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.

This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

This book focuses on applied behavior analysis (ABA) treatment of violence and aggression in persons with neurodevelopmental disabilities. It details ABA theory and concepts leading to empirical treatment procedures that can be implemented successfully across diverse treatment settings. Further, the book examines contemporary approaches to functional behavioral assessment (FBA) and functional analysis (FA) in determining the environmental conditions responsible for violence and aggression. In addition, the volume describes several evidence-supported treatment procedures that encompass antecedent-control, contingency management, cognitive-behavior therapy, and physical intervention components. It addresses effective strategies for training and supervising care providers, including behavioral skills training (BST), posttraining performance management, and mindfulness. Finally, the book presents recommendations that guide effective and socially valid research-to-practice translation. Applied Behavior Analysis Treatment of Violence and Aggression in Persons with Neurodevelopmental Disabilities is an essential resource for researchers, clinicians/therapists, and upper-level undergraduate and graduate students in forensic psychology, public health, criminology/criminal justice, and behavioral therapy and rehabilitation.

Every year, there are advances in the way that we deal with information as individuals, governments, and organizations. We live and work predominantly online resulting in an enormous amount of digital data. The way that information is used is constantly changing with individuals, governments, and corporations all involved in collecting, storing, using, disclosing, and transferring information online. The growth in artificial intelligence and its effects on data will impact all individuals. It is imperative that a greater understanding of these new advances is gained, in particular, the legal implications they have for society. Legal Regulations, Implications, and Issues Surrounding Digital Data is an essential research publication that assists readers in understanding the current technology they are using, how digital data is being used by governments and organizations, and the current legal issues surrounding these areas that set out challenges in everyday life. Highlighting topics such as data protection, cybercrime, and privacy, this book is ideal for lawyers, academicians, IT specialists, policymakers, cybersecurity professionals, law professionals, researchers, academicians, and students.

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.

"Whether you agree or disagree with preventive detention as a tactic in the war against terrorism, you will find this book compelling and informative. If preventive detention is to be employed it must surely be done within the law and subject to open accountability. The criteria must be clear and the procedures must assure fairness. This book sets out a balanced and moderate proposal that is worthy of serious consideration." - Prof. Alan M. Dershowitz, Harvard University and author of Preemption: A Knife That Cuts Both Ways "Stephanie Blum has written a thoughtful, well documented, and responsible analysis of the legal and policy issues bearing on the sensitive subject of preventive detention of terrorist suspects. The book will not command universal assent, but is an excellent contribution to the public debate over an issue of transcendent importance to national security and civil liberties." - Judge Richard Posner, United States Court of Appeals for the Seventh Circuit "Terrific We need a system that can better help us mitigate threats, and a strong and reasoned legal basis to deal with terror suspects. Stephanie Blum gives us a great start." - Colonel (Retired) Britt Mallow, former Commander, DoD Criminal Investigation Task Force

This book explores the experiences of lesbian, gay, bisexual and trans (LGBT) communities as victims, offenders and staff within the criminal justice system. It draws on both emerging and existing LGBT research and campaigns to identify and explore issues relevant to the criminal justice system, including: agencies of the criminal justice system, victimisation, domestic violence and abuse, transgender experiences, LGBT people as offenders, international perspectives and the personal experiences of LGBT people. Charlotte Knight and Kath Wilson trace the legislative journey toward equal treatment before and after the Wolfenden Report. They consider why, for example, lesbians are over represented on death row in the US, how the prosecution characterises them and what part homophobia might play in offending and in sentencing. They raise important questions about the causes of, and responses to, same-sex domestic violence and abuse and how the system delivers justice to trans people. Sodomy laws and the treatment of LGBT people worldwide are also considered and models of good practice are offered. Their insights will be of interest to practitioners, policy makers and scholars of the criminal justice system, particularly those concerned with the rights of LGBT communities.

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.

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 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.

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.

This book brings together a collection of emergent research that moves the debate on desistance beyond a general consideration of individual and social structural influences. The authors examine empirical developments which have implications for policy surrounding resettlement and re-offending, but also for punishment practices. Presenting thought-provoking theoretical advances and critiques, the editors challenge and enrich traditional understandings of desistance. A wide range of chapters explore how some criminal justice interventions hinder the desistance process, but also how alternative approaches may be more helpful in promoting and supporting desistance. Thorough and diverse, this book will be of great interest to scholars of criminology and criminal justice, social policy, sociology and psychology, and of special interest to researchers and practitioners working with (ex-)offenders.

This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions - Canada, Australia, and the USA - who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.

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.

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.

Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime.This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

This comprehensive reference work presents an in-depth analysis of juvenile justice systems across the world. The second edition of this Handbook has been updated with 13 new chapters, now covering a total of 34 countries, across North and South America, Europe, Asia, Africa, and the Middle East from an international and comparative perspective. The International Handbook of Juvenile Justice is the result of research conducted by a group of outstanding scholars working in the field of juvenile justice. It reflects a collective concern about trends in juvenile justice over the past two decades, trends that have begun to blur the difference between criminal and juvenile justice. Also new to the second edition, each chapter is formatted to increase the comparative aspect of the book, highlighting: * The legal status of juveniles * Age of majority * The country's stance toward the UN Committee on the Rights of the Child * Trends in juvenile crime over the period 2004-2014 * Causes of juvenile crime * Policing and juveniles * Courts and juveniles * Custodial rules for juveniles (detention, prison, mixing juveniles with adults) * Alternative sanctions for juveniles: home confinement, restorative justice, restitution, etc. * Differences in treatment of boys and girls This seminal work highlights similarities and differences between the various systems, and will be an important reference for researchers in criminology and criminal justice, particularly interested in juvenile delinquency and youth crime, as well as related disciplines like sociology, social work, and public policy.

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.

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.

Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women's involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders. The chapters cover a wide range of topics relating to women and crime, including: violent and sexual victimisation, violent offending, sentencing and punishment, and rape myths. Since the peak of feminist criminal justice scholarship in the 1990s, the place of women in the criminal justice system has arguably slipped down the agenda and the authors of this collection draw on original research to make the compelling case for a swift remedy to this. Drawing on recent academic studies and professional experience to set an agenda for future research - as well as legal and policy reform - this book injects new life into the dialogue surrounding women and the criminal justice system. Innovative and timely, this collection of essays holds broad appeal to academics and practitioners, as well as students of criminology, criminal justice and law, and all those with an interest in feminism, justice, and inequality.

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

Prescription is a major legal defence that bars civil actions on the claim after the expiry of a certain period of time. Despite its far-reaching practical effects on litigation and on society at large, and the fact that it is the subject matter of pervasive legal reforms in many countries, the law of prescription (limitation of actions) is rarely discussed, analysed and compared. To meet this challenge, this book canvases in-depth the law of 15 selected jurisdictions (covering Europe, South Africa and the US jurisdictions) and extensively analyses in comparative perspective the elements of prescription (accrual of the cause of action, prescription periods, rules of suspension, renewal, extension, etc), their interrelations, and the policy considerations (including economic analysis). Topics also covered include the notions of 'action', 'claim', and 'cause of action', subjective and objective prescription, statute interpretation and judicial discretion. The book concludes with how the present law can be improved and where suitable harmonised. While its main focus is the prescription of tort claims, the analysis, comparison and conclusions are highly relevant to most civil actions. Prescription in Tort Law is the result of a three-year research project lead by the European Group on Tort Law (EGTL) that brings together leading academics of the field. It is an invaluable resource for private lawyers. With contributions by Bjarte Askeland (Bergen Appeal Court Judge, Norway), Ewa Baginska (University of Gdansk, Poland), Jean-Sebastien Borghetti (University Paris II Pantheon-Assas, France), Giovanni Comande (Sant'Anna School of Advanced Studies, Italy), Eugenia Dacoronia (University of Athens, Greece), Isabelle Durant (Universite catholique de Louvain, Belgium), Israel Gilead (Hebrew University, Israel), Michael D Green (Wake Forest University, United States), Ernst Karner (University of Vienna, Austria), Anne LM Keirse (Utrecht University, The Netherlands), Bernhard A Koch (University of Innsbruck, Austria), Frederic Krauskopf (University of Bern, Switzerland), Ulrich Magnus (University of Hamburg, Germany), Miquel Martin-Casals (University of Girona, Spain), Johann Neethling (University of the Free State, South Africa), Elena Occhipinti (University of Pisa, Italy), Ken Oliphant (University of Bristol, United Kingdom), Albert Ruda-Gonzalez (University of Girona, Spain), Stefan Rutten (University of Antwerp), Lubos Tichy (Charles University, Czech Republic) and Benedict Winiger (University of Geneva, Switzerland).