The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.

This timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU's approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls. Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future. This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU's Area of Freedom, Security and Justice will also benefit from this book's practical insights into the mechanisms of EU law and justice.

This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading and shared responsibility. Christopher Harding and Alison Cronin reflect on the attempts that have been made globally to use criminal law and other methods of formal legal control, as well as more flexible and innovative approaches under the heading of 'regulation', to address the problem of bad business practice. The book argues for a return to first principles and that the possibility of a reconfiguration of economic ordering and market and trading culture should be considered; as business malpractice is largely inherent in the dominant capitalist model, that model is in need of repurposing and reform. Taking an interdisciplinary approach, this book will be a valuable resource for scholars and students of law with a focus on business, commercial law and criminal law, in addition to researchers of corporate governance and public administration and management. Its critical arguments will also benefit NGOs, business professionals and campaign groups.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.

Criminal Finances Act 2017 is a new legislation guide which explains how the Criminal Finances Bill (which amends the Proceeds of Crime Act 2002) will affect your clients' business, how your firm will need to advise on it, as well as the effects it will have on your own firm. Composed of two parts: part one includes expert commentary on the Bill, breaking it down point-by-point; and part two reproduces the full text of the Criminal Finances Bill. This essential guide will help your firm: * avoid corporate failure to prevent the facilitation of tax evasion * advise your clients on statutory defences * advise your clients on the new unexplained wealth orders * understand the Proceeds of Crime Act 2002, and the money laundering regulations 2007 as amended by the new Act, in particular the duties of solicitors to submit suspicious activity reports.

This thought-provoking work raises important questions about sex offender laws, drawing from personal stories, research, and data to prove the policies promote fear, destroy lives, and fail to protect children. Do sex offender laws protect children, or are they inherently unfair practices that, at their worst, promote vigilante justice? The latter, this book argues. By analyzing the social, political, historical, and cultural context surrounding the emergence of current sex offender policies and laws, the work shows how sex offenders have come to loom as greater-than-life monsters when, in many cases, that is not true at all. Looking at its subject from a fresh viewpoint, the book shares research and new analyses of data and qualitative evidence to show how sex-offender laws are not only ineffective, but engender destructive fear and anxiety. To help readers understand the impact of these laws, the author presents interviews with sex offenders and their families as they describe the day-to-day reality of living on the sex offender registry. Citing research and statistics, the book challenges the idea that sex offenders must be continually monitored and publicly identified because they are incurably predatory. Most important, the study shows that undue sex offender panic is preventing policymakers from addressing the true threats to children-poverty and growing inequality. Provides research-based evidence that the mean-spirited and panic-driven sex offender laws, aimed at branding a group of offenders as inhuman and unworthy of civil liberties and human rights, increases fear, destroys the lives of offenders and their families, and fails to protect children Shows that emphasizing sex offenders and stranger-danger as the primary threat to child well-being and safety prevents focus on and attention to policies that prevent far more pervasive forms of child abuse, such as physical abuse, neglect, and maltreatment Analyzes the sociohistorical context surrounding the emergence of current draconian sex offender policies Challenges the idea that sex offenders must be continually monitored and publicly identified Tells the stories of convicted sex offenders and their families and how they survive in a society that views them as the "worst of the worst"

This insightful book critically explores the political, constitutional, legal, and economic challenges of effectively combating the laundering of the proceeds of crime by politically exposed persons (PEPs) in Africa. Professor John Hatchard draws on numerous recent examples from Africa and beyond, arguing that a three-pronged approach is required to address the issues surrounding money laundering by PEPs; there must be action at the national, transnational, and corporate levels. Taking a forward-thinking perspective, he reviews the strategies which would make this approach effective and offers suggestions for their further enhancement. Professor Hatchard also provides an in-depth analysis of the different money laundering techniques used in African countries and suggests how constitutions, financial intelligence units, asset recovery mechanisms, and the African Court of Justice and Human Rights can be utilised to tackle the problem. The book concludes that while challenges remain, there is cause for optimism that money laundering by African PEPs can be addressed successfully. This book will be of interest to academics and students of law, particularly those focusing on financial law, corruption, and economic crime. Containing a wealth of practical case studies, it will also be beneficial for legal practitioners, policymakers, public officials, and civil society organisations.

In this timely Research Agenda, Barry Rider has assembled a cast of internationally renowned experts to identify the most pressing questions and issues around financial crime, helping to inform our understanding of how best to protect our economies and financial institutions. The book begins by considering what is meant by the term financial crime, addressing how and to whom it causes harm, the ways in which we might evaluate its incidence and impact, and the increasing relevance of measures designed to disrupt economically motivated criminals. Chapters explore the various factors that have led to the rise of financial crime in recent decades, from advances in technology to the practical issues in effective prevention and interdiction. Bringing together an array of perspectives from experts in law, criminology, and regulation and compliance, the book ultimately advances multiple agendas for future research to enhance our understanding of financial crime and better promote its prevention, containment, and management. This incisive Research Agenda will be an invaluable resource for scholars of law, criminology, management studies, and compliance and risk. Its practical insights will also benefit criminal and regulatory lawyers, as well as legislators and researchers involved in the protection of their economies and financial institutions against financial crime.

In America today, one in every hundred adults is behind bars. As our prison population has exploded, "law and order" interest groups have also grown-in numbers and political clout. Committed to punitive justice, these organizations perpetuate America's imprisonment binge. The Toughest Beat forcefully demonstrates how this cyclical process has unfolded in California. In crisp, vivid prose, Joshua Page argues that the Golden State's prison boom fueled the rise of one of the most politically potent and feared interest groups in the nation: the California Correctional Peace Officers Association (CCPOA). As it made great strides for its members, the prison officers' union also fundamentally altered the composition and orientation of the penal field. It promoted extreme punishment and moralistic conceptions of prisoners, helped institute ultra-tough penal policies such as Three Strikes and You're Out, obstructed efforts to privatize prisons, and empowered sympathetic political figures and groups, including crime victims' organizations that it helped create. To understand the nature, purpose, and scope of California's penal system, Page explains, we cannot neglect the story of this group so often known simply as "the powerful prison guards union." Page draws on years of intensive research, using the lessons of the CCPOA to illuminate concrete processes that determine criminal justice outcomes at the state level. He demonstrates how actors produce and reinforce the penal status quo and considers whether, by making these mechanisms clear, we might open the door to real and lasting change in the penal field and beyond. The Toughest Beat is essential reading for anyone concerned with contemporary crime and punishment, interest group politics, and public sector labor unions.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

Could the courts really order the death of your innocent baby? Was there an illegal immigrant who couldn't be deported because he had a pet cat? Are unelected judges truly enemies of the people?

Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society.

Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit.

Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law. Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

This newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases. Key features include: An in-depth examination of cases that are described only superficially in the media Comparative analysis of headline crimes and the evolving issues of crime, punishment and justice Detailed exploration of 11 landmark criminal cases including the trials of Amanda Knox, Mike Tyson and O.J. Simpson. The Advanced Introduction to Landmark Criminal Cases will be a key resource for students and scholars of criminal law and justice. It will also make an interesting read for lawyers and those interested in the famous trials of the last century.

This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Zaluski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense. The Insanity Defense will be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.

With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.

Chapters address the traditional objects of inquiry of the criminal justice system – policing, prosecution and prisons – while also offering reflections on surveillance, the rise of risk within justice and algorithmic justice. They discuss transnational crimes and misbehaviours, such as breaches of human rights, environmental degradation and irregular migration, and examine interactions and flows between the national and the international on issues such as the death penalty, terrorism and juvenile justice. The Research Handbook also analyses crimes and behaviours associated with the ‘dark side’ of globalisation, providing a critical discussion of proposed remedies for the problems posed by globalisation.

Probing the connections between globalisation and criminal policy, this innovative Research Handbook will be an ideal read for scholars and students of comparative criminal justice or comparative criminology. Academics in cognate disciplines such as law, sociology, politics and anthropology will also benefit from this resource.

Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.

This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.

The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).

Through the lens of five institutional functions - quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning - this important book assesses the practice and legal foundations of the United Nations General Assembly in advancing international justice, an increasing priority of the international community. Challenging the assumption that the General Assembly is merely a weak deliberative assembly, Michael Ramsden shows that its pioneering resolutions on international justice have become an invaluable tool in the fight against impunity. As concerns remain over the aptness of international institutions in responding to atrocities, particularly the Security Council, this book establishes the legal foundation for the General Assembly to step into the breach. Chapters also offer innovative arguments on the General Assembly's institutional powers to end impunity as well as a detailed examination on the influence of General Assembly resolutions in judicial decision-making. International Justice in the United Nations General Assembly will be a key resource for scholars and students in the fields of international law and international institutional law, as well as UN and international institutional practitioners who are involved in policy development.

Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems. The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country's legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat. This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development. Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices. Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.

This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform. Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion. Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.