisprudence, this book brings out critically and analytically incisive legal perspectives. The book also makes reference to closely related developments in other jurisdictions. Weaknesses in the legal and institutional framework in Zambia are identified, and the book spells out proposals to strengthen the framework. "The book is an excellent attempt to set the record straight on the otherwise often confusing present situation in Zambia vis-a-vis the established legal and institutional mechanisms, which sometimes appear to compete against each other. This seems to work against the very raison d'etre or objective for which they were instituted. The book attempts to provide some solutions on how this could be avoided or overcome. ... It is a highly recommended work for people in other countries, especially developing ones, who are also involved in the fight against corruption to draw lessons from Zambia's attempt to rid itself from this scourge." - Dr. Mpazi Sinjela, LL.B (UNZA), LL.M, JSD (Yale) Dean, WIPO Worldwide Academy; Professor, (Visiting), Lund University and Raoul Wallenberg Institute (Sweden); Co-Director and Professor, Masters Degree Program in Intellectual Property, University of Turin, (Italy)

This book provides a comprehensive overview of capital punishment in the Australian colonies for the very first time. The author illuminates all aspects of the penalty, from shortcomings in execution technique, to the behaviour of the dying criminal, and the antics of the scaffold crowd. Mercy rates, execution numbers, and capital crimes are explored alongside the transition from public to private executions and the push to abolish the death penalty completely. Notions of culture and communication freely pollinate within a conceptual framework of penal change that explains the many transformations the death penalty underwent. A vast array of sources are assembled into one compelling argument that shows how the 'lesson' of the gallows was to be safeguarded, refined, and improved at all costs. This concise and engaging work will be a lasting resource for students, scholars, and general readers who want an in-depth understanding of a long feared punishment. Dr. Steven Anderson is a Visiting Research Fellow in the History Department at The University of Adelaide, Australia. His academic research explores the role of capital punishment in the Australian colonies by situating developments in these jurisdictions within global contexts and conceptual debates.

Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's 'all over', Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.

Violent video games are successfully marketed to and easily obtained by children and adolescents. Even the U.S. government distributes one such game, America's Army, through both the internet and its recruiting offices. Is there any scientific evidence to support the claims that violent games contribute to aggressive and violent behavior?
Anderson, Gentile, and Buckley first present an overview of empirical research on the effects of violent video games, and then add to this literature three new studies that fill the most important gaps. They update the traditional General Aggression Model to focus on both developmental processes and how media-violence exposure can increase the likelihood of aggressive and violent behavior in both short- and long-term contexts. Violent Video Game Effects on Children and Adolescents also reviews the history of these games' explosive growth, and explores the public policy options for controlling their distribution. Anderson et al. describe the reaction of the games industry to scientific findings that exposure to violent video games and other forms of media violence constitutes a significant risk factor for later aggressive and violent behavior. They argue that society should begin a more productive debate about whether to reduce the high rates of exposure to media violence, and delineate the public policy options that are likely be most effective.
As the first book to unite empirical research on and public policy options for violent video games, Violent Video Game Effects on Children and Adolescents will be an invaluable resource for student and professional researchers in social and developmental psychology and media studies.

Two centuries ago, the American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But over the last two centuries, lawyers have taken over the process, silencing victims and defendants and, in many cases, substituting a plea-bargaining system for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, interests, values, and powers.
In The Machinery of Criminal Justice, author Stephanos Bibas surveys these developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. These ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

This insightful book provides a unified repository of information on jihadist terrorism. Offering an integrated treatment of terrorist groups, zones of armed conflict and counter-terrorism responses from liberal democratic states, it presents fresh empirical perspectives on the origins and progression of conflict, and contemporary global measures to combat terrorist activity. Bringing together a multi-disciplinary team of scholars and professionals, the book examines the growth and activities of four key terrorist organizations: Al Qaeda, Islamic State, Hamas and Lashkar-e-Taiba. It discusses their theologies, motivations and the threat that they pose to liberal democracies through terrorist attacks. Chapters contain perspectives and case studies on zones of armed conflict in which terrorist organizations are being fought directly in Afghanistan, Iraq, Syria and Israel/Palestine, evaluating the historic roots of these conflicts and their evolution over time. It also examines national efforts in the US, the UK, France, India and Israel in combating terrorism, considering the preventative measures and activities of intelligence and security agencies through personal interviews conducted with service and retired professionals. Based on crucial empirical investigations conducted by intelligence professionals, scholars, research specialists and journalists, this is critical reading for researchers and advanced students in terrorism studies, international studies and conflict resolution, as well as those studying political science more broadly. It will also benefit policymakers and intelligence and law enforcement specialists in need of a comparative study of contemporary counter-terrorism responses.

When Governor Mitch Daniels (Indiana) compared testifying before Congress to getting a root canal, he was being polite. Sitting vulnerably at a witness table under hot television lights while members of the House or Senate stare down at you from above is not just intimidating; it can wreck your career, your company, and your credibility if you say the wrong thing.

As a practical guide to assist witnesses and their organizations in preparing and delivering Congressional testimony, this book is designed for use by anyone or any organization called upon to testify before a committee of Congress, and for those who are providing assistance in preparing the testimony and the witness. This book serves as a guide through the unique maze of the Congressional hearings process for virtually any witness or organization, including federal departments and agencies, the federal judiciary, members and staff of the legislative branch itself, associations, corporations, the military service branches, NGOs, private and voluntary organizations (PVOs), public interest entities, state and local governmental officials and institutions, and individuals who are chosen to appear as a witness before Congress for any reason on any topic.

Similarly, in the world of academics and scholarship, this reference work can be helpful to scholars and writers in think-tanks and research organizations, as well as to faculty, researchers and students engaged in the study of law, business, government, politics, political science and the legislative processes of government.

This book can also serve as a reliable reference source and helpful tool for law, lobbying, government relations, accounting, and other public policy-related service industry professionals who are involved with the Congressional hearings process on behalf of their clients', their customers' and their own public policy, legislative and government relations interests.

"Testifying Before Congress" demystifies the Congressional hearings process, and assists witnesses and their organizations to be well-prepared when appearing before a Congressional committee to testify.

The principles in this book may also be used by those preparing for hearings before federal agencies and international tribunals, as well as state and local governmental bodies. However, the major thrust of this work focuses on the distinct Congressional hearing process and its major elements.

More than 20 endorsers--who include one current and one former governor, a city mayor, corporate CEOs and industry leaders, directors of top law and lobbying organizations, the Chairman of Bank of America, several past and present top government officials and agency directors, a bar association president, law school deans and university leaders, and heads of non-governmental organizations (see all endorsements at the book's web site)-- strongly recommend this book for lobbyists, executives, associations, government officials, academics, and virtually anyone who is called to testify before Congress.

""Testifying Before Congress" is the best "how to" resource that I have seen -- it is well-researched, experience-based, and thoughtfully written, with a dash of humor added for good measure."
- Samuel M. Davis, Dean of the School of Law, The University of Mississippi

Full Table of Contents and endorsements at www.TCNTBC.com

This textbook provides students and law enforcement officers with the fundamentals of the criminal investigation process, from arrival on the scene to trial procedures. Written in a clear and simple style, Criminal Investigation: Law and Practice surpasses traditional texts by presenting a unique combination of legal, technical, and procedural aspects of the criminal investigation. The hands-on approach taken by the author helps to increase the learning experience.
Criminal Investigation: Law and Practice, Second Edition, has been written to provide future law enforcement officers with a basic understanding of the investigative process. It merges two areas that are crucial to the successful completion of an investigation: the law, both criminal and procedural, and criminal investigative techniques. It is writen to provide the student investigator with the information needed to complete and investigation that can result in a successful prosecution.
- comprehensive coverage of the criminal investigation, from arrival on the scene to trial procedures
-unique combination of legal, technical, and procedural aspects of criminal investigation
-many updated cases, many personally experienced by the author.

This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage but also those concerned with money laundering and serious organised crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analysed.

En este libro se analizan de manera breve las etapas del Procedimiento Criminal Ingles. De igual forma se hace especial referencia a ciertos topicos del Procedimiento Penal Mexicano. A juicio del autor, el estudio de dichos instrumentos juridicos nos sugiere la urgente necesidad de tomar todo lo bueno del Procedimiento criminal Ingles, para incorporarlos en las legislaciones de estados donde predominan Sistemas Procesal Penal Tradicional Latino, a fin de que en el futuro se conviertan en modelos de justicia Criminal similar al Ingles. El autor de buena fe invita a todos los paises emergentes y en vias de desarrollo con sistemas legales de tradicion Latina, soliciten apoyo Profesional a gobiernos de primer nivel, con especial referencia al Ingles, con el objeto de que las futuras generaciones cuenten con modelos legales mas apropiados en materia de justicia criminal, donde impere siempre la verdad y la justicia sobre todas las cosa. El autor aprovecha la ocasion para desear lo mejor de los exitos a todas aquellas naciones valientes y decididas que muy pronto emprendan la iniciativa de seguir sabiamente los consejos vertidos en la presente obra.

The fact that domestic violence is a serious and ongoing social problem has been well recognized since the women's movement made the hitherto private experience of violence against women in the home into a political issue in the 1960s and 1970s. In Australia, a major national prevalence study of violence against women conducted by the Australian Bureau of Statistics in 1996 found that 23% of women who had ever been married or in a de facto relationship-1.1 million women-had experienced violence from their partner at some stage during the relationship. Feminist legal scholarship, however, has highlighted the many failures of criminal law to respond adequately to women's experiences of domestic violence. Civil remedies for violence and abuse seem to offer better possibilities: there is a lower standard of proof, and the woman is the subject of her own action rather than merely being the object of proceedings. The availability of civil remedies has, in many cases, resulted from feminist campaigns to fill the gaps in protection left by the criminal law. It has also been argued that civil actions provide scope to change public discourses and legal understandings of violence against women. Listening to women's stories might force a revision of traditional conceptions and myths about what constitutes violence, its causes and effects, and "appropriate" reactions to it. This study investigates the ways in which women's experiences of domestic violence are heard and understood in civil court settings, and examines women's experiences of telling their stories (or at least attempting to do so) in those settings. The two areas on which the study focuses are intervention order proceedings in State Magistrates' Courts, and residence, contact, and property matters in the federal Family Court in Australia. The relevant legislation in the two jurisdictions is either partly or wholly a product of feminist legal activism. The study, therefore, seeks to determine whether the feminist claim that the criminal law silences women also pertains in the context of new civil claims specifically designed to respond to women's experiences. The general history and theory of law reform suggests that reforms often strike problems in the process of implementation. But because law does not operate monolithically, the exact nature of those problems is not necessarily predictable. In the context of this study, implementation problems may arise from social and legal discourses about domestic violence and about victims of violence which tend to operate constantly across the legal system, and/or they may arise from the particular rules and structures found in each institutional setting. There is thus a need for detailed examination and analysis of how these various elements operate and interact in different court settings. In undertaking this task, the study has two objectives. First, it draws conclusions about the nature of implementation problems in the two jurisdictions in order to inform future feminist activism around violence against women. Secondly, it makes a more general point about the importance of procedure in feminist legal theory and praxis. In Australia in particular, feminist legal scholars and advocates have placed a heavy emphasis on doctrinal revision and have largely ignored issues of implementation. The study argues that procedure (conceived broadly to encompass the what, where, how, and who of legal proceedings) crucially shapes women's experience of the legal process, and is neglected by feminists at their peril. This book will be of interest to feminist jurisprudence and law and society scholars and researchers, and to activists and advocates in the field of domestic violence.