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Books > Law > Laws of other jurisdictions & general law > Criminal law
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.
This book shows how participation of interpreters as mediators changes the dynamics of police interviews, particularly with regard to power struggles and competing versions of events. The analysis of interaction offers insights into language in the legal process.
* Balanced theoretical and historical perspective on juvenile justice written in clear, engaging language * Coverage of new issues in juvenile justice from the opioid epidemic to technology's impact on juvenile crime and juvenile victims * Extensive ancillaries for both instructors and students, including interactive materials such as flash cards and resources for evidence-based learning
This analysis of policing throughout the modern world demonstrates how many of the contentious issues surrounding the police in recent years - from paramilitarism to community policing - have their origins in the fundamentals of the police role. The author argues that this results from a fundamental tension within this role. In liberal democratic societies, police are custodians of the state's monopoly of legitimate force, yet they also wield authority over citizens who have their own set of rights.
Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role? Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.
The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA
First published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and - most important - interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law and sociology, or to lawyers, policemen, criminals, and others involved in the system of criminal justice, but also to the man in the Wormwood Scrubs omnibus.
Cybercrime is remarkably varied and widespread, and financial losses range from a few hundred dollars being extorted to multi-million dollar cyberfraud cases. Increasingly, cybercrime also involves the risk of terrorist attacks bringing down a major part of the Internet. Countries are discovering that it may be impossible for them to prosecute cybercriminals. Cybercrimes, unlike 'ordinary' crimes, are transnational in nature and it is often difficult to say just where they take place. This causes legal problems, since jurisdiction is usually still confined to the place where the crime was committed. A related issue is to what extent the police can investigate cybercrimes across borders, through the Internet: do they infringe the sovereignty of other countries? This book surveys how these issues in cybercrime jurisdiction are dealt with by countries around the world, including the US, Japan, Korea, India, Brazil, Chile, Australia, New Zealand, Italy, Germany, Belgium, Denmark, and the UK. A score of experts assess how well the laws of their countries and the Cybercrime Convention deal with transnational cybercrime, and how jurisdiction conflicts should be resolved. With this in-depth survey of views and practices of cybercrime jurisdiction, the authors hope to contribute to a more concerted international effort towards effectively fighting cybercrime. The book is therefore highly recommended to policy-makers, members of the judiciary, academics and practitioners. Bert-Jaap Koops is Professor of Regulation & Technology at the Tilburg Institute for Law, Technology, and Society (TILT) of Tilburg University, The Netherlands. Susan W. Brenner is NCR Distinguished Professor of Law & Technology, University of Dayton School of Law, Ohio, US.
Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU's primary law.
It is a truism that the administration of criminal justice consists of a series of discretionary decisions by police, prosecutors, judges, and other officials. Analyzing the origins, nature, and impact of various efforts to control discretion, Taming the System is the first comprehensive history of the reform attempts in the past forty years. Of enormous value to scholars, reformers, and criminal justice professionals, Walker's book approaches the discretion problem through a detailed examination of four decision points: policing, bail setting, plea bargaining, and sentencing. In a field which largely produces short-ranged "evaluation research", this study, in taking a wider historical approach, distinguishes between the roles of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history. Serving as an "interim report" on what does and does not work in the system, Taming the System concludes that not only has the effort to control discretion been a unifying theme in criminal justice history, but that there have actually been some successes, resulting in reducing disparities in race and social class.
This book provides a holistic and interdisciplinary focus on the legal regulation and policing of football violence and disorder in Britain. Anchored in ground-breaking ethnographic and participant-action research, the book combines a crowd psychology and socio-legal approach to critically explore the contemporary challenges of managing football crowds. It sets out the processes by which football disorder occurs and the limitations of existing approaches to policing 'football hooliganism', in particular the dominant focus on controlling 'risk supporters', before setting out proposals for fundamental reforms to both law and policing. This book will be of value to academics, students, legal and policing practitioners, as well as policy-makers. The two authors are internationally known experts in the management and behaviour of football crowds and bring together for the first time over 30 years of research in this area from the disciplines of law and social psychology.
The authors take a scalpel to South Africa's system of criminal justice during the Apartheid era. They focus on the case of the Sharpeville Six to analyse how criminal justice was used to make convictions easy to secure. Analysing the technicalities of the criminal law, as well as the quality of evidence and judicial reasoning in the case against the Six, Parker and Mokhesi-Parker also convey vividly through letters from death row, the sense these people made of their impending executions and how an international campaign to save their lives succeeded with only 18 hours to spare.
USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First
Amendment right of free speech is a fragile one. Its fragility is
found no less in legal opinions than in other, less specialized
forms of public discourse. Both its fragility and its sometimes
surprising resiliency are reflected in this book. It provides an
examination of how the U.S. Supreme Court has dealt with the
problem of restrictions on media coverage of the criminal justice
system, as well as how lower courts have interpreted the law
created by the Supreme Court. The author explores the degree to
which the Court has created a coherent body of law that protects
free expression values while permitting reasonable government
regulation, and examines the Supreme Court's jurisprudence
concerning prior restraints, post-publication sanctions on the
press, and their right of access to criminal proceedings.
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.
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 of—and controversies about—capital 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
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.
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
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.
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. |
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