Gun control is one of the most enduringly controversial issues in modern American politics. For the first time this book compiles a comprehensive array of documents that explain and illuminate the historical and contemporary context of the modern gun debate. Bringing together over 50 documents from the colonial era to the present, including early colonial laws, founding documents, letters, political debates, federal and state laws, federal and state court cases, and various political documents, this book is an indispensable reference work for those seeking to understand the origins and modern consequences of American gun policy, including the Second Amendment's right to keep and bear arms. Accompanying commentary and analysis is included to help the reader fully understand the meaning of these documents. Numerous bibliographic sources provide additional resources for interested readers. Ideal for undergraduate and high school students, this collection of primary documents surrounding one of America's oldest controversial issues is a must-have for library shelves.

Contrary to popular impression, gun laws are as old as the country, and reflect the intersection of citizens' personal gun habits and the country's early need to defend itself by citizen militias who were required to arm themselves. The nation's gun policies evolved as its needs and resources changed. Old-style militias gave way to a modern professional American military, and the settling of the American frontier ushered in modern gun laws. In the past century, political assassinations and gun-related mass violence spurred both new gun control efforts and a burgeoning modern gun rights movement. Students will be able to read and analyze primary documents surrounding these events, including the Federalist Papers, early hunting laws, Supreme Court rulings, federal and state regulations, and recent political platform statements. Ideal for undergraduate and high school students, this collection of primary documents surrounding one of America's oldest controversial issues is a must-have for library shelves.

In addition to advising judicial decision-makers by assessing such issues as pre-trial competency, insanity, and dangerousness, mental health professionals working in criminal justice system settings manage and treat mentally ill and substance abusing offenders on a daily basis. This work may involve either institutional treatments or community-based programs. The purpose of this bibliography is to collect the professional literature from numerous disciplines, including psychology, psychiatry, nursing, education, and social work, that addresses the theoretical, empirical, and practice-related issues encountered by mental health researchers and practitioners in developing and providing services to mentally ill and substance abusing offenders in criminal justice system settings. There are over 1250 annotated citations and author and subject indexes to facilitate access to the resources listed.

This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zurich.

This innovative collection presents original theoretical analyses and previously unpublished empirical research on criminal victimisation. Following an overview of the development and deficiencies of victimology,subsequent chapters present more detailed challenges to stereotypical conceptions of victimisation through their focus on: male victims of domestic violence; victims of male-on-male rape; corporate victims; and the 'victim-offenders' who are the recipients of IRA punishment beatings. The second half of the book considers criminal justice responses to victimisation, focusing in particular on the potential of, and limits to, restorative justice, the social (and gendered) construction of the victim within contested trials and the exclusionary nature of current 'victim-centred' initiatives. This important book will further the debate on how we conceptualise victims as well as their appropriate role within the criminal justice system. New Visions of Crime Victims will be of interest to academics, students, criminal justice practitioners and policy-makers. It has particular implications for scholarship in the fields of victimology, restorative justice and feminist approaches to criminology and criminal justice. The integration of work by established criminologists, such as Carolyn Hoyle, Paul Rock, Andrew Sanders and Richard Young with that of young, previously unpublished scholars, makes for an interesting and stimulating book. As well as being a valuable addition to the literature, it can be used to support undergraduate and postgraduate courses in criminal justice and criminology.

The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.

Iran has one of the highest rates of road traffic accidents worldwide and according to a recent UNICEF report, the current rate of road accidents in Iran is 20 times more than the world average. Using extensive interviews with a variety of Iranians from a range of backgrounds, this book explores their dangerous driving habits and the explanations for their disregard for traffic laws. It argues that Iranians' driving behaviour is an indicator of how they have historically related to each other and to their society at large, and how they have maintained a form of social order through law, culture and religion. By considering how ordinary Iranians experience the traffic problem in their cities and how they describe traffic rules, laws, authorities and the rights of other citizens, Driving Culture in Iran provides an original and valuable insight into Iranian legal, social and political culture.

This book is distinctive in at least three ways. Firstly, the authors approach economic crime in Russia without its a priori stigmatization as part of the general `criminalization' of the economy. Rather they view it as a generic response to and integral part of the post-Soviet transition, and analyze the role of economic crime in the functioning/subverting of state, market and civil society institutions in the new Russia. Secondly, the book reveals the latent constituents of economic crime -- the customary practices which are so widespread that they become commonly accepted or tolerated in society, but at the same time constitute and nurture an environment for economic crime. Thirdly, it offers clues for solving some of Russia's paradoxes: How do people survive if wages are not paid on time or in full, and even when paid, are still inadequate for basic living standards? If the rule of law does not rule, then what does? What are the rules of the alleged Russian disorder? How is it possible to combat corruption in a society where supposedly no agency or institution is free from it? Most forms of Russian economic crime in the 1990s are examined in this book. The authors demonstrate how change and continuity are both factors which are crucial to an understanding of the post-Soviet order and to account for the difficulties of democratization and marketization in Russia. This work challenges the supposed transparency of the post-Soviet Russian economy for the outside world and shows how the Russian economy really works. The idea for this book arose out of the East European Regional Programme at the 16th International Symposium on Economic Crime, held at Jesus College in Cambridge in September 1998. It includes papers presented at the Symposium together with new papers commissioned especially for this volume.

Nigeria is the most dynamic country on the African continent. Yet the legacy of colonialism, deep-rooted corruption, exposure to climate change and the proliferation of small arms have created a precarious security situation that holds back the country's potential for peace and prosperity. Security in Nigeria explores the many security threats facing Nigeria and assesses the government's responses to date. With contributors spanning three continents, it provides an original and comprehensive analysis of 'old' and 'new' security threats and offers original solutions to address the crisis.

Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian, and New Zealand case law.

Antoinette Bosco's heart was crushed when Shadow Clark murdered her son John and his wife Nancy. In time her grief transformed into forgiveness. Toni felt that to want one more unnatural death would be wrong. "I could say that the 18-year -old who ended the lives of my children with an 8mm semiautomatic must be punished for life but I could not say, kill this killer". Toni chose mercy over vengeance, and again her life changed forever.

Today she is widely known as an opponent of capital punishment in this the only modern Western nation that retains executions. In telling her dramatic journey she presents compelling arguments why the death penalty does not work and is morally wrong. She also shares unforgettable true stories form parents such as Dominick Dunne who suffered through similar experiences but also learned to choose love over fear.

Choosing Mercy is timely, gut-honest, and inspiring. It may not change some people's minds but it will begin to change their hearts.

Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences.

This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts' control over criminal acts.

Private Security Law: Case Studies is uniquely designed for the special needs of private security practitioners, students, and instructors. Part One of the book encompasses negligence, intentional torts, agency contracts, alarms, and damages. Part Two covers authority of the private citizen, deprivation of rights, and entrapment.
The factual cases presented in this book touch on the everyday duties of persons associated with the private security industry. Private Security Law: Case Studies provides a basic orientation to problems capable of inciting litigation. The information presented through case laws comes from cases chosen for their factual, realistic, and practical connection to the private security industry. This focused approach addresses specific problem areas of the industry and provides information necessary to a security manager to avert future loss.
Specially designed for private security practitioners, instructors, and students.
Examines cases that are practical, realistic and relevant to specific areas of private security.
Provides the information security managers need to avoid future problems.

The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute-the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.

Through studies of beheaded Irish traitors, smugglers hung in chains on the English coast, suicides subjected to the surgeon's knife in Dresden and the burial of executed Nazi war criminals, this volume provides a fresh perspective on the history of capital punishment. The chapters 'Introduction: A Global History of Execution and the Criminal Corpse' and 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' are open access under a CC BY 4.0 license.

This third and final volume of Richard Jessor's collected works explores the central role of the social context in the formulation and application of Problem Behavior Theory. It discusses the effect of the social environment, especially the social context of disadvantage and limited opportunity, on adolescent behavior, health, and development. The book examines the application of the theory in social contexts as diverse as the inner cities of the United States; the slums of Nairobi, Kenya; and the urban settings of Beijing, China. It also provides insight into how adolescents and young adults manage to "succeed", despite disadvantage, limited opportunity, and even dangers in their everyday life settings. It illuminates how these youth manage to stay on track in school, avoid unintended pregnancy and dropout, keep clear of the criminal justice system, and remain uninvolved in heavy drug use. In addition, the book discusses the conceptual and methodological issues entailed in engaging the social context, including the role of subjectivity and meaning in an objective behavioral science; the contribution of the perceived environment in determining behavior; the continuity that characterizes adolescent growth and development; the necessity for a social-psychological level of analysis that avoids reductionism; the importance of a framework that engages the larger social environment; and the advantage of adhering to systematic theory for the explanatory generality it yields. Topics featured in this volume include: Home-leaving and its occurrence among youth in impoverished circumstances. The continuity of adolescent developmental change. The impact of neighborhood disadvantage on successful adolescent development. Successful adolescence in the slums of Nairobi, Kenya. Explaining both behavior and development in the language of social psychology. Problem Behavior Theory and the Social Context is a must-have resource for researchers, professors, clinicians, and related professionals as well as graduate students in sociology, social and developmental psychology, criminology/criminal justice, public health, and allied disciplines.

The controversial topic of sexual harassment in the United States is explored in this unique collection of over 90 documents. The political and social aspects of the concept of sexual harassment are examined through such documents as legal cases that defined and prohibited sexual harassment, government documents, major studies, and newspaper accounts of major developments concerning sexual harassment. Each document is accompanied by an explanatory introduction to help high school and college students understand how that particular document fits into larger trends, while also making it more accessible to the reader.

The question of what sexual harassment is and how we have developed an awareness of the concept in the late twentieth century is explored in detail in six separate sections. The first section reviews the definition of sexual harassment and why it is considered illegal. The next three sections investigate sexual harassment as it has arisen in three contexts: employment, the military, and education. The fifth section examines the ways laws have been expanding beyond the areas of employment, the military and education. The final section provides the most current rulings of the Supreme Court involving sexual harassment. These six sections provide a comprehensive history that explores legal prohibitions on sexual harassment, setting forth important historical cases, while focusing on current areas of controversy, such as same-sex sexual harassment and free speech issues.

This volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, focuses on EU criminal law and transnational police co-operation. Against the background of the most important changes introduced by the Lisbon Treaty in the area of criminal law and police co-operation, this volume is divided into four main sections. Each section analyses some specific challenges. The first section includes a critical analysis of the boundaries of the new criminal law competencies, as well as some more general challenges for EU criminal law. Specific focus is set on the lawmaking process. The second section deals with EU criminal law and fundamental rights, in particular the protection of personal data and individual privacy. In this section, focus is on the implementation of EU law into national legal orders and the challenges that this process brings with it. The third section maps out specific challenges in transnational police co-operation, in particular, the important issue of sharing of information between law enforcement agencies and its potential impact on the protection of fundamental rights. In the fourth section, focus is shifted toward networks, horizontal agency and multi-level co-operation in a wider sense within the area of freedom, security and justice.

A survey of the changing and charged relationship between pornography and legislation in 20th century America. Groups battling pornography must demonstrate that the products they seek to ban are truly obscene and not legitimately protected by the First Amendment-a requirement that often leads to public debate and controversy. Author Thomas C. Mackey thoroughly examines the problems and issues in public policymaking, legal precedents, and the people behind them. After a brief historical background, Pornography on Trial surveys and analyzes the leading issues and case law on obscenity from l957 to the present. Half the book consists of documents-judicial opinions-from key cases. There are biographical sketches of key people, laws, and concepts from Judge Learned Hand and the Hicklin test to Chief Justice Sir Alexander James Edmund Cockburn's judicial definition of obscenity from l868. The book also includes a chronology, a table of cases, and an annotated bibliography. Four narrative chapters discuss pornography in historical context from the founding of the United States Includes a documents section with court cases, statutes, law reviews, and historical journal articles as well as a chronology of the development of free speech law

This book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms - or anti-constitutional practices - from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or post-graduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counterterrorism, and related questions of individual rights. Contributors: O. Bassok, D. Cole, K. Cooper, J. Daskal, E. de Wet, B. Dickson, A. Ejima, S. Ellmann, F. Fabbrini, L. Garlicki, J. Hafetz, V.J. Jackson, C.C. Murphy, M. Scheinin, K.L. Scheppele, A. Su, C. Walker

In recent years,a number of key terms of the criminal law have seemed to defy definition. Scepticism over the possibility of defining basic concepts and identifying general principles has been voiced by both judges and academic commentators. This raises broad issues of theoretical interest, but also touches on such practical concerns as the efforts made by the Law Commission to reform the law as well as wider proposals for the codification of criminal law. Furthermore, the Human Rights Act incorporates a requirement of legality under Article 7 of the ECHR, whose scope is clearly connected to our understanding of how criminal offences are defined. This book undertakes an investigation of the role and scope of definition within the criminal law, set within a wider examination of the nature of legal materials and the diversity of perspectives on law. It offers a fascinating account of how the rules and principles found within legal materials provide opportunities for responding to, rather than merely following the law. In the light of this account, the book takes issue with some of the established views on the roles of judges and academics and, in a series of case studies concerning the definition of theft and changes to the definition of recklessness recently introduced by the House of Lords in R V G , explores the intimate connection between the use of legal materials and the practice of definition. More specific objectives of the book involve providing a more rigorous assessment of the serious challenge made by a 'criticial' perpective on the criminal law; challenging the conventional intellectual apparatus of the criminal law; demonstrating how general theoretical insights on the process of definition can assist with the practical problems of defining criminal offences; clarifying the uses of definition in the work of the judiciary and law reformers; and, determining realistic expectations for the principle of legality within the criminal law.