This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar's myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.

This book seeks to unravel the issues associated with the crime of murder, providing a highly accessible account of the subject for people coming to it for the first time. It uses detailed case studies as a way of exemplifying and exploring more general questions of socio-cultural responses to murder and their explanation. It incorporates a historical perspective which both provides some fascinating examples from the past and enables readers to gain a vision of what has changed and what has remained the same within those socio-cultural responses to murder. The book also embraces questions of race and gender, in particular cultural constructions of masculinity and femininity on the one hand, and the social processes of 'forgetting and remembering' in the context of particular crimes on the other. Particular murders analysed included those of Myra Hindley, Harold Shipman and the Bulger murder.

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.

This book provides a comprehensive account of the imprisonment of women for politically motivated offences in Northern Ireland between 1972 and 1999. Women political prisoners were engaged in a campaign to obtain formal recognition as political prisoners, and then to retain this status after it was revoked. Their lengthy involvement in a prison conflict of international significance was notable as much because of its longevity as the radical aspects of their prison protests, which included hunger strikes, dirty-protests and campaigns against institutional abuses. Out of Order brings out the qualitatively distinctive character and punitive ethos of regimes of political imprisonment for women, exploring the dynamics of their internal organisation, the ways in which they subverted order and security in prison, and their strategies of resistance and exploitation. Drawing upon a wide range of first hand accounts and interviews this book brings together perspectives from the areas of political imprisonment, the penal punishment of women and the question of agency and resistance in prison to create a unique, highly readable study of a neglected subject.

Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.

T. A. Cavanaugh defends double-effect reasoning (DER), also known as the principle of double effect. DER plays a role in anti-consequentialist ethics (such as deontology), in hard cases in which one cannot realize a good without also causing a foreseen, but not intended, bad effect (for example, killing non-combatants when bombing a military target). This study is the first book-length account of the history and issues surrounding this controversial approach to hard cases. It will be indispensable in theoretical ethics, applied ethics (especially medical and military), and moral theology. It will also interest legal and public policy scholars.

Using close-up studies of eight prison riots, Resolution of Prison Riots gives readers an inside view of what these events are like. The riots examined include those that grabbed national attention - one in which over 100 hostages were taken and held for 11 days - as well as lesser-known disturbances whose details are equally gripping. The book explores the conditions that precipitate disturbances, the course of events during the disturbances, and the aftermath and recovery on the part of the corrections agencies. At its heart, the book seeks to explain why and how these events occurred. Along the way, the authors explore issues related to conflict management, negotiations, the use of force, and strategies of administrative organization. The analysis offers practical and timely advice for those responsible for preventing and resolving large-scale disorders.

One of the most powerful words in the English language, "corruption" is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes-categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples-including former assemblywoman Diane Gordon and former governor Rod Blagojevich-Underkuffler explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law. "Underkuffler challenges the traditional rational and logical characterizations of corruption and defends a highly original and insightul proposal. In her view corruption is an emotional concept grounded in religious ideas defying traditional criminal law doctrines. This book is a fantastic contribution to the study of corruption as well as more generally to the study of law and culture."-Alon Harel, Hebrew University Law School

Clear and accessible writing style which is concise without oversimplification is ideal for those who are looking for a straightforward, easy-to-follow textbook on the Law of Evidence in England and Wales Contains numerous extracts from cases and judgments framed by author commentary, presenting students with a wide range of legal authority Utilises an innovative suite of pedagogic tools to support learning and develop understanding of the law, preparing students for assessment New chapter on evidence in arbitral tribunals and additional practice tips, as well as full updates to case law throughout.

This book is dedicated to improving the practice of the policing of domestic abuse. Its objective is to help inform those working in policing about the dynamics of how domestic abuse occurs, how best to respond to and investigate it, and in the longer term how to prevent it. Divided into thematic areas, the book uses recent research findings to update some of the theoretical analysis and to highlight areas of good practice: 'what works and why'. An effective investigation and the prosecution of offenders are considered, as well as an evaluation of the success of current treatment options. Policing domestic abuse can only be dealt with through an effective partnership response. The responsibilities of each agency and the statutory processes in place when policy is not adhered to are outlined. Core content includes: A critique of definitions and theoretical approaches to domestic abuse, including coverage of the myths surrounding domestic abuse and their impact on policing. An exploration on the challenges of collecting data on domestic abuse, looking at police data and the role of health and victim support services. A critical review of different forms of abuse, different perpetrators and victims, and risk assessment tools used by the police. A critical examination of the law relating to domestic abuse; how police resources are deployed to respond to and manage it; and best practice in investigation, gathering evidence, and prosecution Key perspectives on preventing domestic abuse, protecting victims, and reducing harm. Written with the student and budding practitioner in mind, this book is filled with case studies, current research, reports, and media examples, as well as a variety of reflective questions and a glossary of key terms, to help shed light on the challenges of policing domestic violence and the links between academic research and best practice.

Based on the expertise of thirty leading experts on confiscation in the EU, this is the first book to analyse the practice of proceeds from crime confiscation in the original fifteen EU Member States. It examines the implementation of confiscation provisions in all three (investigative, judicial and disposal) phases of confiscation proceedings. It quantifies the enforcement of confiscation provisions in the EU, using an innovative and unique methodology and thereby furnishes understanding of obstacles and best practices.

The conclusion of the book is that the a ~tough on criminal wealtha (TM) philosophy is largely alien to the everyday practice of law enforcement agencies. Putting criminals behind bars is still the main aim of the system, and most of the scarce resources available are devoted to achieving this.

This title is of interest to academics and students in the fields of criminology, sociology, and law, as well as to law enforcement officers, public prosecutors, and policymakers.

With a Foreword by Hein Verbruggen, UCI Honorary President for life and IOC Member This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in athlete's bodily fluids the athlete in question is strictly liable for a doping offence. In the disciplinary procedure there is no discussion about his guilt and the athlete is not given an opportunity to disprove his guilt. One of the starting points of the European Convention of Human Rights (ECHR) is that suspects are not guilty until their guilt has been proven conclusively based on the law, which includes the right of defence. The author analyzes the nature of doping offences and puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. As not only the athlete himself, but also sports clubs and sponsors may suffer serious damage from such sanctions, this book on the strict liability principle will be of great interest to practitioners and academics in more than one field of law. Moreover, it will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties. Janwillem Soek is a senior researcher at the ASSER International Sports Law Centre, The Hague, The Netherlands.

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.

The new edition of 'Unlocking Criminal Law' provides coverage of the Criminal Law curriculum, presented in an innovative, visual format, as well as detailing the latest measures introduced in 2020 in the wake of the Covid-19 crisis. Supported by a website which offers students a host of additional practice opportunities and supporting materials, including a testbank of multiple choice questions designed to help prepare students for the forthcoming Solicitor Qualifying Examination. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost student confidence. They are ideal as either core reading or as a supplement to a denser textbook.

This work deals with the real practicalities of getting results in the Magistrates' Court. It looks at who's who at court, and who holds what information, where forms are kept and how to fill them in. This new edition contains practical guidance which until now has been hard to find in other publications for example: how to get bail; how to argue for separate representation; what you should be looking for in disclosure; and a digest of jargon and shorthand used by the police, CPS and court staff.

What should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer to this question that motivates the investigation undertaken in this book defends the claim that (other things being equal) domestic violence prosecutors should respond as feminists.
This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting communities as less patriarchal.
This thesis is defended first by developing a general theory of prosecutorial practical reasoning, and then by considering the prosecution of domestic violence offences in particular. Along the way, this book provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors.
Moreover, it provides original analyses of two key concepts, domestic violence and patriarchy, and explains the relevance of the latter to a proper understanding of the former.
These insights are put to work in answering the motivating question stated above, and provide answers both in terms of what prosecutors would be justified in doing, and what prosecutors should do in order to be effective.

When is a crime a crime--or an act condoned by a significant portion of society? When is a criminal a criminal--or a revolutionary or a national hero? As the chapters in this collection make clear, what constitutes criminal activity varies, to a degree, among different societies and at different moments in a society's history. In this wide-ranging work, major historians of criminology and penology examine aspects of crime and criminal justice from medieval Western Europe to modern day Canada.

In addition to examining crime, the judicial system, and punishment in various societies, the chapters look at the evolution of police systems as societies urbanize and undergo population changes. Together these chapters look at many key questions concerning the modern study of criminal behavior. As such, the volume will be of great interest to researchers and scholars of the history of crime.

In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Drug courts offer offenders an intensive court-based treatment program as an alternative to the normal adjudication process. Begun in 1989, they have since spread dramatically throughout the United States. In this interdisciplinary examination of the expanding movement, a distinguished panel of legal practitioners and academics offers theoretical assessments and on-site empirical analyses of the workings of various courts in the United States, along with detailed comparisons and contrasts with related developments in Britain. Practitioners, politicians, and academics alike acknowledge the profound impact drug courts have had on the American criminal justice system. From a range of disciplinary perspectives, contributors to this volume seek to make sense of this important judicial innovation. While addressing a range of questions, Drug Courts also aims to achieve a careful balance between focused empirical studies and broader theoretical analyses of the same phenomenon. The volume maintains an analytical concentration on drug courts and on the important practical, philosophical, and jurisprudential consequences of this unique form of therapeutic jurisprudence.

Drug courts depart from the practices and procedures of typical criminal courts. Prosecutors and defense counsel play much-reduced roles. Often lawyers are not even present during regular drug court sessions. Instead, the main courtroom drama is between the judge and client, both of whom speak openly and freely in the drug court setting. Often accompanying the client is a treatment provider who advises the judge and reviews the client's progress in treatment. Court sessions are characterized by expressive and sometimes tearful testimonies about the recovery process, and are often punctuated with applause from those in attendance. Taken together, the chapters provide a variety of perspectives on drug courts, and extend our knowledge of the birth and evolution of a new movement. Drug Courts is an essential reference for courses in criminology, the sociology of drugs and deviance, and the philosophy of law and punishment.

In 1990 when Michael Gottfredson and Travis Hisrchi published A General Theory of Crime, now often referred to as self control theory, it quickly became among the most discussed and researched perspectives in criminology. In Modern Control Theory and the Limits of the Criminal Justice, Gottfredson and Hirschi develop and extend the theory of self control advanced in their classic work. Focusing on the methodology of testing crime theory and measuring behavioral research on crime and delinquency, they critically review the evidence about self control theory. Gottfredson and Hirschi further discuss evidence about the positive consequences of higher levels of self control from education, economics, and public health, that-along with evidence from delinquency and crime-show substantial support for the theory of self control. Illustrating the theory through predictions about policing, incarceration, juvenile justice, and the connection of immigration policy to crime, this book connects self control theory to the structure and function of the criminal justice system, then applies the theory to pressing issues of public policy about delinquency and crime.

Following on from "International Approaches to Prostitution" (Policy Press, 2006), this book provides an overview of rape law and policy in ten countries, including England, Australia, Canada, India and China. By introducing readers to national perspectives of issues relating to rape, the book presents a comparative approach which highlights similarities and differences between countries, contexts, laws, key issues and policies and interventions. It is recommended for academics, students, practitioners and policy makers.

A distinguished group of noted criminal justice specialists here examines the impact of the new U.S. sentencing guidelines, imposed in 1987, on law enforcement, the prosecution and courts, and corrections. Although these guidelines were created with the expressed purpose of increasing judicial fairness and reducing prison overcrowding, the contributors argue that their long range effects will be to aggravate present overcrowding problems to intolerably high levels. To make their case, contributors address individually such issues as plea bargaining, the new role of parole and corrections officers, the likely effects of the scheduled abolition of the parole board in 1992, and more. Both students of criminal justice and practicing parole and corrections officers will find these chapters enlightening reading.

Following an introductory overview that puts the U.S. sentencing guidelines in perspective, two chapters discuss their impact on law enforcement, officer discretion, and crime control and deterrence. Turning to an exploration of the courts, the contributors address prosecutorial discretion in plea bargaining, judicial discretion and sentencing disparities, case processing and sentencing alternatives, and how predictions of dangerousness affect the sentencing process. In their analysis of the relationship between the sentencing guidelines and corrections trends, the contributors examine issues such as community-based corrections and privatization, inmate litigation and constitutional issues, and recidivism. Finally, editor Dean Champion offers a perceptive synthesis of the volume by summarizing the serious problems posed by imposition of the U.S. sentencing guidelines. Four appendices provide additional related information for the student and researcher.

This book challenges the growing assumptions about the exercise of jurisdiction over international crimes - that legal impediments are invalid in the face of the imperative to prosecute crimes of this gravity. Six principal impediments to the exercise of jurisdiction over international crimes are individually and comparatively analysed from the perspective of their historical origins, the policy contexts justifying them, and the legal arguments used by courts and commentators to either uphold the barrier to prosecution or to reject its application so that prosecution remains unhindered. These six impediments are: (1) Amnesties; (2) Pardons; Statutes of Limitation; (4) Immunities; (5) Ne bis in Idem (double jeopardy); and (6) Abuse of process. The author proposes that an approach based upon an 'interests analysis', derived from policy oriented approaches to international law, provides a reasonable, coherent, and transparent means for courts to resolve the question of jurisdiction when faced with competing rules or principles such as those forming the basis of the research. Each chapter contains a theoretical evaluation of one of the mentioned impediments, as well as a comprehensive and up to date discussion of relevant case-law from both world-wide domestic and international jurisdictions. This volume builds upon Yasmin Naqvi's expertise as a scholar and a lawyer working for the Chambers of the International Criminal Tribunal for the former Yugoslavia. She has also held positions at the International Committee of the Red Cross, the Graduate Institute of International and Development Studies in Geneva, and as a legal consultant on transitional justice and special procedures at the United Nations Office of the High Commissioner for Human Rights.

This book provides a clear and accessible account and analysis of French criminal law in English, the first to have been written. French criminal law has been highly influential in the development of criminal law in civil law countries around the world, and a knowledge of French criminal law has become increasingly important in view of the internationalisation and Europeanisation of criminal law. The book provides a historical introduction to the development of French criminal law, and a chapter on French criminal procedure to provide the context for an understanding of substantive criminal law. Subsequent chapters cover the general principles of French criminal law, analysing actus reus, mens rea, parties to crime, inchoate offences and general defences. The major offences are then considered chapter by chapter, and an Appendix provides in both French and English the key provisions of the French Criminal Code.