While it is easy to assume that the system of criminal justice in nineteenth-century England was not unlike the modern one, in many ways it was very different, particularly before the series of Victorian reforms that gradually codified a system dependent on judge-made precedent. In the first half of the century capital cases often tried almost summarily, with the accused not being adequately represented and without a system of appeal. There were also fundamental differences in procedure and in the rules of evidence, as indeed there were in attitudes towards crime and criminals. David Bentley has provided an account of the nineteenth-century criminal justice system as a whole, from the crimes committed and the classification of offences to the different courts and their procedure. He describes the stages of criminal prosecution -- committal, indictment, trial, verdict and punishment -- and the judges, lawyers and juries, highlighting significant changes in the rules of evidence during the century. He looks at the reform of the old system and assesses how far it was brought about by lawyers themselves and how far by external forces. Finally, he considers the fairness of the system, both as seen by contemporaries and in modern terms.

Business crime with a corresponding recourse to criminal law and procedure to redress socially unacceptable business conduct continues to rise in many Western countries. In Italy this trend has taken the form of a vast and chaotic collection of special laws, many of them proposed and passed ad hoc in response to specific crimes, and without reference to the Italian Criminal Code or any other systematic body of law. As a result, business activity in Italy is particularly fraught with risk and uncertainty. "Italian Law on Business Crime" is the first book to sort out and organize this mass of legislative material into a coherent and useful body of law. It offers the business person clear assurance that his or her conduct in the course of entrepreneurial or other business activity in Italy will not fall foul of the law. It also provides guidance in identifying and combating the illegal conduct of others that can arise in such areas as taxation and bankruptcy proceedings. Beginning with a detailed background in the elements of Italian criminal law and business crime in general, Professor Di Amato goes on to analyze the particular crimes that can arise in corporate activity, bankruptcy proceedings, matters of taxation and customs duties, transfer of goods, compliance with environmental standards, competition and other market issues, finance, banking, insurance, securities, financial services, and use of negotiable instruments. The book concludes with a concise and valuable description of Italian criminal procedure.

Why do we research unit management in correctional facilities? The research was necessitated by a fundamental need to change the way in which South Africa deals with sentenced inmates. The country boasts one of the highest international recidivism rates. Instead of being a revolving door where shorter-term offenders circulate through the correctional system, or a warehouse where serious offenders are subjected to monotonous empty hours for a lifetime, all correctional systems should actively and meaningfully address recidivism. This means that correctional interventions must contribute to inmate empowerment, resulting in a life without crime. Unit management proves to be a management tool that can facilitate such meaningful contribution. It has been implemented in some international correctional systems but limited international research, mainly from the USA, is available. With their research, the authors uniquely integrate correctional management fundamentals, law, organisational theory, and institutional administrative procedures into one research project. The research aims to lay a foundation for unit management implementation by addressing philosophy, international norms, processes, design, legal principles, risk management, human resources and correctional case studies. These contents deliver evidence of original research that stretches over more than a decade. Unit Management in Correctional Facilities: Law and Administration challenges executive management and the modern-day correctional practitioner on the professional front in terms of accountability, implementation of evidence based correctional best practices and transformation of the correctional system to the ultimate benefit of the offender and the broad society. It aims to equip correctional practitioners, students, lecturers and other academics.

For decades, the EU has developed a system of criminal justice consistent with the mixed (sometimes contradictory) tendencies embedded in its very own structure. The Lisbon Treaty consolidated some federal elements that have an impact on the future development of this area of law. The sovereign debt crisis of 2010 and its progeny have, if anything, consolidated the need for the federal protection of EU financial interests at the EU level. This book aims to provide new insights in the federal dimension of these developments. Beginning with an analysis of the current state of affairs, the book also tackles the federalizing elements contained in such issues as the creation of a European banking supervision authority, the establishment of the European Prosecutor Office or the enactment of a EU regulation containing the grounds rules of its functioning. Throughout the chapters the reader will find constant references to the most efficient system of federal criminal law, i.e. the US system. This comparative law note serves the purpose of confirming the federal nature of what has been achieved so far at the EU level and providing guidelines for its future development. The basic contention of this book is that such regulation and its enforcement at the EU level is a fundamental tool to achieve the goals that the EU has already set forth in the upcoming agenda. In a nutshell: although the EU is not a federal state, it has the same problems as if it were.

Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the time of prosecution. This is a relatively new phenomenon within the criminal justice system. This book examines the response of the criminal justice systems of common law jurisdictions to such challenging cases, and explores how the system should respond in order to ensure that the defendant receives a fair trial, whilst recognizing the reasons why complainants may delay reporting abuse for many years. The book begins with a discussion of the psychological effects of childhood sexual abuse in order to shed light on the reasons why a victim might delay in making a complaint. Two central categories of delay are introduced: those in which the victim always remembered the abuse but was unable to complain; and those in which the victim's memory of the abuse was allegedly lost and later recovered. The debate over whether long-delayed criminal prosecutions should be brought, and the particular concerns raised by delayed childhood sexual abuse cases, are reviewed. Statutory and constitutional limits on the bringing of such cases are canvassed. The common law remedies of abuse of process and prohibition, which can ensure that unfair or oppressive prosecutions do not proceed, are examined. The focus then turns to the trial of delayed childhood sexual abuse allegations, considering the use which can be made by the prosecution and defence of evidence of complaint and delay in complaint, and the methods by which the jury can be informed of the reasons why complainants may delay. The role of warnings to the jury about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward is scrutinized. Particular problems raised in cases involving recovered memories, and those involving multiple allegations are analysed. Finally, retrospective assessment of trial fairness and the safety of convictions is considered. The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales; Ireland; Canada; Australia; New Zealand and the United States.

This authoritative book provides a holistic overview of terrorist groups and finances, including consideration of the necessity and differing financial needs of different groups. For over a decade international efforts by law enforcement, government and financial regulatory authorities have been deployed in combatting terrorist financing, in good faith and with dedication beyond reproach. This book surveys the methods of financing of numerous terrorist groups and organisations 'AEi including the Chinese and Asian dimension 'AEi and considers why ultimately international efforts to combat the financing of terror are failing. Nick Ridley expertly illustrates the scale of the problem by first outlining the strategies of anti terrorist financing, the pre and post 9/11 differences in scope and extent of terrorist attacks, the financial support and the national and international efforts to implement and carry out countermeasures. He then goes on to set out a detailed analysis of the apparent failure of such counter measures to date. Including operational case studies and details from the authors own experience, studies and access to law enforcement and private sector sources, this book will prove insightful for undergraduate and postgraduate students studying criminology, history and law disciplines. Those in the legal profession will also find plenty of useful information in this topical compendium.

This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor's Office, whose European judicial nature still coexists with strong national components.

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process.

Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process.

Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal systeM's disarray compelling, and his argument as to how it may be reconstructed important and provoking.

The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.

Two original national surveys were conducted to examine the differences between mass and elite opinion regarding the policy making decisions of the Supreme Court in the area of criminal procedure. The results of the surveys indicate that those who have obtained a legal education are generally more protective of civil libertarian ideals. However, at times, when the Supreme Court has decided against what would be considered the civil libertarian alternative, lawyers are actually less civil libertarian than the rest of the mass public. Among the mass public, knowledge and education did not play as prominent a role in shaping opinions as did demographic variables. The survey results indicate that divergent opinions regarding the root causes of crime account for the differences in opinion regarding police methods in apprehending potential defendants. Most surprising, and most significant, is that contrary to reports in the mass media, the mass public is relatively protective of civil liberties. Professor Lock then proposes approaches whereby the courts and the legal profession can work to develop an even more supportive mass public. A study of particular importance to students, scholars, and public policy makers in the areas of constitutional and criminal law and public opinion.

Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

Choice's Outstanding Academic Title list for 2013 The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement's greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state's priorities for women's goals. A Troubled Marriage is a provocative exploration of how the legal system's response to domestic violence developed, why that response is flawed, and what we should do to change it. Goodmark argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. Theoretically rich yet conversational, A Troubled Marriage imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.

The Northern Ireland peace process has been heralded by those who participated in it as a successful example of transformation from a violent conflict to a peaceful society. However, the Good Friday Agreement ('the Agreement') negotiated by the British and Irish governments and the Northern Irish political parties did not in fact represent the end of the peace process; instead it offered a template through which Northern Ireland could reach a sustained peace. That template presented a programme for the return to normality of Northern Ireland. This book explores whether Northern Ireland is still an outlier from the rest of the UK, or whether the Agreement's plan for Northern Ireland has been fully realised. The book examines the implementation of the Northern Ireland peace process as a whole. However, its main focus is on the impact of new types of terrorism, and government responses to that new terrorism, on the process of normalising Northern Ireland. The internal and external factors that have impeded Northern Ireland's transformation from an exceptional part of the UK to one that is consistent with the political and societal features of the other regions are analysed.It also considers the normalisation of 'post-conflict' Northern Ireland in the context of the expansion of anti-terrorism legislation for international terrorism in the whole of the UK. In doing so the book highlights the continuing use of exceptional anti-terrorism laws in Northern Ireland outside of the emergency for which they were originally intended, as well as revealing the extent to which Northern Ireland's past anti-terrorism laws have been re-enacted as permanent, non-emergency legislation for the whole of the UK. The book thus demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end.

This book provides a detailed examination of anti-money laundering policies and legislative frameworks in a number of jurisdictions and considers how successful these jurisdictions have been in implementing international measures to combat money laundering. Looking at the instruments and proposals put in place by a number of institutions including the United Nations (UN), the Financial Action Task Force (FATF) and the European Union, the book begins by reclassifying and expanding the traditional global anti-laundering policy to include aspects such as having a national money laundering strategy in place, the implementation of international instruments and the role of government and regulatory agencies. Ryder then offers a comparative analytical review of the anti-money laundering policies adopted in the United States of America, Canada, the United Kingdom and Australia and considers to what extent they have followed and implemented the identified global anti-money laundering policy. Money Laundering - An Endless Cycle? will be of particular interest to academics and students in the fields of Law, Finance, Banking and Criminology.

What lessons can we learn from history, and more importantly: how? This question is as commonplace as it is essential. Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. What policy has or has not worked in the past is an obvious key question. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. In his critical introduction, the editor investigates the framework of this unease. At the core of this book are nine national European case studies (post 1945, the 1970s dictatorships, post 1989) which implement the true scholarly advantage of historical research for the field of transitional justice: the broad temporal space. All nine case studies tackle the longer-term impact of their country's transitional justice policies. Two comparative conclusions, amongst others by the internationally renowned transitional justice specialist Luc Huyse, complete this collection. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.

This book focuses on the world's first publicly-funded body- the Criminal Cases Review Commission- to review alleged miscarriages of justice, set up following notorious cases such as the Birmingham Six in the UK. Providing a critique of its operations, the book shows that its help to innocent victims of wrongful conviction is merely incidental.

I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.

Blackstone's Handbook for Policing Students 2020 reflects the multitude of avenues into policing now open to future police officers, from pre-join degree courses and degree apprenticeships to progression from serving as a Special or working as a PCSO. Divided into six parts, representing key stages in your progression from pre-join programmes, to initial training and then confirmation, the Handbook leads you through the topics, covering theory, discussion, and practice while developing skills of analysis, problem solving, and forms of reasoning. Coupled with a comprehensive and accessible style, the book ensures you have the knowledge and understanding necessary to undertake independent patrol in a professional and competent manner. Key topics covered include stop, search, and entry; alcohol and drug offences; sexual offences; interviewing; and intelligence, as well as a new chapter on cybercrime. Parts of initial police training common to all new entrants are easily identified and there are specific chapters on qualification structures and training and assessment, meeting the needs of students whether you are entering policing through pre-join schemes or through an alternative qualification route.

This study introduces key emerging perspectives in postmodern analysis and discusses how they might be integrated, synthesized, and applied in criminology, law, and social justice. Milovanovic first familiarizes readers with discourse analysis (Lacanian), chaos theory, catastrophe theory, and edgework theory. Next, he covers various practical applications through literature and film, in client-lawyer practices, etc. These new critical perspectives will be invaluable tools for scholars in law, criminology, criminal justice, sociology, and law enforcement.

These theories shed light on how nonmaterially motivated forms of crime, those that provide adrenalin rushes or excitement, can be understood. They help to explain the development of sudden forms of violence, such as criminal acts by disgruntled workers, as well as how mediation practices can curtail such escalating violence. Milovanovic also demonstrates how constitutive theorizing can serve as an umbrella integrative theory, which provides sufficient space for various syntheses. A case-in-point is how edgework theory (adrenalin rush, excitement, visceral experiences) can be understood in criminology and in the establishment of social justice.

This bundle incorporates 14 titles from key thinkers across the field of Criminology, including those featured in the Routledge student reference book, Fifty Key Thinkers in Criminology such as Carol Smart, John Braithwaite and Thomas Mathiesen. Covering a wide-spectrum of sub-disciplines from across the field, this is an essential collection that provides accessible information and comprehensive coverage for any student of Criminology.