South African criminal law has accepted that it is only fair to punish those who - if they do wrong - are responsible for doing wrong. Responsibility - that the accused must be blameworthy - finds expression in several specific requirements of South African criminal law: voluntariness, fault, and, in particular, capacity, into which the `insanity' defence falls. The Responsible Mind in South African Criminal Law critically analyses these requirements, and includes an empirical component in this analysis. The book also identifies and critically analyses the underlying model of responsibility adopted in our law and considers the alternatives. The conclusion from the empirical component and critical analysis is that the specific requirements are unclear and even incoherent, and that this is a function of the underlying model of responsibility, which identifies random capricious and arbitrary conduct as responsible conduct. Alternative models of responsibility are discussed, and a `compatibilist' model of reason sensitivity is selected as a better foundation for criminal responsibility. The Responsible Mind in South African Criminal Law discusses the implications of adopting this model for the various specific requirements of South African criminal law and proposes appropriate modifications. Ultimately a new model of criminal responsibility and a revised set of specific requirements are proposed, together with a proposed new statutory test for responsibility.

John Rebus stands accused: on trial for a crime that could put him behind bars for the rest of his life. Although it's not the first time the legendary detective has taken the law into his own hands, it might be the last. What drove a good man to cross the line? Or have times changed, and the rules with them? Detective Inspector Siobhan Clarke faces Edinburgh's most explosive case in years, as a corrupt cop goes missing after claiming to harbour secrets that could sink the city's police force. But in this investigation, it seems all roads lead to Rebus - and Clarke's twin loyalties to the public and the police will be tested to their limit. A reckoning is coming - and John Rebus may be hearing the call for last orders...

In April 2021, the Court of Appeal quashed the convictions of 39 former Subpostmasters and ruled their prosecutions were an affront to the public conscience. They were just a few of the hundreds who had been prosecuted by the Post Office using IT evidence from an unreliable computer system called Horizon. When the Post Office became aware that Horizon didn't work properly, it covered it up. The Great Post Office Scandal is the story of how these innocent people had their lives ruined by a once-loved national institution and how, against overwhelming odds, they fought back to clear their names. Gripping, heart-breaking and enlightening, The Great Post Office Scandal should be read by everyone who wants to understand how this massive miscarriage of justice was allowed to happen.

In this timely Research Agenda, Barry Rider has assembled a cast of internationally renowned experts to identify the most pressing questions and issues around financial crime, helping to inform our understanding of how best to protect our economies and financial institutions. The book begins by considering what is meant by the term financial crime, addressing how and to whom it causes harm, the ways in which we might evaluate its incidence and impact, and the increasing relevance of measures designed to disrupt economically motivated criminals. Chapters explore the various factors that have led to the rise of financial crime in recent decades, from advances in technology to the practical issues in effective prevention and interdiction. Bringing together an array of perspectives from experts in law, criminology, and regulation and compliance, the book ultimately advances multiple agendas for future research to enhance our understanding of financial crime and better promote its prevention, containment, and management. This incisive Research Agenda will be an invaluable resource for scholars of law, criminology, management studies, and compliance and risk. Its practical insights will also benefit criminal and regulatory lawyers, as well as legislators and researchers involved in the protection of their economies and financial institutions against financial crime.

This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law. Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

Evidential Aspects of Law Enforcement will assist law enforcement officers with gaining a clear understanding of the legal principles involved in the gathering of evidence, whether on crime scenes or during further investigations. A successful prosecution depends on the value of the evidence gathered from the moment that the crime was reported. Evidential Aspects of Law Enforcement addresses the law of evidence and aspects of the law of criminal procedure that relate to the law of evidence. The book also explains the importance of effecting an arrest to facilitate the gathering of evidence from a suspect (such as fingerprints and DNA), and how the conduct of the enforcement officer may affect investigations. Evidential Aspects of Law Enforcement explains technical legal terms in a straightforward and practical way, and contains the information that all law enforcement officers require to perform their duties effectively.

This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading and shared responsibility. Christopher Harding and Alison Cronin reflect on the attempts that have been made globally to use criminal law and other methods of formal legal control, as well as more flexible and innovative approaches under the heading of 'regulation', to address the problem of bad business practice. The book argues for a return to first principles and that the possibility of a reconfiguration of economic ordering and market and trading culture should be considered; as business malpractice is largely inherent in the dominant capitalist model, that model is in need of repurposing and reform. Taking an interdisciplinary approach, this book will be a valuable resource for scholars and students of law with a focus on business, commercial law and criminal law, in addition to researchers of corporate governance and public administration and management. Its critical arguments will also benefit NGOs, business professionals and campaign groups.

This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU's approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls. Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future. This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU's Area of Freedom, Security and Justice will also benefit from this book's practical insights into the mechanisms of EU law and justice.

Child Offenders in South African Criminal Justice: Concepts and Process explains the Child Justice Act 75 of 2008 for the various sectors involved in the administration of child justice in South Africa. The book presents the aims and objectives of the Act and then explains the difference between adversarial and inquisitorial criminal procedure, which is relevant to preliminary inquiries. The authors examine the role played in the child justice process by members of the South Africa Police Service, the National Prosecuting Authority, probation officers, the court of preliminary inquiry, the child justice court and correctional services. Child offenders in South African Criminal Justice: Concepts and Process contains a CD with useful diagrams detailing various child justice processes and flow charts of the various stages of the proceedings. The Forms from the Regulations to the Child Justice Act 75 of 2008 and National Instruction 2 of 2010 are provided for the reader as appendixes to the book.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation. Chapters address the traditional objects of inquiry of the criminal justice system - policing, prosecution and prisons - while also offering reflections on surveillance, the rise of risk within justice and algorithmic justice. They discuss transnational crimes and misbehaviours, such as breaches of human rights, environmental degradation and irregular migration, and examine interactions and flows between the national and the international on issues such as the death penalty, terrorism and juvenile justice. The Research Handbook also analyses crimes and behaviours associated with the 'dark side' of globalisation, providing a critical discussion of proposed remedies for the problems posed by globalisation. Probing the connections between globalisation and criminal policy, this innovative Research Handbook will be an ideal read for scholars and students of comparative criminal justice or comparative criminology. Academics in cognate disciplines such as law, sociology, politics and anthropology will also benefit from this resource.

This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.

This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform. Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion. Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.

This insightful book critically explores the political, constitutional, legal, and economic challenges of effectively combating the laundering of the proceeds of crime by politically exposed persons (PEPs) in Africa. Professor John Hatchard draws on numerous recent examples from Africa and beyond, arguing that a three-pronged approach is required to address the issues surrounding money laundering by PEPs; there must be action at the national, transnational, and corporate levels. Taking a forward-thinking perspective, he reviews the strategies which would make this approach effective and offers suggestions for their further enhancement. Professor Hatchard also provides an in-depth analysis of the different money laundering techniques used in African countries and suggests how constitutions, financial intelligence units, asset recovery mechanisms, and the African Court of Justice and Human Rights can be utilised to tackle the problem. The book concludes that while challenges remain, there is cause for optimism that money laundering by African PEPs can be addressed successfully. This book will be of interest to academics and students of law, particularly those focusing on financial law, corruption, and economic crime. Containing a wealth of practical case studies, it will also be beneficial for legal practitioners, policymakers, public officials, and civil society organisations.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases. Key features include: An in-depth examination of cases that are described only superficially in the media Comparative analysis of headline crimes and the evolving issues of crime, punishment and justice Detailed exploration of 11 landmark criminal cases including the trials of Amanda Knox, Mike Tyson and O.J. Simpson. The Advanced Introduction to Landmark Criminal Cases will be a key resource for students and scholars of criminal law and justice. It will also make an interesting read for lawyers and those interested in the famous trials of the last century.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This insightful Research Agenda explores the varied manifestations of organised crime, both on the street and through transnational enterprises, and reveals its impact on the integrity of the financial system. Leading academics identify measures which would disrupt and discourage these threats, however sophisticated, and consider avenues for future research. Taking an interdisciplinary approach to the multi-faceted dangers posed by organised crime, the book begins with an overview of the misconceptions surrounding the topic, evaluating the limitations of the traditional justice system in addressing corruption and conspiracy. Progressive chapters illustrate a practical knowledge of addressing such threats, identifying new directions for the study of concepts such as organised crime and power, as well as tackling the ways in which enterprises use money laundering to clean their proceeds. They also point to ways in which the law will need to develop to address the opportunities for cyber-enabled crime facilitated by recent technological developments. An engaging platform for future scholarship, this topical Research Agenda will prove a thought-provoking read for academics and policymakers in the areas of criminal justice law, criminology, corruption, and economic crime.

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development. Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices. Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.

Making a timely contribution to the legal literature, this important book discusses an under-analysed issue of great importance to international peace and security. It provides a comprehensive overview and analysis of the prevention of nuclear terrorism specifically through an international (arms control) law lens. Jonathan Herbach sets out a basis for better understanding how the international legal framework for nuclear security is structured and why it is structured that way, and offers a critical analysis of the component instruments that make up the framework. He highlights the strengths and analyzes possible gaps and weaknesses of these instruments and the legal framework as a whole, as well as explaining the framework's key characteristics, approaches and rationale. As nuclear security is by no means a static topic, with changing circumstances a defining feature of the area, the book also offers ideas for the path forward and conceptualizes ways to further strengthen the nuclear security legal framework. Offering a fresh perspective on the prevention of nuclear terrorism, this book will benefit academics and students of public international law, counter-terrorism and conflict and security law. It will also be a useful resource for governmental legal advisors, think-tanks and diplomats to inform their work on means and mechanisms to help strengthen the global nuclear security regime and to provide guidance for decision-making.

Across the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community. This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation. This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.