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

Text, Cases and Materials on Criminal Law offers a thought-provoking, engaging and comprehensive account of criminal law and its underpinning principles and policies. It includes a range of carefully selected extracts to help you get used to reading court judgments, legislation, official reports and academic writings. Dedicated questions also help you to analyse each extract and develop your critical thinking skills. A range of features, specifically designed to help make your reading as interesting and active as possible, are also available within each chapter including: * Chapter objectives at the start of each chapter, and checklists at the end, so that you know exactly what you need to achieve and are able to assess your progress; * Practical activities, so you can develop your legal skills by practising applying what you have learnt to scenario-based problems; * Self-test questions, which consolidate your understanding by providing an opportunity to apply the material you have studied; * Further reading lists, to enable you to explore key issues in greater depth. This new edition has been fully updated with all major legal developments in the area, including R v Jogee [2016] UKSC 8 and R v Johnson [2016] EWCA Crim 1613 on joint enterprise and the Law Commission's scoping report on non-fatal offences against the person. Stuart Macdonald is Professor of Law at Swansea University. He has taught criminal law for over 15 years and has published widely on criminal justice issues, particularly the regulation of anti-social behaviour and counterterrorism legislation and policy.

How can it be, in a nation that elected Barack Obama, that one third of African American males born in 2001 will spend time in a state or federal prison, and that black men are seven times likelier than white men to be in prison? Blacks are much more likely than whites to be stopped by the police, arrested, prosecuted, convicted, and imprisoned, and are much less likely to have confidence in justice system officials, especially the police.
In Punishing Race, Michael Tonry demonstrates in lucid, accessible language that these patterns result not from racial differences in crime or drug use but primarily from drug and crime control policies that disproportionately affect black Americans. These policies in turn stem from a lack of white empathy for black people, and from racial stereotypes and resentments provoked partly by the Republican Southern Strategy of using coded "law and order" appeals to race to gain support from white voters. White Americans, Tonry observes, have a remarkable capacity to endure the suffering of disadvantaged black and, increasingly, Hispanic men. Crime policies are among a set of social policies enacted since the 1960s that have maintained white dominance over black people despite the end of legal discrimination. To redress these injustices, Tonry offers a number of proposals: stop racial profiling by the police, shift the emphasis of drug law enforcement to treatment and prevention, eliminate mandatory sentencing laws, and change sentencing guidelines to allow judges discretion to take account of offenders' life circumstances. Those proposals are all attainable and would all reduce unjustifiable racial disparities and the collateral human and social harms they cause.
A damning indictment of decades of misguided criminal justice policy, Punishing Race takes a crucial look at persisting racial injustice in America.

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.

While in no way supporting the systemic injustices and disparities of mass incarceration, Gifts from the Dark: Learning from the Incarceration Experience argues that we have much to learn from those who have been and are in prison. Schwartz and Chaney profile the contributions of literary giants, social activists, entrepreneurs, and other talented individuals who, despite the disorienting dilemma of incarceration, are models of adult transformative learning that positively impact the world. The authors interweave narratives with both qualitative and quantitative research references to analyze the role of solitude, writing, non-verbal communication; race and gender; physical exercise; education; technology; family and parenting; and the need to "give back" that precipitate transformative learning. The prison cell becomes a counterspace of metamorphosis. In focusing upon how men and women have chosen the worst moments of their lives as a baseline not to define, but to refine themselves, Gifts from the Dark promises to forever alter the limited mindset of incarceration as a solely one-dimensional, deficit event.

Provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours Written by a world-leading expert in the field of violent crime and its relationship to ASD Evidence-based, practical guide to working with Suspects, Defendants and Offenders with Autism, making it suitable for both researchers and professionals across Psychology and Legal domains

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.

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence - among others - in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model's actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

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.

1. This is the first textbook to bring together the related fields of state crime, white collar crime, financial crime and environmental crime. 2. As well as offering theoretical and methodological insights, this book draws on international case studies throughout. 3. This will be essential reading for the growing number of modules on Crimes of the Powerful and also important supplementary reading for modules on white collar crime, state crime and green criminology.

This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. The first part offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system - including the police, the courts and judiciary, prisons and community penalties. The active engagement of students with the material covered distinguishes this text from others in the area and makes it a real teaching resource for lecturers and tutors. There are regular reflective question breaks which enable students to consider and respond to questions relating to what they have just read.

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 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.

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.

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.

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.

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.

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.

* 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 book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems."

South African criminal law has accepted that it is only fair to punish those who - if they do wrong - are responsible for doing wrong. Responsibility - that the accused must be blameworthy - finds expression in several specific requirements of South African criminal law: voluntariness, fault, and, in particular, capacity, into which the `insanity' defence falls. The Responsible Mind in South African Criminal Law critically analyses these requirements, and includes an empirical component in this analysis. The book also identifies and critically analyses the underlying model of responsibility adopted in our law and considers the alternatives. The conclusion from the empirical component and critical analysis is that the specific requirements are unclear and even incoherent, and that this is a function of the underlying model of responsibility, which identifies random capricious and arbitrary conduct as responsible conduct. Alternative models of responsibility are discussed, and a `compatibilist' model of reason sensitivity is selected as a better foundation for criminal responsibility. The Responsible Mind in South African Criminal Law discusses the implications of adopting this model for the various specific requirements of South African criminal law and proposes appropriate modifications. Ultimately a new model of criminal responsibility and a revised set of specific requirements are proposed, together with a proposed new statutory test for responsibility.

A thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.