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.

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.

Gangs have been heavily pathologized in the last several decades. In comparison to the pioneering Chicago School's work on gangs in the 1920s we have moved away from a humanistic appraisal of and sensitivity toward the phenomenon and have allowed the gang to become a highly plastic folk devil outside of history. This pathologization of the gang has particularly negative consequences for democracy in an age of punishment, cruelty and coercive social control. This is the central thesis of David Brotherton's new and highly contentious book on street gangs. Drawing on a wealth of highly acclaimed original research, Brotherton explores the socially layered practices of street gangs, including community movements, cultural projects and sites of social resistance. The book also critically reviews gang theory and the geographical trajectories of streets gangs from New York and Puerto Rico to Europe, the Caribbean and South America, as well as state-sponsored reactions and the enabling role of orthodox criminology. In opposition to the dominant gang discourses, Brotherton proposes the development of a critical studies approach to gangs and concludes by making a plea for researchers to engage the gang reflexively, paying attention to the contradictory agency of the gang and what gang members actually tell us. The book is essential reading for academics and students involved in the study of juvenile delinquency, youth studies, deviance, gang studies and cultural criminology.

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 presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.

We are enamored with stories about cops, but rarely do we get a chance to walk in the shoes of one while reading about the personal and spiritual battles waged when one is fighting crime. Jim's narrative will pull you into the moment of each crisis. These stories are the material of movies but they happened in real life. Jim will weave his experiences into the truth taught in Scripture. Whether or not you are part of the law enforcement community, you will be entertained by the adventures. Regardless of your relationship with Christ, you will be challenged to do something with the claims made by Jesus. There is engaging action in this book, but the serious purpose is that it will serve as a challenging devotional guide and bring you closer to Christ.

A very good overarching student text book which deals comprehensively with the main themes and topics within criminal justice. - Jenny Johnstone, Newcastle Law School, Newcastle University An excellent book that is invaluable to new students in particular, it gives a good, clear insight into the Criminal Justice System and also has good review and discussion points to reinforce the key learning points...The best book in its field. - Dr. Richard Peake, University of Leeds The 5th edition continues to provide a comprehensive introduction to all aspects of the Criminal Justice system. Fully up to date, it combines a description of the major agencies involved in the control of crime and the pursuit of justice with an introduction to criminal justice theory and key concepts in English criminal law.

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.

It has long been known that the pathway through the criminal justice system for those with mental health needs is fraught with difficulty. This interdisciplinary collection explores key issues in mental health, crime and criminal justice, including: offenders' rights; intervention designs; desistance; health-informed approaches to offending and the medical needs of offenders; psychological jurisprudence, and; collaborative and multi-agency practice. This volume draws on the knowledge of professionals and academics working in this field internationally, as well as the experience of service users. It offers a solution-focused response to these issues, and promotes both equality and quality of experience for service users. It will be essential reading for practitioners, scholars and students with an interest in forensic mental health and criminal justice.

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 recent European Council Directive 114/08 requested the EU Member States to perform an assessment aimed at the identification and designation of the so-called European Critical Infrastructures (ECI). Every analysis of the results of the "first round" of identifications and designations has only taken into account the numbers of ECIs effectively designated, consequently leaving aside all of the other elements related to this important path towards a harmonized vision of the "European Security." This work, with its unprecedented approach, focuses on the elements that have maximized or frustrated the ambitious European objectives and on the issues that might have prevented the directive reaching its full potential. Furthermore, the study offers an in-depth perspective on the lessons learned - including those that can be learned from the US pre-post 9/11 CIP policies - as well as an assessment of the state of play of the Member States after the implementation of the directive, together with predictions for future challenges.

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.

Extended Confiscation in Criminal Law provides a comprehensive analysis of the most recent developments in the field. With its main focus on the EU, this multi-faceted study enhances the reader's understanding of the strategy of confiscating assets, giving detailed answers to the questions of how the confiscation regimes could be improved and which changes are proportionate to the objectives pursued.The book begins by examining extended confiscation from the national perspective, presenting the substantive criteria for this power of confiscation. It focuses on three main jurisdictions - England and Wales, Germany and Sweden - and explores how domestic legislation is drafted and applied in their differing models. Analysing Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, it seeks to answer the questions of whether harmonisation truly increases efficiency or if other reforms may be more effectively. Furthermore, this book considers whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of fundamental human rights.The notion of extended confiscation is then set in its broader context, looking from an international perspective. A holistic analysis of the regime for handling transnational confiscation cases is given, asking if it is possible to trace and search for assets abroad, or execute final orders in other states.This book is of great interest for academics as well as national and international legislators. It may also be used as a handbook for practitioners handling cross-border confiscation cases.

This volume poses a series of key questions about the practice of probation as an integral part of the European criminal justice system. The contributors are established experts in their respective fields of study and together their questions address the legitimacy, and perhaps continued existence, of probation. The book offers analyses of why people offend and stop offending, and the wide ranging impacts of probation. This includes the impact on offenders' social reintegration, as a form of reparation for victims and communities, on public desire for justice and punishment, and on probationers themselves. The contributors further assess the state of probation and its adaptation to the current state of penality and society, the role of probation officers in pre-sentencing decision-making and the promotion of community sanctions and measures. By providing important recommendations and suggestions for application to practice, the book will be of great interest to academics, students, policy makers and practitioners alike.

This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.

Street Level Narcotics Investigations is a manual for the beginning uniform police officer to the experienced Detective. Geared to be a no nonsense how to guide that is an excellent aid to police academy students beginning their career in law enforcement as well as individuals studying in the Criminal Justice field. This book clearly explains how to complete drug investigations from receiving the informant tip to completing the search warrant. This book gives step-by step methods commonly used to investigate drug related crimes, from targeting the dealers on the street corner to 'Trash Rip" operations and much more. In addition, investigative tricks and techniques are explained that can build upon even the most experienced Detectives knowledge and background. Not only does this book tell you how to complete various drug investigations but also gives you the case law and legal reasoning behind it. This is designed so that the officer conducting the investigation has the case law to back up their investigation or actions. Some of the topics covered in this book are: Probable Cause Call Outs, Informant Operations/Handling, Evidence Collection, Surveillance Methods, Asset Forfeiture Methods/Investigation, Police Intelligence/Investigation, Writing Search Warrants, Trash Rip Operations and much more. Real life examples of actual search warrants and forms used in drug investigations are included for your use. This book is an excellent reference manual that can be used throughout an officer's career or college studies.

Ponzi schemes are a particularly vicious form of financial fraud, in that the overly trusting victims, who are often wiped out, typically share an affiliation with the fraudster. They are interesting, in that they share some features with legitimate financial phenomena (such as stock manias) and shed light on the human tendency towards behaving foolishly, especially when encouraged or modeled by others. In Understanding Ponzi Schemes, Mervyn Lewis has written what is probably the best and most comprehensive book on the topic. Extremely readable, this book uses both theoretical models and real-life case studies to provide readers with an answer to two questions: 'How do Ponzi schemes work and why are they successful?' Lewis also provides useful answers to a third question: 'What can regulators and individuals do to be protected from future incarnations of Charles Ponzi?''' - Stephen Greenspan, University of Connecticut, US and author of Annals of Gullibility'Starting with very readable (and well-referenced) accounts of various Ponzi fraudsters from Ponzi himself through to Madoff and Stanford, lessons are drawn from such diverse disciplines such as psychology and statistical analysis to advocate novel approaches to the regulation of Ponzi schemes. A 'must read' for regulatory policy-makers and a fascinating read for the general reader, Professor Lewis is to be congratulated for advancing the debate on this age-old phenomenon by suggesting distinctive and innovative strategies to tackle it.' - Eva Lomnicka, Dickson Poon School of Law, King's College London, UK 'Readers looking for a clear explanation of how Ponzi schemes work and description of recent and historical examples, both large and small scale, will find that in this very readable book. But the author, Professor Mervyn Lewis, goes well beyond those topics by drawing on behavioural economics and psychology to help understand how 'victims' get caught in such schemes, and the motives and behaviours of the scheme operators. That analysis also provides a valuable checklist for readers to help them avoid becoming victims.' - Kevin Davis, University of Melbourne, Australia A Ponzi scheme is one of the simplest, albeit effective, financial frauds to engineer, and new schemes keep coming forward. Despite this, however, people continue to invest in them. How are we to account for the seemingly never-ending lure of such schemes? In providing answers to this central question, this concise and well-researched book examines how Ponzi schemes operate, how they differ from pyramid schemes, Ponzi finance and other financial arrangements. The author questions whether the victims have only themselves to blame, why fraudsters think that they can avoid detection, and what important insights behavioural finance theory and psychology can add. Particular attention is paid to the reasons behind the failure of financial regulation, and the types of regulatory changes needed to protect investors and avoid repetitions. The analysis is informed by case studies of 11 Ponzi schemes in the US, UK, Australia and New Zealand. Finance and business academics interested in the operation of Ponzi schemes, and how they differ from pyramid schemes, will find this book invaluable, as will students of economics, finance, behavioural decision-making and psychology. Lawyers, psychologists, regulatory agencies and financial institutions will also benefit considerably from the analysis.