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Books > Law > Laws of other jurisdictions & general law > Criminal law
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.
The Criminal Justice System of the Netherlands offers an
introduction to our fascinating legal system from a criminal law
angle. The book consists of four parts. Part I covers general
matters, such as the organization of the Dutch criminal justice
system and the latest statistics on crime and punishment. Part II
presents the basics of Dutch substantive criminal law and Part III
discusses our criminal procedure. Lastly, Part IV focusses on the
final stage of the criminal process: sanctions and their
enforcement. Throughout the book, authors highlight aspects of the
criminal justice system of the Netherlands that would be of
specific interest to foreigners. These peculiarities include, for
example, the many powers of the Dutch public prosecutor, the Dutch
position on euthanasia and our (in)famous drug policy. The book
contains several references to case law, websites and more detailed
texts (in English where possible) in order to support readers who
desire a more thorough understanding of a specific topic. The
Criminal Justice System of the Netherlands is recommended to
students taking an introductory course on Dutch criminal law or on
comparative criminal law. It is, however, also an excellent
starting point for foreign researchers who wish to explore the
Dutch criminal law system.
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.
There is a growing acknowledgment amongst professionals and
academics that we need to develop new responses to crime. This book
provides an insight into the first introduction of restorative
justice to the criminal justice system in the Republic of Ireland.
By analysing six case studies of restorative conferencing events,
the authors aim to address the salient question of how restorative
conferencing for young offenders can facilitate an exchange process
whereby forms of reparation and social regulation may be achieved.
The restorative justice process has much to offer, and the authors
argue that this concept, particularly as it centres on the greater
use of non custodial sentences, will not only bring about changes
in the law but also have significant implications for social
regulation.
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.
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.
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.
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)."
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.
'The countryside ought to be for everyone, and this beautiful,
thoughtful companion can help us all start to forge paths into the
forgotten corners of our green, pleasant and often inaccessible
land' Catrina Davies, author of Homesick The Trespasser's Companion
is a rallying cry for greater public access to nature and a gently
seditious guide to how to get it: by trespassing. We are excluded
from the majority of our land and waterways in England, but
bestselling writer Nick Hayes shows how reclaiming our connection
to nature would be better both for us, and for nature. By stepping
over the fences that bar us from the countryside, by engaging more
deeply with nature through craft, education, and citizen science,
we can rediscover not only a land that has been hidden from us for
too long, but also reignite our collective responsibility to
protect it. Interwoven are testimonials from expert contributors -
farmers and landworkers, activists and authors - each with deeply
personal stories of what a connection to nature means for them.
With exquisite woodcut illustrations throughout, this is both a
love letter to our land and a call to action. 'The Trespasser's
Companion is many things at once: a how-to guide; a spell book; a
call to arms' Kerri Andrews, author of Wanderers
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.
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.
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.
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 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.
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.
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.
Paul Robinson is one of the world's leading criminal law experts.
He has been writing about criminal liability and punishment issues
for three decades, and has published dozens of influential articles
in the best scholarly journals. This long-awaited volume is a
brilliant synthesis of social science research and legal reasoning
that brings together three decades of work in a compelling line of
argument that addresses all of the important issues in assessing
liability and punishment.
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