A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual's imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today's most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in "the case of the headless baby") because their cases did not bear the label "habeas corpus." The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.

For more than three centuries the criminal law has given rise to a divergent set of approaches to the crime of homicide. Whereas the law of murder has not conceptually changed,the crime of manslaughter has resulted in some forms of homicide being visited with relatively minor penalties. These various categories of unlawful killing present considerable problems relating to intention, or lack of it, and the culpability of those whose behaviour, while lacking in evident malice, is characterised by the grossest recklessness. The reaction of the relatives of victims is generally simpler. They frequently find it impossible to understand how those who kill by dangerous or drunken driving may receive comparatively lenient sentences, while those convicted of manslaughter following a drunken brawl may be dealt with more severely, and yet others, convicted of so-called 'mercy killings', are subject to the mandatory penalty of life imprisonment. This book addresses the powerful and controversial arguments for the current distinctions between murder, manslaughter and other specific categories of crime to be abolished and subsumed within a single crime of culpable homicide. In the course of this analysis the authors consider a number of issues of great contemporary importance, including the presentation of expert evidence in cases involving unexplained infant death, corporate killing, and the question of the defences available to the accused, including self-defence and provocation, where popular notions of what is reasonable or justifiable may be at variance with legal precedent. While this book aims to consider criminal homicide in its social, historical and legal setting, it also goes far beyond in setting out the case for radical reform.

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.

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.

This book addresses public safety and security from a holistic and visionary perspective. For the first time, safety and security organizations, as well as their administration, are brought together into an integrated work.
The protection of persons and property involves many public agencies and priivate organizations. Entities from the criminal jutics system (law enforcement, courts, corrections) as well as the fire service, private security and hazardous materials all contribute to public safety and security. This book addresses these entities, as well as safety and security issues, from a holistic and visionary perspective. It addresses criminal and non-criminal safety and security concerns, provides an overview of each entity (component) of the system of public safety and security, presents an overview of the administration process involved in planning, organizing, managing and evaluating public safety and security organizations and describes collateral functions of investigations, documentation and report writing.
Public safety and security organizations should not work in isolation. Rather, they should collaborate to protect persons and property. This book represents the first time all the public safety and security entities have been addressed in one text.

Focuses on the theories, concepts, practices and problems related to the present and future of public safety and security
Examines different strategies for problem solving which personnel working in the field may utilize
Synthesizes college-level lectures prepared, presented, and updated by the author over the past twenty years

Many advocates of euthanasia consider the criminal law to be an inappropriate medium to adjudicate the profound ethical and humanitarian dilemmas associated with end of life decisions. Euthanasia, Death with Dignity and the Law examines the legal response to euthanasia and end of life decisions and considers whether legal reform is an appropriate response to calls for euthanasia to be more readily available as a mechanism for providing death with dignity. Through an analysis of consent to treatment, living wills and autonomous medical decision making, euthanasia is carefully located within its legal, medical, and social contexts. This book focuses on the impact of euthanasia on the dignity of both the recipient and the practitioner while emphasizing the legal, professional, and ethical implications of euthanasia and its significance for the exercise of clinical discretion. It will provide a valuable addition to the euthanasia debate.

High profile miscarriages of justice have become the focus of much recent writing on criminal justice. Such literature ignores an important paradox: when justice is contested and uncertain, how can we speak meaningfully of miscarriage of justice? This book addresses this question, and finds an answer to it in the relationship between the legal construction of criminal justice, most notably that of trials and appeals, and the reporting of these in the media.

From remarkably frank and credible responses to their comprehensive research questionnaire, Tian and Keep provide a unique, wide ranging catalogue of frauds that customers perpetrate on businesses--and what marketers can do to combat it. They were able to receive and analyze more than 250 written descriptions--"a 71% response rate "--of the acts that customers committed and the methods they used. Instead of merely a checklist, Tian and Keep obtained their data in the customers' own words, resulting in highly detailed and reliable insights into why customers did what they did. They find that customer fraud has emerged as a form of guerilla warfare against companies, that it is adapted to specific situations, and that underlying customers' motivation is a need to get even. Ethics has little do with it. In fact, some respondents even asserted that they had an obligation to commit fraud: they did it to retaliate against what they perceived as unethical acts that businesses committed against them. The result is a rare documentation of the specifics of fraud, how it threatens not only business but entire economies, and the actions--bold and subtle--that marketers can take in self-protective response.

Not only will corporate management, particularly in marketing, get detailed descriptions of their customers' fraud strategies and tactics, but they will also receive insights into where they are vulnerable and why. Tian and Keep show that fraud has become so socially acceptable among middle class customers that they are willing to share their tactics, strategies, and secrets with their friends. With this as their foundation, the authors give practitioners an arsenal of detection and deterrence methods. Equally important, they provide ways to implement them without alienating their other, blameless customers. They also show marketers what they can do to reestablish trust in their marketing exchanges with customers, and improve relationships in ways that will diminish (if not fully eliminate) the incidence of fraud. For management generally as well as marketers in companies of all sizes and type, Tian's and Keep's book is essential, engrossing, and useful reading.

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux preparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Across Europe, restorative justice has gained acceptance as a way of resolving disputes and mitigating the harm of crime in the community. Practitioners have also begun to coordinate restorative meetings in prisons in an effort to reduce the harms of victimisation and to encourage desistance from crime. This book provides a comprehensive evaluation of Building Bridges, a programme of restorative meetings between victims and prisoners in seven European countries. The authors first describe how participation affected victims and offenders. Then, through case studies in three countries, they frame the social-ecological contexts of the programmes, discussing the organisational and socio-political factors that influenced how these programmes were delivered and what is necessary for them to be sustained. Funded by the European Commission, this evaluation is essential reading for practitioners and policy-makers interested in restorative justice and prisons. It offers important insights into the potential of restorative approaches for victims and offenders and reveals the organisational and cultural obstacles to be overcome before restorative justice is a regular feature of prisons in Europe.

This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe a-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.

This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law.

This ambitious multidisciplinary volume surveys the science, forensics, politics, and ethics involved in responding to missing persons cases. International experts across the physical and social sciences offer data, case examples, and insights on best practices, new methods, and emerging specialties that may be employed in investigations. Topics such as secondary victimization, privacy issues, DNA identification, and the challenges of finding victims of war and genocide highlight the uncertainties and complexities surrounding these cases as well as possibilities for location and recovery. This diverse presentation will assist professionals in accessing new ideas, collaborating with colleagues, and handling missing persons cases with greater efficiency-and potentially greater certainty. Among the Handbook's topics: *A profile of missing persons: some key findings for police officers. *Missing persons investigations and identification: issues of scale, infrastructure, and political will. *Pregnancy and parenting among runaway and homeless young women. *Estimating the appearance of the missing: forensic age progression in the search for missing persons. *The use of trace evidence in missing persons investigations. *The Investigation of historic missing persons cases: genocide and "conflict time" human rights abuses. The depth and scope of its expertise make the Handbook of Missing Persons useful for criminal justice and forensic professionals, health care and mental health professionals, social scientists, legal professionals, policy leaders, community leaders, and military personnel, as well as for the general public.

This book is a rigorous attempt to address the problem of corruption by using various methodologies and perspectives. Among other innovative mechanisms, Soreide proposes to extend responsibility to those who benefit indirectly from corruption. She also suggests extending the duties of private actors to help the government in addressing corruption. She discusses the nature of sanctions and she proposes empowering courts to debar suppliers for public contracts. Soreide's analysis is careful, attentive to the evidence, and provides practical solutions to some of the most difficult challenges facing contemporary societies. This book should be read and influence theorists, economists, lawyers, government officials and policymakers.' - Alon Harel, The Hebrew University of Jerusalem, IsraelCriminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Soreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming 'facade strategies' that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.

This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives. Among the topics examined are the role of hate speech in the persecutions of Jews and Asians during World War II, in the subordination of Blacks, Native Americans, and women, and the pros and cons of the legal controls on hate speech adopted in such countries as Australia, Canada, and Israel. The section on American constitutional law features several proposed statutes outlawing hate speech, along with model court opinions supporting and attacking their constitutionality. The volume will be of great interest to scholars and students in the areas of intergroup relations and constitutional law as well as policy makers.

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

In 1992, the Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil- and commercial-court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation for worldwide business. The Task Force included representatives from the Asia Pacific region, Canada, Europe, the United Kingdom and the United States. The project was divided into three stages: fundamentals of commercial litigation, problems and consequences, and solutions and proposals for change. Arising from six years of study and effort by the Task Force, this book includes chapters on the Asia Pacific region (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, the Netherlands, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a study of the various court systems throughout the world, and problems and consequences of commercial litigation, together with analysis of proposed solutions.

The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice. What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a 'preventive' impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR's case law when handling and deciding cases. The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions.