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Books > Law > Laws of other jurisdictions & general law > Criminal law
This fifty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2012-2016. It is the last volume on the Special Court for Sierra Leone. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series:http://www.annotatedleadingcases.com/about.aspx.
The relationship between education and youth crime has long been recognised in terms of social policy and public opinion, the full extent of this and its implications has been largely neglected and unexplored: educationalists on the one hand and criminologists on the other have largely failed to engage meaningfully with one another on the issue, and there has often been a large gap between youth justice and educational provision. This book seeks to remedy this deficiency, providing a critical survey of the research evidence, policy development and practical issues relating to education and offending by young people. It has the following objectives: to examine the evolution of social policy and institutions in relation to the relationship between education and offending by young people; establish the scale and nature of the problem and the characteristics of the young people involved; identify any evidence based approaches that could be adopted across education and youth justice; review the effectiveness of New Labour's education and youth justice reforms; propose a series of measures for social policy makers and practitioners in education and youth justice. Young People and Offending will be essential reading for youth justice practitioners as well as students taking courses on youth crime and youth justice, or on youth justice or probation training courses.
The relationship between education and youth crime has long been recognised in terms of social policy and public opinion, the full extent of this and its implications has been largely neglected and unexplored: educationalists on the one hand and criminologists on the other have largely failed to engage meaningfully with one another on the issue, and there has often been a large gap between youth justice and educational provision. This book seeks to remedy this deficiency, providing a critical survey of the research evidence, policy development and practical issues relating to education and offending by young people. It has the following objectives: to examine the evolution of social policy and institutions in relation to the relationship between education and offending by young people; establish the scale and nature of the problem and the characteristics of the young people involved; identify any evidence based approaches that could be adopted across education and youth justice; review the effectiveness of New Labour's education and youth justice reforms; propose a series of measures for social policy makers and practitioners in education and youth justice. Young People and Offending will be essential reading for youth justice practitioners as well as students taking courses on youth crime and youth justice, or on youth justice or probation training courses.
The period 1792-94 witnessed the emergence of the first genuinely popular radical movement in Britain. After the phenomenal success of Thomas Paine's Rights of Man (1791-92), the government moved swiftly to prevent French republican ideas taking hold in Britain, beginning with the prosecution of Paine himself in absentia. There followed a spate of trials for seditious libel, often against booksellers in London who were selling cheap copies of Paine's book. Finally, in May 1794, the government took the step of accusing the movement of treason, arresting its leaders, among them Thomas Hardy, Secretary of the London Corresponding Society, John Horne Tooke, the veteran gentleman radical, and the lecturer and poet John Thelwall. These eight volumes contain the key trials of London radicalism from 1792-94.
The pursuit of security is now central to the development of public policy and a driving force behind the spread of private policing. Just as new theoretical frameworks are needed to deal with the increasing tendency of crime control policies to focus on risk reduction, new forms of governance are also required to deal with the rapid growth of the private security industry. This volume brings together a wide range of contributions from leading scholars in the field and includes international and comparative perspectives on the challenges posed by the rise of the 'security society'.
A very good overarching student text book which deals comprehensively with the main themes and topics within criminal justice. - Jenny Johnstone, Newcastle Law School, Newcastle University An excellent book that is invaluable to new students in particular, it gives a good, clear insight into the Criminal Justice System and also has good review and discussion points to reinforce the key learning points...The best book in its field. - Dr. Richard Peake, University of Leeds The 5th edition continues to provide a comprehensive introduction to all aspects of the Criminal Justice system. Fully up to date, it combines a description of the major agencies involved in the control of crime and the pursuit of justice with an introduction to criminal justice theory and key concepts in English criminal law.
Fraud remains one of the most important crimes and causes billions of pounds of losses each year, many thousands of people are employed to try to prevent it, but it has remained largely neglected in the literature. This book provides comprehensive coverage of the main issues involved in fraud, its definition, costs, the nature of the offenders involved in committing fraud, and the issues involved in fraud investigation. It is written by one of the foremost authorities on the subject, and covers fraud in the widest sense, ranging from benefit fraud to tax evasion, credit card fraud, and paying particular attention to fraud using the internet. A wide range of case studies are presented, portraits are provided of the ways in which a large number of organizations seek to deal with fraud. This book will be essential reading for anybody with a professional interest in fraud and its prevention, as well as the wide number of courses within law, criminology, social policy and business and management.
This book examines young people's involvement in crime (including crimes of violence, vandalism, shoplifting, burglary and car crime) as victims and offenders. Although adolescence is the time when involvement in crime peaks, surprisingly there are few previous UK based studies that have attempted to provide a methodical and comprehensive understanding of adolescent offending on a citywide basis. Key explanatory factors have been examined for nearly 2000 young people in the city of Peterborough. This book combines a single city focus, large sample size and high response rates with an in-depth consideration of the explanatory factors involved, focusing particularly on the interaction between individual characteristics and lifestyle, and making use of sophisticated statistical analysis. from outdated positivist perspective that has focused on early childhood factors, introducing rather concepts such as peer-delinquency (gangs), hanging around in public spaces (anti-social behaviour) and substance use - which have been not only problematic in previous attempts at criminological theorizing but have also recently become central foci of Governmental policy initiatives. This book shows how these issues and factors can be incorporated sympathetically into a single framework that advances our understanding of criminal behaviour. It makes a highly significant contribution to the wide gaps in our knowledge of why young people offend, and will be essential reading for students, practitioners and policy makers.
The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
* Offers a comprehensive discussion of how different agencies handle the challenges faced by police today. * Gives rare voice to the experiences, views, and perspectives of those tasked with doing policing across a variety of cultures. * Offers a global perspective not available in most works on policing.
The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: * A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. * An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. * A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). * A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
Considers how legal reforms and awareness-raising associated with building the rule of law, have engaged the popular legal consciousness, producing contradictions that have in turn shaped the nature of the resultant legality. Explores the case study of the Democratic Republic of Congo. This book will appeal to comparativists, Africanists, and socio-legal scholars.
This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar's myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.
This book seeks to unravel the issues associated with the crime of murder, providing a highly accessible account of the subject for people coming to it for the first time. It uses detailed case studies as a way of exemplifying and exploring more general questions of socio-cultural responses to murder and their explanation. It incorporates a historical perspective which both provides some fascinating examples from the past and enables readers to gain a vision of what has changed and what has remained the same within those socio-cultural responses to murder. The book also embraces questions of race and gender, in particular cultural constructions of masculinity and femininity on the one hand, and the social processes of 'forgetting and remembering' in the context of particular crimes on the other. Particular murders analysed included those of Myra Hindley, Harold Shipman and the Bulger murder.
This book provides a comprehensive account of the imprisonment of women for politically motivated offences in Northern Ireland between 1972 and 1999. Women political prisoners were engaged in a campaign to obtain formal recognition as political prisoners, and then to retain this status after it was revoked. Their lengthy involvement in a prison conflict of international significance was notable as much because of its longevity as the radical aspects of their prison protests, which included hunger strikes, dirty-protests and campaigns against institutional abuses. Out of Order brings out the qualitatively distinctive character and punitive ethos of regimes of political imprisonment for women, exploring the dynamics of their internal organisation, the ways in which they subverted order and security in prison, and their strategies of resistance and exploitation. Drawing upon a wide range of first hand accounts and interviews this book brings together perspectives from the areas of political imprisonment, the penal punishment of women and the question of agency and resistance in prison to create a unique, highly readable study of a neglected subject.
Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.
T. A. Cavanaugh defends double-effect reasoning (DER), also known as the principle of double effect. DER plays a role in anti-consequentialist ethics (such as deontology), in hard cases in which one cannot realize a good without also causing a foreseen, but not intended, bad effect (for example, killing non-combatants when bombing a military target). This study is the first book-length account of the history and issues surrounding this controversial approach to hard cases. It will be indispensable in theoretical ethics, applied ethics (especially medical and military), and moral theology. It will also interest legal and public policy scholars.
Using close-up studies of eight prison riots, Resolution of Prison Riots gives readers an inside view of what these events are like. The riots examined include those that grabbed national attention - one in which over 100 hostages were taken and held for 11 days - as well as lesser-known disturbances whose details are equally gripping. The book explores the conditions that precipitate disturbances, the course of events during the disturbances, and the aftermath and recovery on the part of the corrections agencies. At its heart, the book seeks to explain why and how these events occurred. Along the way, the authors explore issues related to conflict management, negotiations, the use of force, and strategies of administrative organization. The analysis offers practical and timely advice for those responsible for preventing and resolving large-scale disorders.
One of the most powerful words in the English language, "corruption" is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes-categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples-including former assemblywoman Diane Gordon and former governor Rod Blagojevich-Underkuffler explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law. "Underkuffler challenges the traditional rational and logical characterizations of corruption and defends a highly original and insightul proposal. In her view corruption is an emotional concept grounded in religious ideas defying traditional criminal law doctrines. This book is a fantastic contribution to the study of corruption as well as more generally to the study of law and culture."-Alon Harel, Hebrew University Law School
Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.
This book is dedicated to improving the practice of the policing of domestic abuse. Its objective is to help inform those working in policing about the dynamics of how domestic abuse occurs, how best to respond to and investigate it, and in the longer term how to prevent it. Divided into thematic areas, the book uses recent research findings to update some of the theoretical analysis and to highlight areas of good practice: 'what works and why'. An effective investigation and the prosecution of offenders are considered, as well as an evaluation of the success of current treatment options. Policing domestic abuse can only be dealt with through an effective partnership response. The responsibilities of each agency and the statutory processes in place when policy is not adhered to are outlined. Core content includes: A critique of definitions and theoretical approaches to domestic abuse, including coverage of the myths surrounding domestic abuse and their impact on policing. An exploration on the challenges of collecting data on domestic abuse, looking at police data and the role of health and victim support services. A critical review of different forms of abuse, different perpetrators and victims, and risk assessment tools used by the police. A critical examination of the law relating to domestic abuse; how police resources are deployed to respond to and manage it; and best practice in investigation, gathering evidence, and prosecution Key perspectives on preventing domestic abuse, protecting victims, and reducing harm. Written with the student and budding practitioner in mind, this book is filled with case studies, current research, reports, and media examples, as well as a variety of reflective questions and a glossary of key terms, to help shed light on the challenges of policing domestic violence and the links between academic research and best practice.
Based on the expertise of thirty leading experts on confiscation in the EU, this is the first book to analyse the practice of proceeds from crime confiscation in the original fifteen EU Member States. It examines the implementation of confiscation provisions in all three (investigative, judicial and disposal) phases of confiscation proceedings. It quantifies the enforcement of confiscation provisions in the EU, using an innovative and unique methodology and thereby furnishes understanding of obstacles and best practices. The conclusion of the book is that the a ~tough on criminal wealtha (TM) philosophy is largely alien to the everyday practice of law enforcement agencies. Putting criminals behind bars is still the main aim of the system, and most of the scarce resources available are devoted to achieving this. This title is of interest to academics and students in the fields of criminology, sociology, and law, as well as to law enforcement officers, public prosecutors, and policymakers.
With a Foreword by Hein Verbruggen, UCI Honorary President for life and IOC Member This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in athlete's bodily fluids the athlete in question is strictly liable for a doping offence. In the disciplinary procedure there is no discussion about his guilt and the athlete is not given an opportunity to disprove his guilt. One of the starting points of the European Convention of Human Rights (ECHR) is that suspects are not guilty until their guilt has been proven conclusively based on the law, which includes the right of defence. The author analyzes the nature of doping offences and puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. As not only the athlete himself, but also sports clubs and sponsors may suffer serious damage from such sanctions, this book on the strict liability principle will be of great interest to practitioners and academics in more than one field of law. Moreover, it will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties. Janwillem Soek is a senior researcher at the ASSER International Sports Law Centre, The Hague, The Netherlands. |
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