A critical examination of the wrongdoing underlying the 2008 financial crisis An unprecedented breakdown in the rule of law occurred in the United States after the 2008 financial collapse. Bank of America, JPMorgan, Citigroup, Goldman Sachs, and other large banks settled securities fraud claims with the Securities and Exchange Commission for failing to disclose the risks of subprime mortgages they sold to the investing public. But a corporation cannot commit fraud except through human beings working at and managing the firm. Rather than breaking up these powerful megabanks, essentially imposing a corporate death penalty, the government simply accepted fines that essentially punished innocent shareholders instead of senior leaders at the megabanks. It allowed the real wrongdoers to walk away from criminal responsibility. In The Case for the Corporate Death Penalty, Mary Kreiner Ramirez and Steven A. Ramirez examine the best available evidence about the wrongdoing underlying the financial crisis. They reveal that the government failed to use its most powerful law enforcement tools despite overwhelming proof of wide-ranging and large-scale fraud on Wall Street before, during, and after the crisis. The pattern of criminal indulgences exposes the onset of a new degree of crony capitalism in which the most economically and political powerful can commit financial crimes of vast scale with criminal and regulatory immunity. A new economic royalty has seized the commanding heights of our economy through their control of trillions in corporate and individual wealth and their ability to dispense patronage. The Case for the Corporate Death Penalty shows that this new lawlessness poses a profound threat that urgently demands political action and proposes attainable measures to restore the rule of law in the financial sector.

An in-depth analysis of the legal entry points and remedies in the school-to-prison pipeline The "school-to-prison pipeline" is an emerging trend that pushes large numbers of at-risk youth-particularly children of color-out of classrooms and into the juvenile justice system. The policies and practices that contribute to this trend can be seen as a pipeline with many entry points, from under-resourced K-12 public schools, to the over-use of zero-tolerance suspensions and expulsions and to the explosion of policing and arrests in public schools. The confluence of these practices threatens to prepare an entire generation of children for a future of incarceration. In this comprehensive study of the relationship between American law and the school-to-prison pipeline, co-authors Catherine Y. Kim, Daniel J. Losen, and Damon T. Hewitt analyze the current state of the law for each entry point on the pipeline and propose legal theories and remedies to challenge them. Using specific state-based examples and case studies, the authors assert that law can be an effective weapon in the struggle to reduce the number of children caught in the pipeline, address the devastating consequences of the pipeline on families and communities, and ensure that our public schools and juvenile justice system further the goals for which they were created: to provide meaningful, safe opportunities for all the nation's children.

Courts are constantly required to know how people think. They may have to decide what a specific person was thinking on a past occasion; how others would have reacted to a particular situation; or whether a witness is telling the truth. Be they judges, jurors or magistrates, the law demands they penetrate human consciousness. This book questions whether the arm-chair psychology' operated by fact-finders, and indeed the law itself, in its treatment of the fact-finders, bears any resemblance to the knowledge derived from psychological research. Comparing psychological theory with court verdicts in both civil and criminal contexts, it assesses where the separation between law and science is most acute, and most dangerous.

Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police - thus far mandated purely with the post-facto investigation of crime - with powers to act to prevent acts of terrorism, Spain's struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the "War on Terror"; constantly providing for new arms in this conflict? Or is it a refusal to participate in the "War on Terror" that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the "War on Terror" is a fascinating one, but one, which is difficult to answer.

Under the European Arrest Warrant (EAW) system, Member States of the European Union are under the obligation to arrest and surrender individuals upon the request of judicial authorities of other Member States. In doing this, it is important that human rights are respected and that there is room for national peculiarities. Awareness of what unites the Member States as well as respect for what makes them different, are prerequisites for a fruitful cooperation. This book will be a useful tool for those involved as practitioners in cooperating under the EAW scheme, e.g. judicial authorities, judges, and counsel representing and advising those who are subject to surrender. Moreover, it will evoke academic interest for its information on EAW practice. The reader will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds, and ending with the consequences of surrender. The scope of the book goes beyond the frontiers of the European Union. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States. Nico Keijzer is a former justice in the Supreme Court of the Netherlands, and emiritus Professor of international criminal law at Tilburg University, the Netherlands. Elies van Sliedregt is Professor of criminal law at the VU University in Amsterdam, the Netherlands.

Employing a critical approach to the discipline, Criminal Procedure helps students cultivate their foundational knowledge of the field, better comprehend the role the U.S. Constitution plays in law enforcement, and recognize the historic role that police have played in both social and economic inequalities. The arrangement satisfies the evolution of American criminal procedures by the United States Supreme Court cases that administer communication between both citizens and police officers in the adjudicative process. The textbook is designed to educate students that constitutional guarantees are applicable to the states. Topical coverage is organized according to the numerical constitutional amendments that are specific to criminal procedure: Fourth Amendment-Search and Seizure; Fifth Amendment-Custodial Interrogations; Sixth Amendment-Right to Counsel and Right to Fair Trial; and Eighth Amendment-Cruel and Unusual Punishment and Excessive Bail. Throughout, students learn the ways in which the amendments ultimately affect criminal trials, how the appellate system is structured, how the criminal system operates, and more. Developed to equip students with superior, highly applicable knowledge, Criminal Procedure is an ideal textbook for courses and programs in criminal justice.

The present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans' wellbeing (Berthelot & Prager), and plea bargaining (Levett).

Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research and studies concern philosophical issues in criminal law and criminal law theory.

Is it possible that the soldiers of mass atrocities-Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example-act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.

"Understanding Forensic Digital Imaging" offers the principles of forensic digital imaging and photography in a manner that is straightforward and easy to digest for the professional and student. It provides information on how to photograph any setting that may have forensic value, details how to follow practices that are acceptable in court, and recommends what variety of hardware and software are most valuable to a practitioner.
In addition to chapters on basic topics such as light and lenses, resolution, and file formats, the book contains forensic-science-specific information on SWGIT and the use of photography in investigations and in court. Of particular note is Chapter 17, "Establishing Quality Requirements," which offers information on how to create a good digital image, and is more comprehensive than any other source currently available.
A companion website offers exercises for the student and practicing professional.
* Covers topics that are of vital importance to the practicing professional
* Serves as an up-to-date reference in the rapidly evolving world of digital imaging
* Uses clear and concise language so that any reader can understand the technology and science behind digital imaging

Elliott & Quinn's Criminal Law has been specifically designed to introduce you to the legal principles, cases and statutes at play in this core subject area. Areas of debate, critique of the current law and consideration of reform options are also included throughout making this an ideal text for LLB or GDL who want an accessible and engaging introduction to criminal law. This new edition has been fully updated with all the latest legal developments in the area, including: * A substantially revised chapter 11 on accomplice liability which has been reworked to reflect the change to the law brought about by R v Jogee and Ruddock (2016); * Extensively updated coverage of voluntary manslaughter to reflect decision made in R v Gurpinar (2015), R v Golds (2016), R v Wilcocks (2016) and R v Meanza (2017); and * Discussion of the case of R (on the application of Collins) v Secretary of State for Justice (2016) in the context of the householder's defence in self-defence.

This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars' and students' excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.

"A Litigator's Guide to DNA" educates litigators, judges, criminalists, students, and others about all aspects of the use of DNA evidence in criminal and civil trials. It includes discussions of the molecular biological basis for the tests, essential laboratory practices, probability theory and mathematical calculations. It presents issues relevant to all parties involved in trying a case, from the prosecution and the defense, and to the judge and jury. The book is also extremely useful as a text for students aspiring to careers in forensic science and criminal law.
The authors provide a full background on both the molecular biology and the mathematical theory behind forensic tests written specifically for people with little or no science background. No other book relates the foundational information on molecular biology and statistics to legal practice issues as extensively as this book does.
* "Recapping the Main Point" boxes provide a simple and concise summary of the main points
* Includes a glossary of essential terms and their definitions
* Contains a full-color insert with illustrations that emphasize key concepts

The demand for forensic art usage in investigations is rapidly expanding due to media attention. Despite this fact, to date no book thoroughly explains how to sketch a suspect's face from a witness' memory. "Forensic Art Essentials" teaches artists to extract information from a witness or victim about a face they have seen, and produce an image good enough to lead detectives to the criminal being described. After reading this book, anyone with adequate drawing skills will be able to learn the tools necessary to develop his or her skills as a forensic artist. Instruction focuses on an explanation of techniques for various scenarios and includes the use of case studies of special situations and how they should be handled.
Additionally, "Forensic Art Essentials" covers skull reconstructions of unidentified murder victims and age progressions to aid in the apprehension of known fugitives. The book also provides step-by-step illustrations of how to reconstruct a face from a skull, and offers solutions to a multitude of common problems that occur in the field. With 500 full-color illustrations, this book is an essential tool for any forensic artist.
* Provides insight as to the best way to responsibly interview and extract information from eye-witnesses and victims to develop accurate composite sketches
* 500 illustrations, many full color, show examples of various challenges in developing sketches and reconstructing from skulls
* Serves as a guide for forensic art professionals as well as a call to law enforcement agencies to expand the use of this valuable forensic tool

It has been many years since O. J. Simpson walked free from a downtown Los Angeles courtroom. For many, it was the demolition of the fundamental principle of right and wrong, and many debated the deficiencies of the American justice system. Since then, we have witnessed the Casey Anthony case, and others, that remind us of issues unaddressed and questions unanswered. In Fixing the Engine of Justice, author David Tunno presents the symptoms of a defective jury system and offers comprehensive, intelligent, and thought-provoking solutions. Tunno, a trial consultant for more than twenty years, has studied and researched key trials and has gleaned stories from his personal experiences to show a system beset with representation issues, incompetence, bias, misconduct, and lack of support and public perception based on misconceptions. He analyzes the flaws in the jury selection process, its lack of effectiveness, and the ways in which it contributes to the delivery of justice. Often humorous and irreverent, Fixing the Engine of Justice offers a diagnosis of the problems and a list of needed repairs to the American legal system. With the prime focus on juries, Tunno also takes aim at judges, attorneys, and other issues relevant to the health of the system.

Criminal Law raises hard questions concerning such issues as what acts should be prohibited, and in what circumstances should persons who perpetrate those acts be held responsible for them? Issues of harm and culpability pervade the criminal law, challenging all who seek a principled rather than an ad hoc understanding of the rules that constitute it. Harm and Culpability contains a collection of original papers delivered at Gonville and Caius College, in Cambridge, during a seminar series devoted to the discussion of philosophical issues generated by the criminal law. Papers were presented by some of the leading Anglo-American philosophers, criminall lawyers, and legal theorists and later revised in the light of seminar discussion and editorial guidance. The result is a connected group of essays whose subject matter is topical, and in each case of both theoretical and practical significance.

This textbook provides an overview for students in Criminology and Criminal Justice about the overlap between the criminal justice system and mental health. It provides an accessible overview of basic signs and symptoms of major mental illnesses and size of scope of justice-involved individuals with mental illness. In the United States, the criminal justice system is often the first public service to be in contact with individuals suffering from mental illness or in mental distress. Those with untreated mental illnesses are often at higher risk for committing criminal acts, yet research on this population continues to shed light on common myths - such a prevailing assumption that those with mental illness tend to commit more violent crimes. Law enforcement agents may be called in as first responders for cases of mental distress; and due to a lack of mental health facilities, resources, and pervasive misconceptions about this population, those with mental illness often end up in the corrections system. In this environment, students in Criminology and Criminal Justice are likely to encounter those with mental illness in their future career paths, and need to be prepared for this reality. This timely work covers the roles of each part of the criminal justice system interacting with mentally ill individuals, from law enforcement and first responders, social services, public health services, sentencing and corrections, to release and re-entry. It also covers the crucial topic of mental health for criminal justice professionals, who suffer from high rates of job stress, PTSD, and other mental health issues. The final section of the book includes suggestions for future research. This work will be of interest to students of criminology and criminal justice with an interest in working in the professional sector, as well as those in related fields of sociology, psychology, and public health. It will also be of interest to policy-makers and practitioners already working in the field. The overall goal of this work is to inform, educate, and inspire change.

While Anti-Money Laundering instruments are ever increasing in scope and complexity, policymakers have often lost sight of the objectives pursued. As a consequence, legislation is, in many cases, shaped by unrealistic political expectations and inconsistent design. Against this backdrop, this book explains key deficiencies of existing law and develops policy proposals to enhance both effectiveness and respect for fundamental rights. To this end, it thoroughly examines the interplay between criminal justice, regulatory law and data protection rules in Germany, Italy, Spain, Switzerland and the United Kingdom, and contrasts these findings with the frameworks of the Financial Action Task Force and of the European Union. The results of this collaborative research project emphasise the need to approach Anti-Money Laundering as a complex architecture that consists of numerous diverse but highly interdependent areas of law. Reform debates must therefore overcome a fragmented vision, in particular as regards the shape of criminal proceedings, the function of Financial Intelligence Units and supervisory authorities, the aims of private sector involvement and the scope of public-private information sharing. Only then does one learn from past mistakes and avoid ill-conceived remedies that ultimately fail to adapt supranational standards to the institutional and constitutional reality of countries' domestic legal order.

This book of eleven chapters and an Introduction is by and about women, the harms and crimes to which they are subjected as a result of global social processes and their efforts to take control of their own futures. The chapters explore the criminogenic and damaging consequences of the policies of the global financial institutions as well as the effects of growing economic polarisation both in pockets of the developed world and most markedly in the global south. Reflecting on this evidence, in the Introduction the editors necessarily challenge existing criminological theory by expanding and elaborating a conception of social harm that encompasses this range of problems, and exposes where new solutions derived from criminological theory are necessary. A second theme addresses human rights from the standpoint of indigenous women, minority women and those seeking refuge. Inadequate and individualised as the human rights instruments presently are, for most of these women a politics of human rights emerges as central to the achieving of legal and political equality and protection from individual violence. Women in the poorest countries, however, are sceptical as to the efficacy of rights claims in the face of the depredations of international and global capital, and the social dislocation produced thereby. Nonetheless this is a hopeful book, emphasising the contribution which academic work can make, provided the methodology is appropriately gendered and sufficiently sensitive in its guiding ideology and techniques to hear and learn from the all too often 'glocalised' other. But in the end there is no solution without politics, and in both the opening and the closing sections of this book there are chapters which address this. What continues to be special about women's political practice is the connection between the groundedness of small groups and the fluidity and flexibility of regional and international networks: the effective politics of the global age. This book, then, is a new criminology for and by women, a book which opens up a new criminological terrain for both women and men - and a book which cannot easily be read without an emotional response.

This book examines the role and practical dynamics of governmental environmental law enforcement agencies and individuals who combat environmental crime. It will inform researchers about the 'real world' experiences of practitioners and provide an intellectual space for practitioners to examine critically what it is they do and why.

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a "bribe merchant"), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.