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Books > Law > Laws of other jurisdictions & general law > Criminal law

The Presumption of Innocence - Evidential and Human Rights Perspectives (Hardcover): Andrew Stumer The Presumption of Innocence - Evidential and Human Rights Perspectives (Hardcover)
Andrew Stumer
R3,347 Discovery Miles 33 470 Ships in 10 - 15 working days

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 - Organization, substantive criminal law, criminal procedure and sanctions... The Criminal Justice System of the Netherlands - Organization, substantive criminal law, criminal procedure and sanctions (Paperback)
Piet van Kempen, Maartje Krabbe, Sven Brinkhoff; Contributions by Maartje Krabbe, Piet van Kempen, …
R1,586 Discovery Miles 15 860 Ships in 10 - 15 working days

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.

Practical Narcotics Investigations (Hardcover, Illustrated Ed): James Henning Practical Narcotics Investigations (Hardcover, Illustrated Ed)
James Henning
R878 Discovery Miles 8 780 Ships in 10 - 15 working days

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.

Hate Crimes - Criminal Law and Identity Politics (Hardcover, New): James B. Jacobs, Kimberly Potter Hate Crimes - Criminal Law and Identity Politics (Hardcover, New)
James B. Jacobs, Kimberly Potter
R2,187 Discovery Miles 21 870 Ships in 10 - 15 working days

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 in International Peace and Security Law (Hardcover): Claus Kress, Robert Lawless Necessity and Proportionality in International Peace and Security Law (Hardcover)
Claus Kress, Robert Lawless
R3,049 Discovery Miles 30 490 Ships in 10 - 15 working days

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 Sustainability of Restorative Justice (Hardcover): Paula Kenny, Liam Leonard The Sustainability of Restorative Justice (Hardcover)
Paula Kenny, Liam Leonard
R3,674 Discovery Miles 36 740 Ships in 10 - 15 working days

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.

Post-Conviction Relief - Advancing Your Claim (Paperback): Freebird Publishers Post-Conviction Relief - Advancing Your Claim (Paperback)
Freebird Publishers; Illustrated by Cyberhut Designs; Kelly Patrick Riggs
R631 Discovery Miles 6 310 Ships in 18 - 22 working days
The Judicial Role in Criminal Proceedings (Hardcover): Sean Doran, John D. Jackson The Judicial Role in Criminal Proceedings (Hardcover)
Sean Doran, John D. Jackson
R5,292 Discovery Miles 52 920 Ships in 10 - 15 working days

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.

The Trial of Tom Horn (Hardcover): John W. Davis The Trial of Tom Horn (Hardcover)
John W. Davis
R981 Discovery Miles 9 810 Ships in 10 - 15 working days

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.

Reimagining Equality - A New Deal for Children of Color (Hardcover): Nancy E Dowd Reimagining Equality - A New Deal for Children of Color (Hardcover)
Nancy E Dowd
R1,222 Discovery Miles 12 220 Ships in 18 - 22 working days

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.

Criminal Proceedings, Languages and the European Union - Linguistic and Legal Issues (Hardcover, 2014 ed.): Francesca Ruggieri Criminal Proceedings, Languages and the European Union - Linguistic and Legal Issues (Hardcover, 2014 ed.)
Francesca Ruggieri
R4,027 Discovery Miles 40 270 Ships in 18 - 22 working days

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 Old Bailey and its Trials (Hardcover, New edition): Bernard O'Donnell The Old Bailey and its Trials (Hardcover, New edition)
Bernard O'Donnell
R2,802 R2,536 Discovery Miles 25 360 Save R266 (9%) Ships in 10 - 15 working days

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.

Huffman'S Services the Negotiator - Nationwide Sentence Reductions (Hardcover): Richard Huffman Huffman'S Services the Negotiator - Nationwide Sentence Reductions (Hardcover)
Richard Huffman
R667 R596 Discovery Miles 5 960 Save R71 (11%) Ships in 18 - 22 working days
Failed Evidence - Why Law Enforcement Resists Science (Hardcover): David A Harris Failed Evidence - Why Law Enforcement Resists Science (Hardcover)
David A Harris
R1,205 Discovery Miles 12 050 Ships in 10 - 15 working days

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 Trespasser's Companion (Hardcover): Nick Hayes The Trespasser's Companion (Hardcover)
Nick Hayes
R446 R409 Discovery Miles 4 090 Save R37 (8%) Ships in 9 - 17 working days

'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

Investigating Cyber Law and Cyber Ethics - Issues, Impacts and Practices (Hardcover): Alfreda Dudley, James Braman, Giovanni... Investigating Cyber Law and Cyber Ethics - Issues, Impacts and Practices (Hardcover)
Alfreda Dudley, James Braman, Giovanni Vincenti
R4,936 Discovery Miles 49 360 Ships in 18 - 22 working days

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.

Rethinking Criminal Law (Hardcover, Third): George P. Fletcher Rethinking Criminal Law (Hardcover, Third)
George P. Fletcher
R3,902 Discovery Miles 39 020 Ships in 10 - 15 working days

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.

American Justice On Trial - People v. Newton (Hardcover): Lise Pearlman American Justice On Trial - People v. Newton (Hardcover)
Lise Pearlman
R978 R857 Discovery Miles 8 570 Save R121 (12%) Ships in 18 - 22 working days
Trial by Jury - A Trial Lawyer Recounts His Favorite Courtroom Battles (Hardcover): Lawrence Rookhuyzen Trial by Jury - A Trial Lawyer Recounts His Favorite Courtroom Battles (Hardcover)
Lawrence Rookhuyzen
R664 Discovery Miles 6 640 Ships in 18 - 22 working days
Security and Liberty - Restriction by Stealth (Hardcover): Kate Moss Security and Liberty - Restriction by Stealth (Hardcover)
Kate Moss
R1,405 Discovery Miles 14 050 Ships in 18 - 22 working days

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.

A Penal Code Prepared by the Indian Law Commissioners (1838) - And published by Command of the Governor General of India in... A Penal Code Prepared by the Indian Law Commissioners (1838) - And published by Command of the Governor General of India in Council (Hardcover)
Thomas Babington Macaulay
R869 Discovery Miles 8 690 Ships in 18 - 22 working days
Corporate Manslaughter and Regulatory Reform (Hardcover): P. Almond Corporate Manslaughter and Regulatory Reform (Hardcover)
P. Almond
R3,281 Discovery Miles 32 810 Ships in 10 - 15 working days

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.

Juvenile Law Violators, Human Rights, and the Development of New Juvenile Justice Systems (Hardcover, New): Eric L. Jensen,... Juvenile Law Violators, Human Rights, and the Development of New Juvenile Justice Systems (Hardcover, New)
Eric L. Jensen, Jorgen Jepsen
R3,691 Discovery Miles 36 910 Ships in 10 - 15 working days

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 - A Sal Luca Gig (Hardcover): Jon Langione, Cathey Langione Canzio - A Sal Luca Gig (Hardcover)
Jon Langione, Cathey Langione
R828 Discovery Miles 8 280 Ships in 18 - 22 working days

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.

Distributive Principles of Criminal Law - Who Should be Punished How Much? (Hardcover): Paul H Robinson Distributive Principles of Criminal Law - Who Should be Punished How Much? (Hardcover)
Paul H Robinson
R2,660 Discovery Miles 26 600 Ships in 10 - 15 working days

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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