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Books > Law > Laws of other jurisdictions & general law > Criminal law
The idea that multiple personalities can exist within the same body has long captured the Western imagination. From Three Faces of Eve to Sybil, from Pyscho to Raising Caine, from 60 Minutes to Oprah to One Life to Live, we are captivated by the fate of multiples who, divided against themselves, wreak havoc in the lives of others. Why do we find multiple personality disorder (MPD) so fascinating? Perhaps because each of us is aware of a dividedness within ourselves: we often feel as if we are one person on the job, another with our families, another with our friends and lovers. We may fantasize that these inner discrepancies will someday break free, that within us lie other personalities--genius, lover, criminal--that will take us over and render us strangers to our very selves. What happens when such a transformation literally occurs, when an alter personality surfaces and commits some heinous deed? What do we do when a Billy Milligan is arrested for a series of rapes and robberies, of which the original personality, Billy, is utterly oblivious? What happens when a Juanita Maxwell, taken over by her alter personality, Wanda, becomes enraged and commits a murder which would horrify Juanita? Who really committed these deeds? Are alter personalities people? Are they centers of consciousness which are akin to people? Mere parts of a deeply divided person? Who should held accountable for the crimes? Which is more appropriate--punishment or treatment? In Jekyll on Trial, Elyn R. Saks carefully delineates how MPD forces us to re-examine our central concepts of personhood, responsibility, and punishment. Drawing on law, psychiatry, and philosophy, Saks explores the nature of alter personalities, and shows how different conceptualizations bear on criminal responsibility. A wide-ranging and deeply informed book, Jekyll on Trial is must reading for anyone interested in law, criminal justice, psychiatry, or human behavior.
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person's silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
The policing of pornography remains the subject of widespread and ongoing controversy. This book provides a history of this policing which is geared towards understanding the current debate. The authors demonstrate that obscenity law cannot be understood negatively as censorship and must instead be seen as part of the positive administration of a particular practice of sexuality. They also argue that pornography itself should be described negatively as a mere representation of real sex but positively as a real practice of sex using representations. This history indicates that obscenity law is not, as liberals claim, a mistaken attempt to police moral ideas, but rather forms part of the legitimate governmental regulation of a problematic social conduct. At the same time it asks whether feminists might not be mistaken in attributing this conduct to the nature of the male imagination.
This book surveys the development of laws surrounding the crime of money laundering and the associated changes in the anti-money laundering (AML) industry. The policy of attempting to deal with crime by attacking its financial products started in the arena of drugs, but quickly moved to organised crime, terrorism, corruption and tax. Now the focus has shifted once again to organised crime and to immigration. In the wake of the failure of the 'war on drugs' a huge amount of money is now being spent on a global surveillance and reporting system, and we do not know whether the system works or not. What Went Wrong With Money Laundering Law? documents the events which, taken independently, could each be seen as rational responses to specific problems and as incremental adjustments to the focus of the law. Taken together, however, it is demonstrated that they have led to significant changes in the law and to the current situation. Underlying the entire AML industry is the crime of money laundering, which, having been devised more to provide a trigger for the reporting machinery than to describe and condemn a particular category of harmful behaviour, is now being used in a far wider range of cases than is appropriate. This book will be of great interest to scholars and practitioners of criminal and financial law, socio-legal studies and criminology.
The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with two major European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences.
In 2015 the College of Policing published its Leadership Review with specific reference to the type of leadership required to ensure that the next generation of Chief Constables and their management approach will be fit for purpose. Three key issues were highlighted as underpinning the effective leadership and management of contemporary policing: hierarchy, culture and consistency. Yet these are not just relevant to modern policing, having appeared as constant features, implicitly and explicitly, since the creation of the first provincial constabularies in 1835. This collection reviews the history of the UK Chief Constable, reflecting on the shifts and continuities in police leadership style, practice and performance over the past 180 years, critiquing the factors affecting their operational management and how these impacted upon the organization and service delivery of their forces. The individuality of Chief Constables significantly impacts on how national and local strategies are implemented, shaping relationships with their respective communities and local authorities. Importantly, the book addresses not just the English experience but considers the role of Chief Constables in the whole of the United Kingdom, highlighting the extent to which they could exercise autonomous authority over their force and populace. The historical perspective adopted contextualises existing considerations of leadership in modern policing, and the extensive timeframe and geographical reach beyond the experience of the Metropolitan force enables a direct engagement with contemporary debates. It also offers a valuable addition to the existing literature contributing to the institutional memory of UK policing. The contributors represent a range of disciplines including history, law, criminology and leadership studies, and some also have practical policing experience.
While evidence-based policy is an emerging rhetoric of the desire by and for governments to develop policies based on the best available evidence, drug policy is an area where particular challenges abound. This book is a detailed and comprehensive examination of the contours of drug policy development through the consideration of the particular roles of science, media, and interest groups. Using Belgium as the primary case-study, supplemented by insights gathered from other countries, the author contributes to a richer understanding of the science-policy nexus in the messy, real-world complexities of drug policy. Change or Continuity in Drug Policy: The Roles of Science, Media, and Interest Groups is the first book to bring together policy and media theories, knowledge utilisation models, and public scholarship literature. As such, the book provides unique insights relevant to aspects of change or continuity in drug policies in Europe and beyond. This book will be of great value to undergraduate and graduate students, as well as to academics, practitioners and policymakers with interest in the science-policy nexus with a particular focus on the drug policy domain.
An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.
Dalton combines the scholarly literature on public law and judicial impact with recent studies of policy implementation at the state level. He emphasizes the underlying constitutional, organizational, psychological, and political factors that shape public policy outcomes, arguing that a sound grasp of these factors can lead to an understanding of the gap between theory and practice in democratic politics. He examines the historical development and revision of the U.S. Supreme Court civil liberties rulings from the 1960s to the early 1980s as well as executive and congressional policy to regulate criminal records privacy. He also underscores the importance of the intergovernmental context in which state officials act as both leaders and intermediaries in the implementation of national policies. Dalton then combines these elements of analysis into a general theory of legitimation in order to render the significance of criminal justice policy for the American political system understandable as a whole.
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
This book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
This comprehensive and widely respected survey of the literature on gangs and gang activities in America includes theoretical perspectives on why gangs exist, gang typologies, descriptions of gang activities, and various intervention strategies for dealing with gangs.
In 2003 Governor George Ryan cleared Illinois' death row, pardoning four death penalty inmates who said their confessions had been tortured out of them. He then commuted the death sentences of the remaining 156 death-row inmates to life in prison - a move unprecedented since capital punishment was reinstated in America. But Ryan's move was only the most dramatic at a time when it seems that everyday we read of a new prisoner released because of new evidence, police misconduct, or a host of other miscarriages of justice. While the American legal system is based on the tenet that accused persons are considered innocent until proven guilty, a close look at many cases reveal that this is often far from the truth. story of just such wrongful conviction cases. Based upon interviews with more than 200 people and reviews of hundreds of internal case files, court records, smoking-gun memoranda and other documents, Scott Christianson gets inside the legal cases and displays them through documents and images of the people and evidence involved. He reveals the mistakes, abuses and underlying factors that led to miscarriages of justice, including the presumption of guilt, mistaken identification, eyewitness perjury, ineffective assistance of counsel, police misconduct, prosecutorial misconduct, and forensics, while also describing how determined prisoners, post-conviction attorneys, advocates and journalists struggled against tremendous odds to win their exonerations. their innocence to the courts. Others have had their convictions reversed and the charges against them dismissed, and still others have been awarded civil damages after the state conceded their innocence. The result is a brief and powerful work that recounts the human costs of a criminal justice system gone awry, and reminds us that wrongful convictions can - and do - happen.
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 book evolved from our interest in rape as feminists and as sodal sdentists. As feminists, we were concemed about the treatment of rape victims and the attrition in rape cases under traditional rape law, and we welcomed legal reforms designed to improve the situation. As sodal sdentists, we wondered about the efficacy of legal changes aimed at an inherently resistant court system. We also were curious about the lack of studies examining the impact of these changes; we were particularly surprised to find that no one had attempted to ana lyze the impact of the reforms in more than one jurisdiction. Con vinced that untangling the effects of the reforms from the effects of contextual factors required a multijurisdictional study, we deeided to undertake the project. We quickly discovered that evaluating rape law reform in several jurisdictions would be no easy task. We had deeided that such an evaluation would require monthly data on the outcome of rape cases before and after the reforms were implemented, as weIl as qualitative data on the attitudes of criminal justice officials toward the reforms. Because states do not generate monthly data on case outcomes, we would have to collect the data ourse1ves from court records main tained by individual jurisdictions. To obtain an adequate number of cases for the time-series analysis, we would have to select our sites from large urban jurisdictions scattered throughout the United States."
This guide has earned a reputation amongst South African lawyers as the source of first reference in assessing liability and the quantum of claims. As a subscription publication, new cases are constantly being added, keeping subscribers abreast of new judicial trends and attitudes to these kinds of claims.
Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today's conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.
This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He's first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.
The Trial of Anne Hutchinson re-creates one of the most tumultuous and significant episodes in early American history: the struggle between the followers and allies of John Winthrop, governor of the Massachusetts Bay Colony, and those of Anne Hutchinson, a strong-willed and brilliant religious dissenter. The controversy pushed Massachusetts to the brink of collapse and spurred a significant exodus. The Puritans who founded Massachusetts were poised between the Middle Ages and the modern world, and in many ways, they helped to bring the modern world into being. The Trial of Anne Hutchinson plunges participants into a religious world that will be unfamiliar to many of them. Yet the Puritans passionate struggles over how far they could tolerate a diversity of religious opinions in a colony committed to religious unity were part of a larger historical process that led to religious freedom and the modern concept of separation of church and state. Their vehement commitment to their liberties and fears about the many threats these faced were passed down to the American Revolution and beyond. Reacting to the Past is a series of historical role-playing games that explore important ideas by re-creating the contexts that shaped them. Students are assigned roles, informed by classic texts, set in particular moments of intellectual and social ferment. An award-winning active-learning pedagogy, Reacting to the Past improves speaking, writing, and leadership skills, promotes engagement with classic texts and history, and builds learning communities. Reacting can be used across the curriculum, from the first-year general education class to capstone experiences. A Reacting game can also function as the discussion component of lecture classes, or it can be enlisted for intersession courses, honors programs, and other specialized curricular purposes."
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement. |
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