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Books > Law > Laws of other jurisdictions & general law > Criminal law
1. This book offers the first practical introduction to the principles and methods of Evidence-Based Policing. While there is a growing literature on the topic, most existing books are written at a high level. 2. Pedagogical features include tables, figures and short vignettes and summaries in each chapter. Further resources will be included on the author's website, including his Podcast, Reducing Crime. 3. This book has an international market and will appeal to both students studying practical policing courses and police professionals.
Sexual exploitation and abuse by United Nations (UN) peacekeepers is not an isolated or recent problem, but it has been present in almost every peacekeeping operation. A culture of sexual exploitation and abuse is contrary to the UN's zero-tolerance policy and has been the target of institutional reforms since 2005. Despite this, allegations of sexual abuse continue to emerge, and the reforms have not solved the problem. This book is a response to the continued lack of accountability of UN peacekeepers for sexual exploitation and abuse. Focusing on military contingent members, this book aims to analyse ways in which the UN can fill the accountability gap while taking a feminist perspective and emphasising the needs of victims, their communities, and the host state. This book directly challenges the status quo of relying on troop-contributing countries (TCCs) to hold their peacekeepers to account. It proposes first, the establishment of a series of hybrid courts, and second, a mechanism for dealing with victim rehabilitation and reparation. It addresses these topics by considering international and human rights law and will be of interest to researchers, academics, policymakers, and students with an interest in international criminal law, United Nations peacekeeping, and peace studies.
Children are recruited to fight in conflicts around the world and
violent cruelty characterizes many of the conflicts in which
children participate. Some children are perpetrators of some of the
worst acts of depraved murder, disfigurement, and terrorism
imaginable. They then struggle to reintegrate into communities that
were victims of the violence. Taking into account the interests of
children and other victims of conflict, and considering the needs
of post-conflict communities, this book examines and offers
suggestions for how transitional justice practices should
conceptualize and address the involvement of child soldiers in
violent collective harm.
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.
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.
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.
The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.
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.
This edition gives full attention to the new constitutional context in which South African criminal law now operates. It also looks at the emerging culture of human rights and freedoms which has begun to generate a significant shift in perceptions of the "boni mores" of a new South African society. The law is stated as at June 1996, and references to the Constitution of the Republic of South Africa are to the final Constitution enacted in 1996.
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.
Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as "plea bargaining", "negotiated guilty pleas" and "negotiated resolutions" are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect "justice" outcome gives way to the good, or just the reasonably acceptable justice outcome.
The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be. Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today? This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.
This book develops a more nuanced, and technically rigorous, account of persons and groups in the context of intentional action and responsibility. Until now criminologists have taken groups as fairly straightforward associations and neglected the technical - and problematic - issues of how intention and action both structure membership and action. Amatrudo also assesses the often-overlooked fleeting nature of many groups and the overstated continuity of group membership, and this book has radical implications for the way we describe criminal groupings e.g. "criminal" groups with their loose bonds but tight sense of intentionality from criminogenic groups with their tight bonds and loose sense of intentionality. A key issue investigated here is the implications involved for people incarcerated on joint criminal enterprise charges and gang membership-related charges; and this timely topic will be of great interest to academics and students of Criminology, Law, Sociology and a variety of other Social Sciences. The volume will also be useful for lawyers, social workers, community workers and others involved in the criminal justice system.
In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.
This book is dedicated to improving the practice of the policing of domestic abuse. Its objective is to help inform those working in policing about the dynamics of how domestic abuse occurs, how best to respond to and investigate it, and in the longer term how to prevent it. Divided into thematic areas, the book uses recent research findings to update some of the theoretical analysis and to highlight areas of good practice: 'what works and why'. An effective investigation and the prosecution of offenders are considered, as well as an evaluation of the success of current treatment options. Policing domestic abuse can only be dealt with through an effective partnership response. The responsibilities of each agency and the statutory processes in place when policy is not adhered to are outlined. Core content includes: A critique of definitions and theoretical approaches to domestic abuse, including coverage of the myths surrounding domestic abuse and their impact on policing. An exploration on the challenges of collecting data on domestic abuse, looking at police data and the role of health and victim support services. A critical review of different forms of abuse, different perpetrators and victims, and risk assessment tools used by the police. A critical examination of the law relating to domestic abuse; how police resources are deployed to respond to and manage it; and best practice in investigation, gathering evidence, and prosecution Key perspectives on preventing domestic abuse, protecting victims, and reducing harm. Written with the student and budding practitioner in mind, this book is filled with case studies, current research, reports, and media examples, as well as a variety of reflective questions and a glossary of key terms, to help shed light on the challenges of policing domestic violence and the links between academic research and best practice.
This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
This fifty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2012-2016. It is the last volume on the Special Court for Sierra Leone. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series:http://www.annotatedleadingcases.com/about.aspx.
If the FBI asks local law enforcement agencies to interrogate Arab and Muslim men within their jurisdictions, may the Detroit Chief of Police decline to do so? Would allowing the federal government to insist on local assistance be an example of undesirable federal overreaching or desirable national uniformity? If the FBI engages in a Joint Terrorism Task Force with local law enforcement officials in Portland, Oregon, may Portland police officers ignore surveillance-limiting Oregon state laws that apply to them, but not to the FBI? May those officers be bound to secrecy and prohibited from telling their employers if their colleagues violate state law? If the city of Arcata, California, disapproves of powers the USA Patriot Act gives federal investigators, may it prohibit its law enforcement personnel from helping the FBI conduct investigations? Concern about the proper balance between federal and local authority reaches back to the founding of our nation. That discussion has been re-ignited by the shock waves generated on September 11, 2001, which profoundly challenged our understandings of various constitutional strategies established to prevent overreaching by the Federal government. Until now, the discussion about the impact of 9/11 on American law has paid little attention to federalism, a vertical check on the federal government that complements the horizontal checks created by the separation of powers of the legislative, judicial, and executive branches. Questions about the ability of state and local governments to make their own policy choices form an important subset of questions about how far the federal government can or should go in its antiterrorism efforts. Clashes between claims of national authority and claims of local autonomy raise political questions that play out within a framework of constitutional law. "Terrorism, Government, and LaW" is designed to foster an important national conversation on this subject.
This book explores how the construction and contestation of victims in societies emerging from conflict impact processes of peacebuilding. It locates its inquiry in Northern Ireland where highly politicized, unresolved narratives of violence and a so-called 'hierarchy of victims' illuminate inherent paradoxes of victimhood in intergroup conflict. The author critiques how mechanisms designed to address the legacy of conflict often reify exclusive 'victim' and 'perpetrator' identities and obscure complex harm. Adopting an interdisciplinary lens, the book examines how the image of the ideal victim interacts with intergroup processes in a polarizing and intractable victim-perpetrator paradigm. The analysis of these issues in Northern Ireland suggests that exclusive policies and mechanisms reinforce rather than repair societal divisions, and that inclusive, complex approaches to victimhood are necessary to build sustainable peace. This book will be of particular interest to scholars of peace studies, transitional justice and criminology.
The Injustice of Justice is a purposeful book designed to introduce the public as well as the profession to an alternate method of policing with a whole-community and responsibility-based approach. Don has written the book from the perspective of a businessman whose interest and subsequent involvement stems first from his employee, then a compassionate and compelling group of individuals in law enforcement and our justice system. Here are a few responses to the book: "Equal protection under the law is one of the basic premises of the American justice system. Yet many Americans feel this concept is not only elusive, but virtually impossible to attain. It's something we hope for and work to make real. Chief Grady has given us a practical approach to seeking justice while at the same time practicing reality. His book should be a must read for courses in community-police relations and for individuals and groups who want to better understand how our criminal justice system works, what good policing is, what changes are needed, and how we can all engage in making it happen." "Donald Grady has presented a policing model that is way ahead of its time. This book is a telling look at the inadequacies of our criminal justice system from a criminal justice insider..".".a must-read for anyone interested in innovative law enforcement strategies and forging stronger police-community relations. In sharing his successful leadership methods and progressive ideas, Chief Donald Grady has provided a valuable service."
The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.
This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law. |
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