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.

LAW AND CRIMINALITY IN THE MIDDLE AGES: ACADEMIC ESSAYS by Professor Onyoo Elizabeth Kim of Handong University in Korea is an academic feat in legal studies. Trained by America's best medieval canon lawyers and having had extensive medieval law research experience in Europe, Professor Kim delivers a book on the Law of the Middle Ages that is relevant for today's legal, scholarly, and intellectual discussions. This book contains five of Professor Kim's academic essays: "War and Its Justification in the Law of the Middle Ages"; "Understanding "Intent" in Criminal Law via Gratian's Decretum and St. Augustine"; "Medieval Canon Law and Sacramental Theology: The Case of Baptism"; "The Order of the Templars and their Criminalization in the 14th Century AD"; "Understanding the History of Penance through Medieval Canon Law." Professor Onyoo Elizabeth Kim is licensed to practice law in the states of California, New Jersey, and Pennsylvania. Professor Kim graduated Phi Beta Kappa from the University of Pennsylvania in 2004 with a B.A. in history and classics and a M.A. in medieval history. Professor Kim received her J.D. degree from the UCLA School of Law in 2007. Since then Professor Kim has researched extensively on medieval law and its comparative and causative worth for modern law at UCLA, Yale University, the University of Pennsylvania, and the University of Cologne Law School in Germany.

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

Prior to the 1950s, it was remarkably easy for police to arrest people for a wide variety of activities performed in the streets. Throughout the country, vagrancy laws were far-reaching and pervasive. Yet by the end of the 1960s, streets across America hosted both massive political protests and a cultural revolution that reshaped not only the nation's public spaces, but more broadly its public life. For the era or against it, virtually all agreed that America after the 1960s was starkly different than before it. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking explanation of the transformation. Focusing on Court decisions that loosened vagrancy laws and opened up the streets to Americans in all their variety, she shows how legal change helped fuel highly public social movements advocating everything from civil rights to peace to gay rights to cultural revolution. Indeed, increased access to the streets increased their public presence and thereby social power. The book is a brilliant example of how a seemingly small event -alteratations to the relatively minor crime of vagrancy-can contribute to a social revolution. Not only that, Goluboff powerfully demonstrates how the courts can advance social change-make history, so to speak. The vagrancy laws were that were on the books virtually everywhere in the 1950s served as a catchall device for police forces intent on establishing public order; you could be arrested for everything from causing a disturbance to behaving in a way contrary to the norm-fraternizing with a member of another race, for example, or publically preaching non-mainstream beliefs like communism. Given the very fluid interpretation of vagrancy, police inevitably abused it to the point where they could arrest almost any "nonconforming" person. Once the Supreme Court began invalidating these laws, it opened up public space to any manner of dissenter or nonconformist: hippies, war protestors, civil rights activists, interracial couples, gays, and, of course, vagrants-all the people occupying spaces previously off-limits to them. Goluboff's account is not just a investigation of the relationship between law and social change, however. It is also a ground-up history-from Skid Row to the Supreme Court-of the culture wars between the New Left and New Right. The results of these battles are abundantly evident today in both positive ways-like the increased openness to all in America's public spaces-and negative ways-especially the explosion of homelessness afterward. In sum, she shows that major societal changes can result not only from big waves, but from seeming ripples too.

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.

The central theme of Twining's book is that law is a marvellous subject of study, but to do justice to its potential requires an enlargement of vision, multiple perspectives, and a radical reappraisal of the role, culture, and practices of law schools. Treating theory, education, scholarship, publishing, and professional practice as complementary activities, the author explores the history, philosophy, and practical problems of attempts to broaden the study of law in a disciplined way. He draws upon his personal experience of law schools throughout the common law world and his special knowledge of jurisprudence, evidence,torts and legal method to examine a wide range of topics in depth. These include, for example, the nature and tasks of legal theory, different kinds of legal literature, and access to legal education and the profession. This provocative and readable book will appeal to all those with an interest in the roles of legal theory, law schools, and lawyers in a changing world.

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.

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.

An updated and expanded revision of a popular book published in 1981, American Political Trials examines the role of politicized criminal trials and impeachments in U.S. history from the early colonial era to the late 20th century. Each chapter focuses on a trial representative of a particular era in the American past. The emphasis is on cases that resulted from political persecution, but the book also shows how defendants have exploited the judicial process to advance their political objectives. All of the chapters appearing in the earlier book have been updated. In addition, the volume includes new chapters on the 1637 trial of Anne Hutchinson and the 1989 trial of Lt. Col. Oliver North for his role in the Iran-Contra scandal. The book also includes an updated bibliographical essay.

aA lively, smart, combative collection, brimful of ideas and insights, this book takes on athe war on crimea and shows how America might move beyond it.a
--David Garland, author of "The Culture of Control"

aThis brave book challenges us, urgently, to rethink crime and punishment for the 21st century. It is not by accident that the US became the worldas largest incarcerator in just thirty-five years. After the War on Crime exposes how structural inequalities based on race and class and written into our laws, institutions and everyday practices have blackened our jails and prisons and reproduced segregated communities inside and out.a
--Susan Tucker, Director, The After Prison Initiative, Open Society Institute

Since the 1970s, Americans have witnessed a Pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging towards declaring victory and moving on.

However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of socialinstitutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.

It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volumeas immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.

In exploring the criminalization of corporations, this book uses the landmark "Ford Pinto case" as a centerpiece for exploring corporate violence and the long effort to bring such harm within the reach of the criminal law. Corporations that illegally endanger human life now must negotiate the surveillance of government regulators and risk civil suits from injured parties seeking financial compensation. They also may be charged with criminal offenses and their officials sent to prison.

Easy-to-read and practical, this text uses a survey approach and numerous examples to illustrate interviewing skills and techniques. Using his years of experience as an instructor at the FBI Academy, the author dispels some of the mystery surrounding the interview process by sharing techniques and ideas that have been used successfully. The author has years of experience as an FBI academy instructor.

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

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.

The aim of this collection of previously unpublished essays is to probe the philosophical aspects of rape as act, crime, practice, and institution. Among the issues examined are the nature and harmfulness of rape, the relation of rape to racism, sexism, and other forms of oppression, and the legitimacy of various rape-law doctrines.

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.

This is the first comprehensive account of President Herbert Hoover's policies to reform federal criminal justice administration. Beginning with the first words in his inaugural address, Hoover informed the public that a high priority of his administration would be to insist upon reorganization, qualitative improvement, new efficiencies, and formal study of justice system organizations in the federal system. Calder examines Hoover's background and affinity for justice system reform, the campaign trail and crime control issues of 1928 and 1929, intellectual and practitioner resources, the Wickersham Commission, and the reforms of the federal law enforcement, court, and prison systems. Drawing upon extensive primary source collections, this book provides a thorough examination of the Hoover initiatives and assesses their impact on later federal policy. It will be of considerable interest to political scientists, social historians, and those involved in criminal justice programs.

The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China's practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.

Why do we research unit management in correctional facilities? The research was necessitated by a fundamental need to change the way in which South Africa deals with sentenced inmates. The country boasts one of the highest international recidivism rates. Instead of being a revolving door where shorter-term offenders circulate through the correctional system, or a warehouse where serious offenders are subjected to monotonous empty hours for a lifetime, all correctional systems should actively and meaningfully address recidivism. This means that correctional interventions must contribute to inmate empowerment, resulting in a life without crime. Unit management proves to be a management tool that can facilitate such meaningful contribution. It has been implemented in some international correctional systems but limited international research, mainly from the USA, is available. With their research, the authors uniquely integrate correctional management fundamentals, law, organisational theory, and institutional administrative procedures into one research project. The research aims to lay a foundation for unit management implementation by addressing philosophy, international norms, processes, design, legal principles, risk management, human resources and correctional case studies. These contents deliver evidence of original research that stretches over more than a decade. Unit Management in Correctional Facilities: Law and Administration challenges executive management and the modern-day correctional practitioner on the professional front in terms of accountability, implementation of evidence based correctional best practices and transformation of the correctional system to the ultimate benefit of the offender and the broad society. It aims to equip correctional practitioners, students, lecturers and other academics.

This book is a guide to the law and practice of victims' roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabo is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.