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Books > Law > Laws of other jurisdictions & general law > Criminal law
Enhance understanding of criminal Law and clarify complex issues Criminal Law (Longman Law series), 7th Edition, by William Wilson, combines coverage of the core legal principles with discussion of the theories and academic debates that underpin the subject. Enhance your understanding of criminal law and make use of the reading references to pertinent academic articles, hypothetical case examples that clarify complex issues, and end-of-chapter summaries - paving the way for further studies. New to this edition: Two cases on consent in the context of non-fatal offences against the person - Melin (2019) qualifies Richardson (1999) on the effect of fraudulent misrepresentation on apparent consent; R v BM (2018) makes an important clarification of the need for non-clinical forms of body alteration to satisfy the public interest if they are to be lawful In Ivey v Genting (2017), the Supreme Court returned dishonesty to its pre Ghosh (1982) meaning Mitchell (2018) and Tas (2018), typify the persisting problems governing joint enterprise post Jogee (2016). Tas also raises questions about the continued significance of Rafferty (2007) on supervening acts Wallace (2018) raises important questions about the notion of a voluntary act in the context of the chain of causation, an issue most notably raised in Kennedy (2007) Loake v CPS (2017) makes an important clarification of how insanity is a general defence and not limited to crimes of mens rea Ray (2017) affirms the ruling in Collins (2015) on the question of reasonableness in householder cases, and Cheeseman (2019) rules that the householder defence is available to a person who injures another person who had entered a premises lawfully but had then become a trespasser William Wilson is Emeritus Professor of Criminal Law at Queen Mary, University of London, and Course Convenor and Chief Examiner for criminal law on the University of London International Laws Programme. Pearson, the world's learning company.
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
The role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge's role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates' justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere. Authors include Judge Jack B. Weinstein, Andrew Ashworth, Mike McConville, and Justice Albie Sachs.
2018 Outstanding Academic Title, given by Choice Magazine A comprehensive examination of developmental inequality among children Developmental equality-whether every child has an equal opportunity to reach their fullest potential-is essential for children's future growth and access to opportunity. In the United States, however, children of color are disproportionately affected by poverty, poor educational outcomes, and structural discrimination, limiting their potential. In Reimagining Equality, Nancy E. Dowd sets out to examine the roots of these inequalities by tracing the life course of black boys from birth to age 18 in an effort to create an affirmative system of rights and support for all children. Drawing on interdisciplinary research, the book demonstrates that black boys encounter challenges and barriers that funnel them toward failure rather than developmental success. Their example exposes a broader reality of hierarchies among children, linked to government policies, practices, structures, and institutions. Dowd argues for a new legal model of developmental equality, grounded in the real challenges that children face on the basis of race, gender, and class. Concluding with a "New Deal" for all children, Reimagining Equality provides a comprehensive set of policies that enables our political and legal systems to dismantle what harms and discriminates children, and maximize their development.
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.
The author attempts to give a comprehensive story of the Old Bailey, and the colorful part it played in the criminal history and administration of justice in England.
With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science-it rejects it instead, resisting it vigorously. The question at the heart of this book is why. "" Eyewitness identifications procedures using simultaneous lineups-showing the witness six persons together,as police have traditionally done-produces a significant number of incorrect identifications. "" Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect's guilt significantly increase the prospect of an innocent person confessing falsely. "" Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error - an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer. Justice demands no less. Visit the author's blog here.
Ethical values in computing are essential for understanding and maintaining the relationship between computing professionals and researchers and the users of their applications and programs. While concerns about cyber ethics and cyber law are constantly changing as technology changes, the intersections of cyber ethics and cyber law are still underexplored. Investigating Cyber Law and Cyber Ethics: Issues, Impacts and Practices discusses the impact of cyber ethics and cyber law on information technologies and society. Featuring current research, theoretical frameworks, and case studies, the book will highlight the ethical and legal practices used in computing technologies, increase the effectiveness of computing students and professionals in applying ethical values and legal statues, and provide insight on ethical and legal discussions of real-world applications.
Corporate Manslaughter and Regulatory Reform provides an innovative account of the emergence of new corporate manslaughter offences to criminalize deaths in the workplace during the last twenty years. This has occurred in many different national jurisdictions, but this book shows how these developments can be understood as a coherent phenomenon. It identifies the historical and legal origins of the instrumentalism that has limited the ability of health and safety regulation to respond effectively to work-related death cases, and explains how and why criminal law came to be used as a means of addressing these limitations by reinforcing the moral values underpinning regulation. The contemporary neo-liberal political context is shown to have posed fundamental challenges to systems of safety regulation, and created an environment in which the criminal law is seen as an effective and desirable means of delivering important moral and symbolic messages that regulation cannot communicate effectively itself.
This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition which will be published by OUP in three volumes, the first of which is scheduled to appear in January 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
The book Criminal proceedings, languages and the European Union: linguistic and legal issues the first attempt on this subject deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this "scenario," the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V)."
Considering the question of how levels of security allow state power to be increased to the point at which it infringes essential civil liberties, this book explores the creeping power of the executive and the unfeasibility of widespread use of the Human Rights Act as a bulwark against the oppressive use of state power.
This volume brings together scholars and practitioners specialising in juvenile justice from the US, Europe, alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition. The book thus presents two types of papers, the first being descriptive and analytical academic papers on whole systems of juvenile justice or certain parts thereof (e.g., aftercare, restorative justice, etc.). These topics are presented as essential for the development of new juvenile justice systems. The second group of papers deal with efforts to promote reform through international activity (PRI, DCI, DIHR), and through efforts to utilise modern theory in national reforms in developing countries (Malawi, Nepal, and Serbia) or in countries experiencing current or recent political and systemic changes or developments (South Africa, Germany, and Poland). The volume is also intended to throw light on recent trends in juvenile crime in various countries, the relationship between actual developments and popular and political perceptions and reactions to such developments, including the efforts to locate effective alternatives to the incarceration of young offenders. At the same time as the search for such alternatives is being intensified through international exchange and experimentation, the amelioration of harsh measures against juvenile law violators is often countered by political and public outcries for security and demonstrative public intervention against misbehavior. A streak of new moralism is clearly discernable as a counteracting force against more humane reform efforts. The volume throws light on developments in the actual parameters of juvenile offending, public and political demands for security and public intervention, and measures to provide interventions which are at the same time compatible with international human rights instruments.
In the early 18th Century, Daniel Defoe found it natural to write a
novel whose heroine was a sexually adventurous, socially marginal
property offender. Only half a century later, this would have been
next to unthinkable. Lacey explores the disappearance of Moll, and
her supercession in the annals of literary female offenders by
heroines like Tess, serving as a metaphor for fundamental changes
in ideas of selfhood, gender and social order in 18th and 19th
Century England. Drawing on law, literature, philosophy and social
history, she argues that these broad changes underpinned a radical
shift in mechanisms of responsibility-attribution, with decisive
implications for the criminalization of women.
The rules governing who will be punished and how much determine a
society's success in two of its most fundamental functions: doing
justice and protecting citizens from crime. Drawing from the
existing theoretical literature and adding to it recent insights
from the social sciences, Paul Robinson describes the nature of the
practical challenge in setting rational punishment principles, how
past efforts have failed, and the alternatives that have been
tried. He ultimately proposes a principle for distributing criminal
liability and punishment that will be most likely to do justice and
control crime.
African Americans today face a systemic crisis of mass underemployment, mass imprisonment, and mass disfranchisement. This comprehensive reader makes clear to students the mutual constitution of these three crises. NEW SERIES ANNOUNCEMENT Critical Black Studies Series Editor: Manning Marable The Critical Black Studies Series features readers and anthologies examining challenging topics within the contemporary black experience--in the United States, the Caribbean, Africa, and across the African Diaspora. Under the general editorial supervision of Manning Marable, the readers in the series are designed both for college and university course adoption, as well as for general readers and researchers. The Critical Black Studies Series seeks to provoke intellectual debate and exchange over the most critical issues confronting the political, socioeconomic and cultural reality of black life in the United States and beyond.
This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.
Money laundering has been around as long as there have been illicit businesses, since criminals have always had to convert their ill-gotten gains into clean financial instruments in order to utilize them in legitimate business. Grosse explores how drug traffickers turn profits from street sales of cocaine and crack into bank accounts, airplanes, securities investments, and other uses. These schemes are both creative and extensive, from shipping suitcases of dollars to Mexico, to buying gold with drug cash in California, to faking the export of clothing from Colombia to Panama. The amounts of money involved are often staggering--hundreds of millions of dollars in most cases. Grosse also considers some of the issues raised by money laundering. He offers advice to banks and other financial institutions that hope to avoid becoming involved in a money laundering process. He examines the social costs and benefits of money laundering, in particular the charge that the rapid development of Miami in the 1980s was due directly to the hundreds of millions of cocaine dollars invested in real estate and businesses by the "cocaine cowboys." Increasing law enforcement has, in Grosse's opinion, only resulted in more clever laundering schemes, and recent discussion about legalizing narcotics will prove even more costly for the United States.
This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Is the Death Penalty Dying?." Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume provides a comprehensive assessment of the status of the death penalty in the United States, its past, and its trajectory for the future. Taken together, the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines.This is a special issue examining the death penalty in the US. It draws together an array of distinguished scholars from political science, criminology, sociology, and law.
Canzio Ricci survived a parachute jump behind enemy lines during WWII. Figuring he has won one roll of the dice, he is determined to do it his way on the next roll. Coming home after the war he becomes the smartest gangster on the east coast, living large, driving big cars, and having beautiful ladies on his arm. Never busted, never needed a lawyer, he outsmarted police chiefs, mayors, and other crew bosses. From cons and scams to loan sharkin in Vegas, its all there. Philadelphia reporter Sal Luca gives details of what this very wise guy got away with in CANZIO: A Sal Luca Gig. |
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