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

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

For weeks in 1902 it commanded headlines. All of Wyoming and much of the West followed the trial of Tom Horn for the murder of a fourteen-year-old boy. John W. Davis's book, the only full-length account of the trial, places it in perspective as part of a larger struggle for control of Wyoming's grazing land. Davis also portrays an enigmatic defendant who, more than a century after his conviction and hanging, perplexes us still. Tom Horn was one of the most fascinating figures in the history of the West. Employed as a Pinkerton and then as a range detective, he had a reputation as a loner and a braggart with a brutal approach to law enforcement even before he was accused of murdering young Willie Nickell. Cattlemen saw Horn as protecting their way of life, but most people in Wyoming saw him as a hired assassin, an instrument of oppression by cattle barons willing to use violent intimidation to protect their assets. The story began on July 18, 1901, when Willie Nickell was shot by a gunman lying in ambush; the killer was apparently after Willie's father, who had brought sheep into the area. Six months later Tom Horn was arrested. The trial pitted the Laramie County district attorney against a crack team of defense lawyers hired by big cattlemen. Against all predictions, the jury found Horn guilty of first-degree murder. Despite appeals that went all the way to the state supreme court and the governor, Horn was hanged in Cheyenne in 1903. The trial and conviction of Tom Horn marked a major milestone in the hard-fought battle against vigilantism in Wyoming. Davis, himself a trial lawyer, has mined court documents and newspaper articles to dissect the trial strategies of the participating attorneys. His detailed account illuminates a larger narrative of conflict between the power of wealth and the forces of law and order in the West.

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

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.

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.

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.

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.

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.

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.

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 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 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.

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 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.

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.

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 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.

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.

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.

In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, the Lux leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests. Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will be of interest to both international policymakers and consultants as well as their counterparts in Germany for instance working on improving the instruments to fight organized crime and prevent the financing of terrorism through money laundering. The complexity of the anti-money laundering regime and all the variables are exhaustively and critically reviewed in the assessment, thereby providing complete instructions for future legislative steps. The case study regarding the situation in Germany maximizes readers' insights into concrete effects of the implementation of international anti-money laundering standards at a national level, and the opinions of professionals working in the field and of experts on the law-making process are also illuminating. Moreover, the book equips non-German speakers with the information needed to deal with the extensive German legal scholarly production on article 261 of the German criminal code and the current internal political debate on the matter. Verena Zoppei is a Fellow Researcher at the International Security Division of the German Institute for International and Security Affairs in Berlin. Specific to this book: * Broadens your understanding of the complexity of the anti-money laundering regime * Provides complete instructions for future legislative steps * Offers a qualitative and multidisciplinary approach of the money laundering offence * Also equips non-German readers/speakers with a handle on the extensive German legal scholarly production on article 261 of the German criminal code This is Volume 12 in the International Criminal Justice Series