After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context.
In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.

Taking effective witness statements is a practical book on crime investigations with reference to the role of witness statements in such investigations. The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking effective witness statements focuses on different forms of witness statements and deals with: Requirements for a good statement; Characteristics of a good statement; Practical layout and format of a statement; Language in which a statement is taken; Mistakes made by investigators when writing a statement; Professional aspects that investigators must satisfy to meet requirements.

This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.

Principles of Market Abuse Regulation: A Comparative South African Perspective arguably offers the most comprehensive study of the regulation and enforcement of anti-market abuse laws in South Africa today. Accordingly, the book examines the regulation of the South African securities and financial markets to identify the strengths and weaknesses of the country's anti-market abuse laws. In this regard, the book provides that inadequate and inconsistent regulation of the securities and financial markets could give rise to low investor confidence, market volatility and poor market integrity. The author traces the regulation of market abuse under the Financial Markets Act 19 of 2012 and recommends measures that could enhance the combating of market abuse in the South African securities and financial markets. The Financial Sector Regulation Act 9 of 2017, which is set to expand the mandate of the Financial Services Board, is also considered. The global financial crisis of 2007-2009 provides context for the book. Events covered include South African and American international banks' collusion and market manipulation involving price-fixing, market allocation and rigging in the trading of foreign currency pairs of the South African rand since 2007.

This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination of the reasons why justice is required to be carried out in the open, the values served by open justice, and the tensions that exist between it and the pressures of modern, mass media.

Should public opinion determine-or even influence-sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

Crime in the United States has fluctuated considerably over the past thirty years, as have the policy approaches to deal with it. During this time criminologists and other scholars have helped to shed light on the role of incarceration, prevention, drugs, guns, policing, and numerous other aspects to crime control. Yet the latest research is rarely heard in public discussions and is often missing from the desks of policymakers. This book accessibly summarizes the latest scientific information on the causes of crime and evidence about what does and does not work to control it.
Thoroughly revised and updated, this new version of Crime and Public Policy will include twenty chapters and five new substantial entries. As with previous editions, each essay reviews the existing literature, discusses the methodological rigor of the studies, identifies what policies and programs the studies suggest, and then points to policies now implemented that fail to reflect the evidence. The chapters cover the principle institutions of the criminal justice system (juvenile justice, police, prisons, probation and parole, sentencing), how broader aspects of social life inhibit or encourage crime (biology, schools, families, communities), and topics currently generating a great deal of attention (criminal activities of gangs, sex offenders, prisoner reentry, changing crime rates).
With contributions from trusted, leading scholars, Crime and Public Policy offers the most comprehensive and balanced guide to how the latest and best social science research informs the understanding of crime and its control for policymakers, community leaders, and students of crime and criminal justice.

A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.

This work provides readers with an authoritative resource for understanding the true extent and nature of gun violence in America, examining the veracity of claims and counterclaims about mass shootings, gun laws, and public attitudes about gun control. This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. Each book in the Contemporary Debates series is intended to puncture rather than perpetuate myths that diminish our understanding of important policies and positions; to provide needed context for misleading statements and claims; and to confirm the factual accuracy of other assertions. This particular volume examines beliefs, claims, and myths about gun violence, gun laws, and gun rights in the United States. Issues covered in the book include trends in firearm violence, mass shootings, the impact of gun ownership on rates and types of crime, regulations and Supreme Court decisions regarding gun control and the Second Amendment, and the activities and influence of organizations ranging from the National Rifle Association to Everytown for Gun Safety. All of these topics are examined in individualized entries, with objective responses grounded in up-to-date evidence. Easy-to-navigate Q&A format Quantifiable data from respected sources as the foundation for examining every issue Extensive Further Reading sections for each entry providing readers with leads to conduct further research Examinations of claims made by individuals and groups of all political backgrounds and ideologies

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.

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.

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.

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 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.

This thought-provoking work raises important questions about sex offender laws, drawing from personal stories, research, and data to prove the policies promote fear, destroy lives, and fail to protect children. Do sex offender laws protect children, or are they inherently unfair practices that, at their worst, promote vigilante justice? The latter, this book argues. By analyzing the social, political, historical, and cultural context surrounding the emergence of current sex offender policies and laws, the work shows how sex offenders have come to loom as greater-than-life monsters when, in many cases, that is not true at all. Looking at its subject from a fresh viewpoint, the book shares research and new analyses of data and qualitative evidence to show how sex-offender laws are not only ineffective, but engender destructive fear and anxiety. To help readers understand the impact of these laws, the author presents interviews with sex offenders and their families as they describe the day-to-day reality of living on the sex offender registry. Citing research and statistics, the book challenges the idea that sex offenders must be continually monitored and publicly identified because they are incurably predatory. Most important, the study shows that undue sex offender panic is preventing policymakers from addressing the true threats to children-poverty and growing inequality. Provides research-based evidence that the mean-spirited and panic-driven sex offender laws, aimed at branding a group of offenders as inhuman and unworthy of civil liberties and human rights, increases fear, destroys the lives of offenders and their families, and fails to protect children Shows that emphasizing sex offenders and stranger-danger as the primary threat to child well-being and safety prevents focus on and attention to policies that prevent far more pervasive forms of child abuse, such as physical abuse, neglect, and maltreatment Analyzes the sociohistorical context surrounding the emergence of current draconian sex offender policies Challenges the idea that sex offenders must be continually monitored and publicly identified Tells the stories of convicted sex offenders and their families and how they survive in a society that views them as the "worst of the worst"