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Books > Law > Laws of other jurisdictions & general law > Criminal law
This volume discusses such topics in the field of litigation economics as forensic economics, estimating damages in personal injury and wrongful death cases, forecasting medical costs in tort cases and economic analysis of business interruption losses.
Despite significant accomplishments over the past 35 years,
antiviolence activists know that justice for most abused women
remains elusive. Most victims do not call the police or seek help
from the courts, making it crucial to identify new ways for
survivors to find justice. This path-breaking book examines new
justice practices for victims that are being used in the United
States, Canada, Australia, and New Zealand. These informal,
dialogue-based practices, referred to as "restorative justice,"
seek to decrease the role of the state in responding to crime, and
increase the involvement of communities in meeting the needs of
victims and offenders. Restorative justice is most commonly used to
address youth crimes and is generally not recommended or disallowed
for cases of rape, domestic violence, and child sexual abuse.
Nevertheless, restorative practices are beginning to be used to
address violent crime.
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.
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.
The Criminalisation and Exploitation of Children in Care explores the results of a recent qualitative study, which focused on multi-agency responses to children and young people in residential and foster care who were at risk of criminalisation and/or exploitation and abuse. Recent high-profile reports have highlighted an urgent need for effective multi-agency work to tackle the issues of criminalisation and exploitation of children and young people in care. However, progress to date has been slow, and it is clear that there is still some way to go before effective multi-agency working becomes widespread. In response, this book draws upon the experiences and perspectives of practitioners from a sample of co-located Multi-Agency Safeguarding Hubs, as well as the latest research, theory and policy developments in the field. In doing so, it explores both the benefits and challenges of multi-agency working and concludes with recommendations for future policy and practice. This timely study will be of great interest to students and scholars of criminology, criminal justice, policing studies, social work, health and childhood studies. It will also be a valuable tool for practitioners and policymakers in the criminal, youth justice and social service arenas.
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.
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 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.
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.
Videos from the "What Is a Criminal?" lecture series whatisacriminal.org (the inspiration for the book) will remain freely available, and will be described in the book. These can be used by professors as supplemental multimedia content both for in-class and out-of-class assignments. The Editor has provided an instructors' introduction that suggests classroom uses for the individual essays and chapters. Some of the stories are told scholars, some by people working in the justice system, and some by people who were formally incarcerated. It is very rare to find these three groups participating in a common discussion about the core concept that brings them together. The book's narrative-based, multi-voiced form will not only help students think broadly and deeply about this important topic, but also interest them enough to share the stories with their families and friends, generating ideas and discussions that ripple well beyond the classroom.
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.
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.
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
The famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon treaty. EU sanctions are used both against regimes and suspected terrorist financing. But these sanctions have developed "organically", without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning over a variety of areas: criminal law, constitutional law, international law and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues. How should we go about measuring the impact(s) of targeted sanctions? How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, punishment/confiscation of assets)? How can the problems caused for fair trial by the use of intelligence material be solved? If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? What is the spillover effect of "overbroad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? How do EU sanctions fit into, and compare to national systems for the proscription of terrorist organizations? Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions?
This book explores how young people perceive the severity of crime and delinquency. It particularly addresses whom or what they consider to be the victims of crime and delinquency, how they analyze and assess appropriate responses by the criminal justice system, as well as their place within it. The book proposes tools for developing a more elaborate and robust understanding of what constitutes crime, identifying those affected by it, and what is deemed adequate or appropriate punishment. In so doing, it offers thick description of young peoples' conceptions of and experiences with crime, delinquency, justice and law, and uses this description to interrogate the role of the state in influencing - indeed, shaping - these perceptions.
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?
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.
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:
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.
This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor's Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.
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. |
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