After the collapse of the Berlin wall in 1989 and disintegration of the Soviet Union, scholars focused on the problems of legal transitions within the newly emerging democracies. Two decades on, these states are in 'post-transition' conditions; having undergone and continuing to experience political, economic and constitutional upheavals to varying degrees. This book provides an interdisciplinary perspective on this largely unexamined topic. Part I of the book sets the scene with a socio-historical overview and a theoretical chapter; both of which contextualise the book within current debates and provide the theoretical direction of the book as a whole. The later chapters set out contrasting perspectives and consist of themed essays on individual legal systems, investigating these through approaches ranging from socio-legal study to political economy. The book aims to refine important directions for the comparative conceptual study of criminal law policy and processes of criminalisation in emerging democratic states. The result is a significant contribution to the understanding of this subject in the fields of criminology, law, philosophy and political science. The book will appeal to academics, policy-makers and practitioners who are attempting to grapple with the area of "transitions" in the fields of criminology, law, philosophy and political science. As a distinctively interdisciplinary text, it brings together analysis of both the social processes of creating (and abandoning) criminal law and a philosophical reflection. The book provides a comprehensive and critical analysis which points to future directions in criminalisation in the emerging democratic states of Eastern Europe.

Plea bargaining avoids a lengthy and costly criminal trial and thus enables courts to deal with a large number of cases very quickly. While it has often been argued that modern criminal justice systems cannot afford to abolish plea bargaining, academics long have criticised it for undermining the rule of law by avoiding procedural safe-guards. This book analyses plea bargain in different families of law, and drawing on these findings ask to what extent this practice should be developed in international criminal law. The book analyses the relationship between values and practice in modern criminal justice systems through the example of plea bargaining comparing the development and practice of plea bargaining in different systems. The book sets out in-depth studies of consensual case dispositions in the UK, setting out how plea bargaining has developed and spread in England and Wales. It discusses in detail the problems that this practice poses for the rule of law as well as well as the principles of adversarial litigation. The book considers plea-bargaining in the USA as well as in the civil law German justice system. The book also draws on empirical research looking at the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. The book then goes on to look at international criminal law and examine the use of informal negotiations in the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda and the possible use in future cases of the International Criminal Court.

This book examines the extent to which criminal desistance - 'the change process involved in the ending of criminal behaviour' - is affected by personal and social circumstances which are place specific. Grounded in criminological spatial analysis, as well as more general social scientific investigations of the role of space and place in contemporary social, economic and cultural life, it examines why large numbers of prisoners in the United States and the United Kingdom appear to be drawn from - and after release return to - certain urban neighbourhoods. In doing so Criminal Behaviour in Context assesses the effect of this unique life course experience on the pathways and choices open to ex-prisoners who attempt to give up crime. Including new data on the geographical distribution of offenders, interviews with serving prisoners, and drawing on theories about social context, identity and subjectivity, it discusses the implications of the evidence and arguments presented for prisoner reintegration policy and practice.

Police custody acts as an important gateway to the criminal justice process. Much is at stake here for both staff and suspects as what happens in police custody can have important consequences further down the line. This book offers a timely contribution to research on police custody, which has been largely neglected for the last decade, and it is the first to examine the growing role given to civilians employed by the police or by private security companies within police custody areas. The book draws on a mixed-method study of two custody areas, one publicly-run, and the other largely privately-run. This empirical analysis explores anew suspects' experiences of police custody from arrest to charge, including their access to due process rights such as phone calls, legal advice and detention reviews, as well as shedding light on the hitherto unexplored working relationships between the police, civilian police staff (public and private), legal advisers, doctors, appropriate adults and drug workers. These findings on the police custody process are used to examine pertinent socio-legal and theoretical matters connected to due process, the role of the police in policing, as well as procedural justice and legitimacy. The book integrates issues which are topical and of utmost empirical, theoretical and political significance, meaning that it is likely to have a broad appeal to students, academics, practitioners and policy-makers with an interest in the criminal justice process, policing and the sociology of law.

The separation of powers and independent, judicial decision-making are generally accepted as hallmarks of the rule of law in democratic societies. Yet the exercise of executive discretion remains an important aspect of criminal justice in many areas. Protecting the Public? explores the tension between the rights of individuals detained under criminal and mental health law and the responsibility for public protection in the little-known world of executive discretion over mentally disordered offenders. It is based on extensive and unique empirical research conducted at the UK Home Office, with legal and clinical practitioners, with civil society organisations and by reference to comparative jurisdictions. Central questions considered include: executive, judicial and tribunal decision-making; mental health and criminal law reform regarding serious or high-risk offenders; the influence of human rights law on policy and practice; and the role of civil society, particularly victim interest groups, in public policy. Through its analysis of decisions to release 'high-risk' offenders, this book goes to the heart of the public protection agenda - examining how 'the public' is constructed and what protection is provided by the exercise of executive discretion. This book will be of interest to academic and other researchers, students, policy-makers, law reformers, commentators and anyone interested in the field of criminal justice, mental health law and public policy.

This book examines how young men between the ages of 18 and 21 make the transition to prison life and how they adapt practically, socially and psychologically. Based on extensive research in Feltham Young Offenders Institution, this book examines in particular the role of social support, both inside and outside prison, in relation to their adaptation, along with the constructs of trust, locus of control, and safety. It concentrates both on the successful adaptation to prison life and on the experience of individuals who have difficulties in adapting; it pays special attention to those who harm themselves whilst in prison. It is the first study to provide an in-depth account of the psycho-social experience of imprisonment for young adults. Understanding this early stage of imprisonment is of major importance to policy makers and practitioners in the light of the fact that up to a half of completed suicides occur within the first month in prison.

This book makes an important contribution to the literature on problem-oriented policing, aiming to distill the British experience of problem-oriented policing. Drawing upon over 500 entries to the Tilley Award since its inception in 1999, the book examines what can be achieved by problem-oriented policing, what conditions are required for its successful implementation and what has been learned about resolving crime and disorder issues. Examples of problem-oriented policing examined in this book include specific police and partnership initiatives targeting a wide spectrum of individual problems (such as road safety, graffiti and alcohol-related violence), as well as organisational efforts to embed problem-oriented work as a routine way of working (such as improving training and interagency problem solving along with more specific challenges like improving the way that identity parades are conducted. This book will be of particular interest to those working in the field of crime reduction and community safety in the police, local government and other agencies, as well as students taking courses in policing, criminal justice and criminology.

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.

It has become somewhat axiomatic to refer to the police as the gatekeepers of the criminal justice system and thus as a mechanism for the provision of justice. And yet, when we conceptualize the police in this way, what is often taken for granted is the exact nature of that role and its larger social meaning. Indeed, we know that police deliver justice more efficiently to some and injustice to others. Rethinking Policing and Justice critically examines the role of policing (both state and non-state forms) in the provision of justice (and injustice). In essence, it presents work that highlights how different communities and groups have sought alternatives to policing, sometimes taking over the functions of policing. It also shows a variety of theoretical, methodology, and other approaches for the critical evaluation of law enforcement, highlighing different insights into alternative modes of policing, as we seek to understand and redraft the relationship between policing and justice.

This book was originally published as a special issue of Contemporary Justice Review.

Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development.

A key aspect in the area of freedom, security and justice are the EU 's provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism.

In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.

Genocide, State Crime and the Law critically explores the use and role of law in the perpetration, redress and prevention of mass harm by the state. In this broad ranging book, Jennifer Balint charts the place of law in the perpetration of genocide and other crimes of the state together with its role in redress and in the process of reconstruction and reconciliation, considering law in its social and political context. The book argues for a new approach to these crimes perpetrated 'in the name of the state' - that we understand them as crimes against humanity with particular institutional dimensions that law must address to be effective in accountability and as a basis for restoration. Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice. An important, and indeed vital, contribution to the growing interest and literature in the area of genocide and post-conflict studies, Genocide, State Crime and the Law will be of considerable value to those concerned with law's ability to be a force for good in the wake of harm and atrocity.

To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.

The current emphasis on get tough approaches to crime has had and will continue to have a disastrous impact on society as a whole. Cook, who has worked extensively in various capacities throughout the criminal justice system, argues that the failure to encourage treatment and rehabilitation is extremely shortsighted and serves only to postpone societal ills. He examines the prison experience as a psychological experience and suggests that restructuring the prison environment to focus on changing the behavior of criminals will ultimately be more cost effective and more beneficial to society. Approaching the problem of crime in a coordinated and systematic way will produce more results than the current reliance on political posturing and media sound bites.

Recent formulation of crime policy often seems driven by statistically rare and exceptional events, and the new laws passed in response to sensational events have actually resulted in an ever-growing and increasingly violent criminal underclass. Similarly, the trend toward incarceration and extreme punishment as the primary means of correction has led to unfortunate consequences. Overcrowding, massive prison construction, and the siphoning of funds from the rest of the public sector are all get tough byproducts. This study proposes solutions to current systemic problems aimed at those interested in trying to develop plans or treatment strategies within correctional settings.

This book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate the disparate influences that shape how it is construed. These distinctions are utilised throughout the book as an integrated way of conceptualising the concept of witness protection. By discussing the practice of witness protection within the Nigerian context, the book contributes to African conversations on the topic of witness protection. The clarifications made in this book are utilised in making normative proposals for developing a legal framework for witness protection in Nigeria. They are also useful for other African countries interested in developing a witness protection framework as part of criminal justice reform. This book will serve as a reference point for legal scholars, researchers, academics, (postgraduate) students and policy makers interested in the concept of witness protection. It would also be useful for courses 'concerned with comparative criminology where there is an interest in developments in the Global South.'

This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person's moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination of the reasons why justice is required to be carried out in the open, the values served by open justice, and the tensions that exist between it and the pressures of modern, mass media.

Outlines current practice in an accessible and clear format and discusses major critiques as well as the ways in which current practice might be developed to improve public protection Rejects the idea that clinical assessments of risk are generally ineffective and stresses the role of environmental context Offers insight into the ways in which current practice might be improved and calls for greater analysis and methodological rigor

Crime and Criminal Justice provides students with a comprehensive and engaging introduction to the study of criminology by taking an interdisciplinary approach to explaining criminal behaviour and criminal justice.

The book is divided into two parts, which address the two essential bases that form the discipline of criminology. Part One describes, discusses and evaluates a range of theoretical approaches that have offered explanations for crime, drawing upon contributions from the disciplines of sociology, psychology, and biology. It then goes on to apply these theories to specific forms of criminality. Part Two offers an accessible but detailed review of the major philosophical aims and sociological theories of punishment, and examines the main areas of the contemporary criminal justice system ? including the police, the courts and judiciary, prisons, and more recent approaches to punishment.

Presenting a clear and thorough review of theoretical thinking on crime, and of the context and current workings of the criminal justice system, this book provides students with an excellent grounding in the study of criminology.

This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.