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.

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.

On December 24, 1968, ten-year-old Pamela Powers was brutally murdered, her body dumped at the side of the road to freeze. Robert Anthony Williams was charged with the crime, and a series of trials, appeals, and reversals ensued. The Christian Burial Case: An Introduction to Criminal and Judicial Procedure introduces readers to the intricacies of the American legal system, using the Williams case to illustrate all the stages of the legal process from the point of arrest, to the trial, the appellate process, and, ultimately, the Supreme Court. The text clearly and concisely explains criminal and court procedures in the context of the Williams case, paying careful attention to the rights against self-incrimination and to counsel, and to the role of the exclusionary rule in our system of justice. This unique introduction to criminal justice and judicial procedure captures the imagination of the reader as it chronicles "The Christian Burial" case from beginning to end. Because the suspect was observed leaving the scene of the crime with the body of the victim, the Williams case seemed to be open and shut. But due to police procedures in apprehending and questioning the suspect, the resolution of the case took fifteen years and two United States Supreme Court decisions. By highlighting the difficulties of determining the facts of the case and the proper procedural laws that were applicable, McInnis demonstrates the complexities inherent in the legal system. This compelling book is a must-read for all people interested in learning more about criminal procedure and judicial processes.

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.

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.

Corrections: A Critical Approach (third edition) confronts mass imprisonment in the United States, a nation boasting the highest incarceration rate in the world. This statistic is all the more troubling considering that its correctional population is overrepresented by the poor, African-Americans, and Latinos.

Not only throwing crucial light on matters involving race and social class, this book also identifies and examines the key social forces shaping penal practice in the US politics, economics, morality, and technology. By attending closely to historical and theoretical development, the narrative takes into account both instrumental (goal-oriented) as well as expressive (cultural) explanations to sharpen our understanding of punishment and the growing reliance on incarceration.

Covering five main areas of inquiry penal context, penal populations, penal violence, penal process, and penal state this book is essential reading for both undergraduate and graduate students interested in undertaking a critical analysis of penology.

In recent years the history of police and policing has become a key area of debate across a range of disciplines: criminology, sociology, political science and history. This authoritative series brings together the most important and influential English-language scholarship in the field, arranged chronologically across four volumes. The series includes articles on the shifting meaning of 'police', the growth of bureaucratic policing during the late eighteenth and nineteenth centuries, consolidation in the twentieth century, and the international diffusion of export models and practices. The texts included come from a range of disciplines and chart the recent debates from traditional Whig history, revisionist work published during the last quarter of the twentieth century, and subsequent reassessments. Each volume is edited by a historian recognised as an authority in the area, and features an introductory essay which explains the key changes in the period and the significance of the selected articles and essays. The series provides a valuable resource for scholars new to the area as well as for those who may have overlooked an important essay or article published in an edited collection, or in a journal with limited circulation or from a discipline that they might not normally consult.

This book presents a vivid description of the solutions that researchers have discovered for ethical dilemmas that pose themselves at studying disadvantaged, vulnerable and victimized populations. Ethical codes prescribe that the scholar should in all circumstances avoid potential harm, that informed consent is necessary and that the limits of confidentiality should always be respected. However, in the practice of research among women involved in prostitution, illegal immigrant workers, enslaved children, people who sell their organs and all the traffickers thereof, the ethical rules cannot always be followed. This book shows that there is a surprising variety of arguable possibilities in dealing with ethical dilemmas in the field. Authors reflect on concrete experiences from their own fieldwork in a wide variety of settings such as the USA, Singapore, Kosovo and The Netherlands. Some choose to work on the basis of conscientious partiality, others negotiate the rules with their informants and still others purposely break the rules in order to disclose and damage the exploiters. Researchers may find themselves in a vulnerable position. Their experiences, as presented in this volume, will help field workers, university administrators, representatives of vulnerable groups, philosophers of ethics and most of all students to go into the field well-prepared.This is a book that every researcher planning to do fieldwork in the difficult field of hidden, illicit and victimized people should read in advance. Dr. Frank Bovenkerk, Professor (Emeritus), Willem Pompe Institute for Criminal Law and Criminology, Universiteit Utrecht, The Netherlands This book allows a peek in the kitchen of empirical fieldwork, going into not only "best practices," but mistakes made, in a frank, courageous and honest way. Dr. Brenda C. Oude Breuil, Willem Pompe Institute for Criminal Law and Criminology, Universiteit Utrecht, The Netherlands

This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa - a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on 'lessons learnt' along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a compilation of country-specific and thematic analyses of agenda setting and lobbying efforts. It offers insights into state-civil society relations on the continent, which shape these agendas. The chapters present case studies from Southern, Central, East, West and North Africa, and a range of moments and types of transition. In addition to historical perspective, the chapters provide fresh and up-to- date analyses of ongoing transitional justice efforts that are key to defining the future of how the field is understood globally, in theory and in practice Endorsements: "This great volume of written work - Advocating Transitional Justice in Africa: The Role of Civil Society - does what virtually no other labor of the intellect has done heretofore. Authored by movement activists and thinkers in the fields of human rights and transitional justice, the volume wrestles with the complex place and roles of transitional justice in the project of societal reconstruction in Africa. ... This volume will serve as a timely and thought-provoking guide for activists, thinkers, and policy makers - as well as students of transitional justice - interested in the tension between the universal and the particular in the arduous struggle for liberation. Often, civil society actors in Africa have been accused of consuming the ideas of others, but not producing enough, if any, of their own. This volume makes clear the spuriousness of this claim and firmly plants an African flag in the field of ideas." Makau Mutua

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.

Many social scientists have ignored the diversity of the women's prison population and the differential treatment to which women of various backgrounds have been subjected. These omissions have affected the type of information available on women in the criminal justice system as it relates exclusively to gender. The goal of this work is to document women's unique and gender-biased experience as participants and victims of the criminal justice system.

Topics include women on death row, race and gender issues, probation and parole, female juvenile delinquents, prostitution, health and mental health issues of women in prison, social justice concerns, and educational programs. The references included highlight the interdisciplinary nature of the issues as they cross such fields as law, criminal justice, social work, and psychology, and reveal the intensity of racism and sexism often ignored by the system, but confronted by the female population in the criminal justice system.

The GM debate has been ongoing for over a decade, yet it has been contained in the scientific world and presented in technical terms. Eco Crime and Genetically Modified Food brings the debates about GM food into the social and criminological arena. This book highlights the criminal and harmful actions of state and corporate officials. It concludes that corporate and political corruption, uncertain science, bitter public opposition, growing farmer concern and bankruptcy, irreversible damage to biodervisty, corporate monopolies and exploitation, disregard for social and cultural practices, devastation of small scale and local agricultural economies, imminent threats to organics, weak regulation, and widespread political and biotech mistrust - do not provide the bases for advancing and progressing GM foods into the next decade. Yet, with the backing of the WTO, the US and UK Governments march on - but at what cost to future generations?

Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, and post-state socialist. Part I sets out the research methodology and analysis of the baseline requirements that, according to ECHR case law, have an impact on the rights of the accused. In addition to the general fair trial rights (the presumption of innocence, the right to silence, equality of arms, and the (conditional) right to release pending trial) the rights explored include: the right to information, the right to legal assistance and legal aid, and a number of procedural rights (the right to adequate time and facilities to prepare a defense, participation rights, the right to free interpretation and translation, and the right to reasoned decisions and to appeal). Part II consists of a description and critical analysis of access to effective criminal defense in the nine countries examined. Part III includes a cross-jurisdictional analysis of compliance, in law and in practice, with the ECHR requirements. It also contains an analysis of how they interrelate, and of whether structures, systems, and legal cultures exist to enable individuals to effectively exercise these rights. This book contributes to implementation of the rights of suspects and defendants to a real and effective defense, especially for those who lack the means to pay for legal assistance themselves. The recommendations are designed to contribute to the development of meaningful policies and processes that will help to ensure effective criminal defense across the EU. The book is essential reading for academics, researchers, students, defense lawyers, and policy-makers in the area of criminal justice in Europe.

Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected.

Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

From serial murderers to parents who kill, Fatal Violence: Case Studies and Analysis of Emerging Forms provides an insider's look at a phenomenon that has existed since the dawn of man and cuts across social/economic barriers and cultures. Offering a rare glimpse into the minds of predators and containing chilling details of motives and methods, this volume explores gang violence, serial and mass murderers, filicide, rape, workplace violence, school shootings, and hate crimes. It also delves into the unusual and shocking practices of vampirism and cannibalism.

Bringing wisdom from years of studying killers and trying to understand the motives behind why these individuals do what they do, the authors present information that has previously gone uncovered or merely speculated upon. This fascinating volume includes:

• Historical accounts of bizarre killers dating back to the 15th century
• Psychological analyses of how a killer's upbringing might have contributed to his or her actions
• Criminal profiling theories in unsolved murders
• Interviews with killers
• Clues that suggest a person may engage in workplace violence
• Myths about school shootings
• Membership requirements for gangs and hate groups
• Cultural factors that might incite youth violence

Steeped in research, the book contains tables with demographic data and events, discussion questions to provoke further inquiry, and numerous references for further study, making it a compelling resource for professionals and academia alike.

"Any lawyer who deals within the Black community needs to read it."
"--New York Amsterdam News"

"Within Harris's reasoned, cogent analysis lurks a legal strategy tethered to the nation's tattered and perennial traditions of white supremacy, which aims to acknowledge it, use it to explain its devastating effects on the black psyche, and provide a legal tool for some degree of amelioration. Ultimately, Black Rage Confronts the Law is more about U. S. power relations than law.
Therefore, it will be damned.
Therefore, it will be praised.
Therefore, it should be read."
"--Mumia Abu-Jamal, Author of Live from Death Row"

On a deeper and more profound level [this book] illustrates the degree to which social and economic hardship and deprivation can justify human misconduct.
"--Library Journal"

Paul Harris made an impact just two years out of law school with his innovative black rage' defense. Harris convinced the jury that, in America, unemployment for a proud and talented black man can cause . . . a kind of temporary insanity. The theory not only gained Harris's client an acquittal, it left the man's integrity intact. "--California Lawyer"

In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commutertrain, claimed it was considering a black rage defense.

In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home.

Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.

Use this collection of over 60 primary documents to trace the evolution of trial rights from English and colonial beginnings to our contemporary understanding of their meaning. Court cases and other documents bring to life the controversies that have historically surrounded the rights of those who have been accused in the American legal system. Explanatory introductions to documents aid users in understanding the various arguments put forth and the context in which the document was written, while illuminating the significance of each document.

Students will be able to trace how the expansion of trial rights is directly correlated to historical events and social concerns. Documents are arranged chronologically to provide readers with a clear view of the long convoluted history of these rights in our country and to clearly illustrate how trial rights have grown over time to provide more protection for a growing number of individuals. A general introduction to the volume further explores the history of the concept of trial rights to provide a complete reference resource to complicated issues.

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 cutting-edge primer is ideal for the family physician/generalist facing challenges in clinical practice with the treatment of drug court patients. The authors share their extensive knowledge in treatment of addiction and withdrawal, treatment for patients with dual diagnoses of mental illness and addiction, and treatment of diseases associated with drug use, such as tuberculosis, hepatitis, and HIV infection. Unparalleled discussions of the drug court system and the medical problems of drug court patients are presented.

With concise yet comprehensive chapters, readers find essential coverage of drug testing, drug test collections and reports, and common scams for falsifying drug tests. Other topics include medical educational services that physicians can provide for attorneys, judges, counselors, probation officers, and clients; challenges of treatment physicians encounter; and medical interventions. The authors share their personal teaching file of cases from the Adult Drug Court in California to draw a detailed picture of how medical care fits within the overall therapeutic plan of drug courts.

In some parts of the world, race is a key social variable in criminological debates on crime and criminal justice practice. Yet, little has been studied regarding the issues of race and crime internationally. This collection fills that gap, drawing upon perspectives from 13 countries across 4 continents to provide a comparative assessment on the influence of human variations on crime discourses, offending, experiences of criminal victimization, and criminal justice responses in differing societies.
Covering Europe, Australia and New Zealand, South Africa, Brazil, Canada, and the United States, and drawing on an international line-up of scholars, this book examines the similarities and differences of race, crime and criminal justice in international perspective.

A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process. Criminal Justice Abstracts The Structure of Criminal Procedure presents, for the first time ever, a detailed comparison of the criminal procedures of four major nations--France, the United States, China, and the Soviet Union. In addition, the author also develops his theory on the Morphology of Criminal Procedure which hypothesizes that there is a common structure in every modern procedural system no matter how different it may appear on the surface. He stresses six basic functions inherent in all systems--arrest and trial, detention, screening, charging and defending, trial, sanctioning, and appeal--and he successively analyzes each of them in depth. Practical ways to apply his model are provided along with encouragement for others to engage in new comparative studies, or studies of individual systems, in order to clarify the ways in which the practical demands of society, the legal profession, and legal institutions interact with the functional needs of the system to produce new ways of procedure or new ways of using old procedures.