With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who 'think' and 'act' through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of 'corporate culture', and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

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.

Using citation analysis, this study examines the influence and prestige of scholars, journals, and university departments in the fields of criminology and criminal justice. In the tradition of Marvin E. Wolfgang's "Evaluating Criminology," the authors apply this quantitative method to evaluate the impact of individuals and their research efforts on two fields and to identify interconnections among scholars and their publications. This examination of the most-cited scholars, works, and topics in major American and international journals from 1986 to 1990 and from 1991 to 1995 provides valuable and unbiased feedback for researchers and practitioners.

The nine chapters of this book detail a wide range of findings in both criminology and criminal justice. After an introduction to the methodology, chapters two, three, and four divide recent scholarship into two periods, 1986 to 1990 and 1991 to 1995, in order to consider the most-cited scholars, works, and topics. Chapter five provides a longitudinal analysis of scholars in the discipline since 1945. Chapters six and seven provide a system of prestige-ratings for relevant journals as well as page coverage analysis of the most influential scholars. The continuing controversy over whether the two fields are converging or diverging is the subject of chapter eight, and the work concludes with a prescription for further research.

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.

Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Hola, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young

This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.

"Tried as an adult." The phrase rings with increasing frequency through America's courtrooms. In Michigan, an 11-year-old is charged with first-degree homicide in the shooting death of a playmate. A mentally disabled boy in Florida faces armed robbery and extortion charges that could bring 30
years in prison for stealing $2 worth of food. Faith in childhood, and its corollary that separate courts are required for children because they are developmentally different from adults, appears to be vanishing. Almost forgotten in this climate--in which a New York Times' headline boldly announced
that the "Fear of Crime Trumps the Fear of Lost Youth"--is the fact that the juvenile court is one of America's most influential legal inventions.
Long before the crimes of the young became a national preoccupation, Americans struggled with many of the same questions posed by today's aggressive sentencing of minors. What is the legal status of children? Does a particularly horrific crime merit a commensurately severe response, regardless of
the age of the offender? Who belongs in juvenile court, and what is its exact purpose?
In his engaging narrative history of the rise and workings of America's first juvenile court, David S. Tanenhaus explores the fundamental and enduring question of how the law should treat the young. Sifting through almost 3,000 previously unexamined Chicago case files from the early twentieth
century, Tanenhaus reveals how children's advocates slowly built up a separate court system for juveniles, all the while fighting political and legal battles to legitimate this controversial institution. In the process, the juvenile court became a catalyst for thedevelopment of the American welfare
state, the medicalization of child rearing, and the beginnings of innovative community organizing programs.
Today, as America's treatment of juvenile offenders becomes increasingly draconian, the United States, once a leader in the international crusade to secure justice for children, is now in this respect effectively a rogue nation. Harkening back to a more hopeful and nuanced age Juvenile Justice in
the Making provides a valuable historical framework for thinking about youth policy.

2010 Honorable Mention, Silver Gavel Award, American Bar Association Uncovers the powerful and problematic practice of snitching to reveal disturbing truths about how American justice works Albert Burrell spent thirteen years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. After being released by Chicago prosecutors, Darryl Moore-drug dealer, hit man, and rapist-returned home to rape an eleven-year-old girl. Such tragedies are consequences of snitching-police and prosecutors offering deals to criminal offenders in exchange for information. Although it is nearly invisible to the public, criminal snitching has invaded the American legal system in risky and sometimes shocking ways. Snitching is the first comprehensive analysis of this powerful and problematic practice, in which informant deals generate unreliable evidence, allow criminals to escape punishment, endanger the innocent, compromise the integrity of police work, and exacerbate tension between police and poor urban residents. Driven by dozens of real-life stories and debacles, the book exposes the social destruction that snitching can cause in high-crime African American neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. Natapoff also uncovers the far-reaching legal, political, and cultural significance of snitching: from the war on drugs to hip hop music, from the FBI's mishandling of its murderous mafia informants to the new surge in white collar and terrorism informing. She explains how existing law functions and proposes new reforms. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

"Principles of International Criminal Law" was first published four years ago and has been well received. It has since appeared not only in a second German edition, but also in Spanish, Italian and Chinese. Rapid developments in the field have now made a new English edition necessary. The worldwide interest in international criminal law is strong and ever growing. This is shown by, among other things, the proliferation of publications on the subject in recent years. While the ad hoc Tribunals for the former Yugoslavia and Rwanda will soon cease operations, the International Criminal Court is just getting in gear: The Court's first decisions on important issues of procedural and substantive law are now available. Other forms of enforcing international criminal law, such as "hybrid" courts, have also assumed greater importance; at the same time, international criminal law has come increasingly to be implemented and enforced in domestic criminal law. Today, there are many indications that international criminal law will continue to develop rather than stagnate or even suffer reversals.

What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.

"Written for a general audience. . . . Excellent. . . . If enough American judges and law professors read his book, some of the silly rules that he criticizes will be discarded."
"--Judge Richard A. Posner, Times Literary Supplement"

"A beautifully written, finely nuanced work, a marvelous comparative constitutional study of criminal procedure that seeks to understand the larger culture."
"--Lawrence Fleischer, New York Law Journal"

"In a cogent, direct argument, Pizzi inveighs against the triumph of the law of unintended consequences over the law of practicality. . . . An important book."
"--Publishers Weekly"

"Pizzi is certainly convincing in his argument that the American trial system is in dire need of overhaul. "
--"Law Society Journal," July 2002 Rodney King. Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulingsaoften with perverse resultsathe American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world.

William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence.

How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed todegenerate into one so profoundly flawed?

Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice systemaand a prescription for how it can be fixed.

This book locates the rise of illicit drug use within the historical development of late industrial society and challenges the prevailing view. Highlighting key areas of continuity and the on-going value of classic criminological theory, it is argued that recent trends do not constitute the radical departure that is often supposed.

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.

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.

This book is an in-depth critique of the USA's dominant political and legal response to "hate crime". The authors show how the media and politicians have constructed a hate crime epidemic without any solid evidence to support it. They argue that hate crime laws make no sense from a law enforcement or criminal justice standpoint, but are only comprehensible as symbolic politics. The well-intentioned effort to denounce prejudice motivated crime may end up dividing the community rather than bringing it together.

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.