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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book is a study of the social transformation of criminal justice, its institutions, its method of case disposition and the source of its legitimacy. Focused upon the apprehension, investigation and adjudication of indicted cases in New York City's main trial tribunal in the nineteenth century - the Court of General Sessions - it traces the historical underpinnings of a lawyering culture which, in the first half of the nineteenth century, celebrated trial by jury as the fairest and most reliable method of case disposition and then at the middle of the century dramatically gave birth to plea bargaining, which thereafter became the dominant method of case disposition in the United States. The book demonstrates that the nature of criminal prosecutions in everyday indicted cases was transformed, from disputes between private parties resolved through a public determination of the facts and law to a private determination of the issues between the state and the individual, marked by greater police involvement in the processing of defendants and public prosecutorial discretion. As this occurred, the structural purpose of criminal courts changed - from individual to aggregate justice - as did the method and manner of their dispositions - from trials to guilty pleas. Contemporaneously, a new criminology emerged, with its origins in European jurisprudence, which was to transform the way in which crime was viewed as a social and political problem. The book, therefore, sheds light on the relationship of the method of case disposition to the means of securing social control of an underclass, in the context of the legitimation of a new social order in which the local state sought to define groups of people as well as actual offending in criminogenic terms. "At a moment when France is poised to adopt plea bargaining, McConville and Mirsky offer the best historical account of its emergence in mid-nineteenth century America, based upon exhaustive analysis of archival data. Their interpretation of the reasons for the dramatic shift from jury trials to negotiated justice offers no comfort for contemporary apologists of plea bargaining as more "professional." The combination of new data and critical reflection on accepted theories make this essential reading for anyone interested in criminal justice policy." Rick Abel, Connell Professor of Law, UCLA Law School "A fascinating account which traces the origins of plea-bargaining in the politicisation of criminal justice, linking developments in day-to-day practices of the criminal process with macro-changes in political economy, notably the structures of local governance. This is a classic socio-legal study and should be read by anyone interested in criminology, criminal justice, modern history or social theory". Nicola Lacey, Professor of Criminal Law and Legal Theory, London School of Economics.
In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the 'four Ps' of the official CONTEST counterterrorist strategy - Protect, Prepare, Prevent, and Pursue - it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.
This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands and England and Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings - the right to interpretation and translation; the right to information and the letter of rights; and the right to legal assistance before and during police interrogation. In order to examine how these procedural rights operate in practice, the authors spent between two and five months in eight field sites across the four jurisdictions. During this time they observed lawyers and police officers during the period of police custody; examined case records; observed lawyer-client consultations; and attended suspect interrogations. Furthermore, they conducted 75 interviews with police officers, lawyers and accredited legal representatives. In addition to producing and analysing empirical data, the authors have developed training guidelines for lawyers and police officers involved in the police detention process for use across the EU. The project team also produced a series of recommendations for legislative and policy changes designed to ensure better enforcement of the EU procedural rights' instruments that are envisaged in the Stockholm Programme. The was carried out by the Universities of Maastricht, Warwick and the West of England, together with JUSTICE. Avon and Somerset Police and the Open Society Justice Initiative were also collaborators on the project.
This book interrogates Conservative government penal policy for adult and young adult offenders in England and Wales between 2015 and 2021. Government penal policy is shown to have been often ineffective and costly, and to have revived efforts to push the system towards a disastrous combination of austerity, outsourcing and punishment that has exacerbated the penal crisis. This investigation has meant touching on topical debates dealing with the impact of resource scarcity on offenders' experiences of the penal system, the impact of an increasing emphasis on punishment on offenders' sense of justice and fairness, the balance struck between infection control and offender welfare during the government handling of the SARS-CoV-2 pandemic and why successive Conservative governments have intransigently pursued a penal policy that has proved crisis-exacerbating. The overall conclusion reached is that penal policy is too important to be left to governments alone and needs to be recalibrated by a one-off inquiry, complemented by an on-going advisory body capable of requiring governments to 'explain or change'. The book is distinctive in that it provides a critical review of penal policy change, whist combining this with insights derived from the sociological analysis of penal trends.
This collection focuses on the existential predicaments and choices
that underpin current debates and developments in the governance of
crime and criminal justice and argues for the relevance of
existentialist thought for enhancing a critical and philosophically
inspired criminological imagination.
Meet the real Line of Duty (TM) undercover team in this previously untold and gripping story of how a Northern Irish terrorist and murderer and one of his followers, were caught in an audacious and brilliantly executed undercover sting on the English mainland, codenamed, Operation George. In 2006 at Belfast Crown Court, William James Fulton, a principal in the outlawed Loyalist Volunteer Force, was jailed for life and sentenced to a minimum of 28 years after the longest trial in Northern Ireland's legal history. Fulton was an early suspect in the Rosemary Nelson killing. Following the murder of the prominent human rights lawyer, he fled to the United States and, with help from the FBI in collusion with the British police, he was deported. On his arrival at Heathrow, Fulton 'walked through an open door,' a Lewis Carrol-like euphemism for an invitation created by the covert team, only to disappear 'down the rabbit hole' on accepting the invitation. That 'rabbit hole' led to an alternative world: an environment created and controlled by the elite covert team and only inhabited by the undercover officers and their targets. The subterfuge encouraged the terrorist targets into believing Fulton was working for a Plymouth-based 'criminal firm' over a period spanning almost two years. In that time, over fifty thousand hours of conversations between the 'firm' members were secretly recorded and used to bring the killer to justice. This unique story is told by former undercover officer Mark Dickens who was part of an elite team of undercover detectives who took part in 'Operation George,' one of the most remarkable covert policing operations the world has ever known. You won't know him under that name nor the many aliases he adopted as an undercover police officer infiltrating organised crime gangs. Together in 'Operation George,' with pioneering Operation Julie undercover officer and bestselling author, Stephen Bentley, they have written a gripping account of a unique story reminiscent of the premise of 'The Sting' film, and the 'Bloodlands' setting, combining a true-crime page-turner with a fascinating insight into early 21st-century covert policing. The publisher wishes to make clear by using the Line of Duty (TM), there is no implied association with the Line of Duty series nor World Productions Ltd and the trademark is attributed to World Productions Ltd.
In analyzing the fraud-facilitated leveraged buyouts engineered by Michael Milken and the firm of Drexel Burnham Lambert, the author suggests that such buyouts have multiple and extensive consequences for the organization of business and the economy. Zey also demonstrates how ordinary bond trading networks were linked to the extraordinary networks of the Boesky Organizations and Employee Private Partnerships in order to defraud bond issuers and buyers. This book debunks the myth of rational economic organization in the 1980s and establishes broad implications for theories of organizational deviance.
Each primary source in this essential collection on capital punishment features an authoritative introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the death penalty from colonial times to the present. This book showcases and explains key primary documents that reflect and have influenced the history of capital punishment in the United States. By presenting and examining a wide range of fascinating and momentous documents, including court decisions and transcripts, legislation, personal accounts and perspectives, congressional testimony, and government documents issued from all political perspectives, students will gain valuable insight into the evolution of public opinion and government policy on the death penalty in America. To better understand these documents, each primary source is prefaced with an introduction and followed by scholarly analysis. These documents and accompanying analysis complement one another, helping students gain a better and more accurate understanding of the viewpoints, convictions, and perspectives that have shaped American attitudes and practices toward capital punishment since the United States' earliest days. Provides a detailed overview of the history ofâand controversies aboutâcapital punishment in the United States Offers a unique mix of government documentation, court cases, and political/social advocacy perspectives Expert commentary supplies context for primary documents on capital punishment Readers Guide to Related Documents organizes all featured primary sources by theme for researchers
Author is a recognised leading expert in the field of extradition, and has served as a judge in Special Chamber on International Criminal Cooperation in Criminal Matters of the District Court of Amsterdam. Offers a comprehensive overview of key topics in extradition law Comparative approach includes case studies from a wide range of jurisdictions to give students a sense of extradition law in context Extradition is an increasingly important topic as governments and law enforcement agencies seek to keep pace with rising transnational crime
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
Drug problems present sharp challenges for policing and democracy in the European Union. Across Europe, there has been a 'harmonisation' of tougher anti-trafficking measures (exceptional legal powers, more intrusive policing methods, cooperation on intelligence). Yet there is diversity in national and city-level policies on drug users (often stressing social integration rather than punishment). These hard/soft policies towards traffickers/users collide at 'open drug scenes', invoking disparate and often volatile responses. The collection presents vivid experiences of drug policy-making at city, regional, national and Union levels. It goes on to examine future prospects for drug control within the EU, in confederal and intergovernmental contexts, following the Union's 1996 Conference. Finally, international dimensions are examined. Action against money laundering is both commended and criticised. EU policies on trade, development and drug control in the Andean region are examined, together with the somewhat mixed prospects for drug enforcement in the context of EU enlargement.
Criminal Justice Internships: Theory Into Practice, Tenth Edition, guides the student, instructor, and internship site supervisor through the entire internship process, offering advice and information for use at the internship site as well as pre-planning and assessment activities. With increasingly more programs offering or requiring internships, the need for guidance is answered by McBride's counsel, offering students a means of enhancing their credentials and gaining a foothold in a competitive job market. Divided into four sections Pre-internship Considerations, Professional Concerns, The Role of the Organization, and Assessment and Career Planning this book offers resources to enrich the student's experience and lay the foundation for future professional success. Students learn basics such as choosing an internship site at either a public agency or a private firm, resume-writing techniques, effective use of social networks, interviewing skills, and the importance of setting and developing goals and assessing progress. The book serves as a reference tool for professors and supervisory personnel who assist and supervise students during their internships. Suitable for all Criminal Justice, Justice Studies, Financial Crimes and Cybersecurity Investigations, and Pre-law undergraduate programs, Criminal Justice Internships is also useful in Social Sciences programs with a service-learning component.
The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that America's criminal justice system isn't foolproof. It's important to understand the causes of wrongful conviction in order to find solutions to this growing problem.Edited by one of the nation's leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions.This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, "American Justice in the Age of Innocence" educates the public and helps current prisoners who are innocent contest their wrongful convictions.
How do we make sense of complex evidence? What are the cognitive principles that allow detectives to solve crimes, and lay people to puzzle out everyday problems? To address these questions, David Lagnado presents a novel perspective on human reasoning. At heart, we are causal thinkers driven to explain the myriad ways in which people behave and interact. We build mental models of the world, enabling us to infer patterns of cause and effect, linking words to deeds, actions to effects, and crimes to evidence. But building models is not enough; we need to evaluate these models against evidence, and we often struggle with this task. We have a knack for explaining, but less skill at evaluating. Fortunately, we can improve our reasoning by reflecting on inferential practices and using formal tools. This book presents a system of rational inference that helps us evaluate our models and make sounder judgments.
White-collar crime is defined both in terms of the offence and in
terms of the offender. The offence is often financial by nature,
taking the form of fraud, tax evasion, corruption, and insider
trading. The offender is typically a person of respectability and
high social status, who commits crime in the course of his
occupation. When prosecuted in court, white-collar criminals are
defended by lawyers, a knowledge worker specializing in the
development and application of legal knowledge to solve client
problems. Research into the roles of lawyers in white-collar crime
is important since it provides new information into a specific area
of legal advice linked to corporate and occupational economic
crime.
The existence of financial identity theft in the United States, and its (gradual) spread to other areas of the world, increases the need to understand how identity theft occurs and how perpetrators of the crime manage to take advantage of developments within contemporary society. This book aims to provide such an understanding through an in-depth comparative analysis which illustrates how states, financial service providers, consumers, and others facilitate the occurrence of financial identity theft in the United States and the Netherlands.
Students, researchers, and practitioners in the field of criminal justice will find this comprehensive, annotated bibliography of American corrections to be a user-friendly reference source for searches by author and subject. Additionally, the book contains annotations for landmark cases relating to American corrections. "American Prisons" contains a comprehensive annotated bibliography of selected references which are generally recognized as the classic or substantive sources of the respective topics in corrections, and those which are readily available through university libraries and government agencies. The annotations provide summary information on references and an overview of the source. They are written to be user-friendly to students, researchers, and practitioners. The work is indexed for subjects, authors, and cases, and is fully cross-referenced.
Blackstone's Police Investigators' Q&A 2018 is the essential revision tool for all candidates sitting the National Investigators' Examination (NIE) examinations. Written in partnership with the best-selling Blackstone's Investigators' Manual, the only study guide endorsed by the College of Policing, the Q&A consists of over 200 multiple-choice questions arranged in the same order as the chapters in the Manual, providing the most authoritative means of self-testing outside of the NIE. With four parts, General Principles, Police Powers and Procedures; Serious Crime and Other Offences; Property Offences; and Sexual Offences, reflecting the Manual, Blackstone's Police Investigators' Q&A presents you with the only format of questions you will see in an NIE examination: Type A. Each question has a detailed and comprehensive answer that highlights not only the correct response, but also the reasoning behind the incorrect responses, allowing you to highlight any gaps or weaknesses in your knowledge. Full cross-references to the relevant Manual paragraphs and Keynotes encourage more effective studying, while a question checklist helps you track your progress. The introductory chapters also contain a useful section on how to study for the NIE, including advice on how to approach multiple-choice questions, practical exam techniques, and a 14-week revision plan. Fully updated for the 2018 syllabus, including coverage of relevant new legislation, the Policing and Crime Act 2017, including changes to pre-charge bail and key revisions to the PACE Codes, new legislation under the Psychoactive Substances Act 2016 and the Investigatory Powers Act 2016, and significant case law decisions. This product is not endorsed by the College of Policing.
The investigator's practical guide for cybercrime evidence identification and collection Cyber attacks perpetrated against businesses, governments, organizations, and individuals have been occurring for decades. Many attacks are discovered only after the data has been exploited or sold on the criminal markets. Cyber attacks damage both the finances and reputations of businesses and cause damage to the ultimate victims of the crime. From the perspective of the criminal, the current state of inconsistent security policies and lax investigative procedures is a profitable and low-risk opportunity for cyber attacks. They can cause immense harm to individuals or businesses online and make large sums of money--safe in the knowledge that the victim will rarely report the matter to the police. For those tasked with probing such crimes in the field, information on investigative methodology is scarce. The Cybercrime Investigators Handbook is an innovative guide that approaches cybercrime investigation from the field-practitioner's perspective. While there are high-quality manuals for conducting digital examinations on a device or network that has been hacked, the Cybercrime Investigators Handbook is the first guide on how to commence an investigation from the location the offence occurred--the scene of the cybercrime--and collect the evidence necessary to locate and prosecute the offender. This valuable contribution to the field teaches readers to locate, lawfully seize, preserve, examine, interpret, and manage the technical evidence that is vital for effective cybercrime investigation. Fills the need for a field manual for front-line cybercrime investigators Provides practical guidance with clear, easy-to-understand language Approaches cybercrime form the perspective of the field practitioner Helps companies comply with new GDPR guidelines Offers expert advice from a law enforcement professional who specializes in cybercrime investigation and IT security Cybercrime Investigators Handbook is much-needed resource for law enforcement and cybercrime investigators, CFOs, IT auditors, fraud investigators, and other practitioners in related areas.
After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.
This book explains Japan's unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country's 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.
Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases, and evidentiary software programs. Key Features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists, and additional tools throughout for use by current and future practitioners Course ancillaries including PowerPointTM lecture slides and an Instructor's Manual with Test Bank are available with qualified course adoption.
A comprehensive analysis of the stop & frisk policy, its origins as Chicago's predominant strategy for responding to violence, and its impact on crime and public opinion. Stop & frisk has drawn a great deal of attention-and heated criticism-in recent years, for racial bias in its application and for the often violent and sometimes fatal nature of these encounters. In Stop & Frisk and the Politics of Crime in Chicago, Wesley G. Skogan offers a comprehensive analysis of the stop-and-frisk policy, its origins as Chicago's predominant strategy for responding to violence, and its impact on crime and public opinion. Drawing on a crime database of over 14 million incidents, interviews with 1,450 Chicagoans and 714 police officers, and the author's 30 years of studying, talking to, and riding along with Chicago police officers, Skogan looks at the inner workings of police departments and the history and politics of crime prevention that motivate these policies. Rather than looking at individual stops and how they are handled, he argues for considering stop & frisk as an organizational strategy, intimately tied to the move from reactive to preventive policing. Examining one of America's predominant crime control strategies, this book provides an essential analysis of the origins, implementation, and effects of stop & frisk in Chicago and on urban policing in general.
The political libel is as old as politics itself. The politician, seeking redress in the courts for an allegedly libellous publication, uses the English law of libel to attempt to remove the stain from his character. Wielding the 'sword of truth' he does battle with the media, often with huge attendant publicity, and at great risk to his reputation should he fail in his quest. At the same time he stands to pocket a substantial sum in damages if he can show the libel to have been committed. In this, the first modern study of the phenomenon of political libels, the author delves behind the headlines and looks at the political and legal problems which surround this little understood but controversial area of English law. In this highly readable and engaging work the author surveys the ancient and modern history of the political libel laws, and argues that the English law of libel has in the main been too jealous of defending the reputations of politicians and insufficiently alert to the legitimate interest of the public. A strong case is made for reforming the law substantially, a case which rests both on the experience of other countries (notably the USA), and also on a re-examination of a handful of English cases dating from the mid-to-late nineteenth century whose significance has been downplayed by lawyers in subsequent years. |
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