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.

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 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.

In the first book-length book on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method.

Despite popular belief, double jeopardy has never been a limitation on the legislature. It functions instead to keep prosecutors and judges from imposing more than one criminal judgment for the same offense. Determining when seemingly different offenses constitute the "same offense" is no easy task. Nor is it always easy to determine when a defendant has suffered more than one criminal judgment. Tracing American double jeopardy doctrine back to twelfth century English law, the book develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness.

Introduction to Corrections: Policy, Populations, and Controversial Issues provides students with a holistic introduction to contemporary corrections practice and the opportunities and challenges they are likely to face within their future professional careers. The text is divided into three distinct units. Unit I examines the evolution of contemporary corrections and philosophies of punishment, correctional administration, probation and parole, and reentry and reintegration. In Unit II, students learn about the constitutional rights of incarcerated individuals, prison culture, and correctional programming. Dedicated chapters explore the characteristics of incarcerated female, juvenile, and vulnerable populations-including LGBTQ persons, elderly persons, and individuals who suffer from mental illness-as well as how these characteristics can impact their incarceration experiences. The final unit speaks to modern controversies in corrections such as racial equity, wrongful conviction, the death penalty, and the prison industrial complex. Throughout, case studies, discussion questions, and application exercises facilitate greater student learning and retention. Written to provide students with a solid knowledge base within the discipline, Introduction to Corrections is an ideal textbook for courses in corrections, administration of justice, and criminal justice.

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.

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.

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.

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.

In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. Prosecutors have a powerful and generally little-understood role in the criminal justice system. Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence-all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The Power of the Prosecutor: Gatekeepers of the Criminal Justice System explores the real-world actions and outcomes of local prosecutors through five well-known cases, documenting the variety of pressures prosecutors face both within and outside their offices as they attempt to make the best decisions about crimes and defendants. Written by individuals who have actively engaged prosecutors in practically every U.S. state over 30 years' time, the book examines actual case profiles that enable readers to witness how prosecutors reach their behind-the-scenes decisions and grasp how the criminal justice system operates. The authors explain the variations in prosecution, including the effects of policies and priorities, action choices available, and the types of both internal and external relationships with other participants in the system: the police, the courts, the defense counsel, and the community they represent. Readers will come away with in-depth knowledge and understanding of the complexities and pressures faced by prosecutors in upholding justice under a wide variety of conditions. Offers understandable explanations of why outcomes vary so widely in the criminal justice system-for example, why one prosecutor's office uses drug treatment programs for first-time offenders and another seeks jail time Answers many of the questions raised in Ferguson, MO, and Staten Island, NY, about the role of prosecutors and their discretionary powers Presents specific well-known cases to enhance readers' understanding of the intended/unintended consequences of our adversarial system of justice Addresses in detail the complex relationships between various parts of the U.S. criminal justice system

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 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.

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.

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.

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.

Criminology and Criminal Justice describes and discusses criminology and criminal justice as social foci and as academic disciplines. Its comparative and contrasting nature allows readers to gain a better understanding of both topics as separate entities, but also how they are more intertwined than most might recognize. The book covers the most important aspects of these disciplines, beginning with laying the groundwork of nature and content and ending with a look into the future. At the book's conclusion, the reader should better understand the similarities and differences of the two, as well as recognize their singularly distinctive traits. Discussion questions are included at the end of each chapter to facilitate critical thinking.
M.L. Dantzker is an associate professor of Political Science at Georgia Southern University teaching in the Justice Studies Program. He received his Ph.D. in Administration from the University of Texas-Arlington. Prior to entering academia full-time, Dr. Dantzker was a police officer in Indiana and in Texas. He has researched, consulted, and published in the areas of police stress, police job satisfaction, educational issues, criminal justice statistics, and police chief requirements.
Unique approach to understanding how the disciplines of criminology and criminal justice are related
Discussion questions facilitate critical thinking

Following the shooting death of Michael Brown in Ferguson, Missouri, and other unfortunate events related to excessive force and police brutality, law enforcement officials in America are facing many renewed threats to their legitimacy. Police in American Society: Selected Readings for the Student Practitioner provides students with information on the specific challenges and issues that individuals in police management must confront to rebuild public trust. The book begins with readings that present the historical perspective of policing, as well as new approaches to the profession. Later readings speak to legitimacy, professionalism, and accountability. The book concludes with selections on recruiting, ethics, and use of force. Specific topics addressed include the functions of police in modern society, the militarization of the police force, police legitimacy, and police shootings and citizen behavior. Police in American Society is well-suited for undergraduate courses in sociology, criminal justice, and criminology, especially those that address police and citizen behavior.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

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 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.