This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

The Story of Nuncomar and the Impeachment of Sir Elijah Impey (1885) examines some of the most controversial events of 18th century English colonial legal history from the point of view of Victorian England's most important legal authority. An experienced barrister, journalist, Legal Member of the Governor-General's Council in India, author of the inaugurative and consolidatory History of the Criminal Law of England (1883), and, finally, a justice on the Queen's Bench, Sir James Fitzjames Stephen argues that far from being the victim of a judicially-engineered execution, Nuncomar (a powerful Indian accused of forgery and conspiracy) received a fair trial from Sir Elijah Impey, Chief Justice of the newly-formed Supreme Court in Bengal, and from his brethren. In mounting this argument, Stephen explicitly challenges the long-held judgments of Nuncomar, Impey, and Warren Hastings that had been pronounced earlier in the century by Stephen's mentor, the influential historian Thomas Babington Macaulay, and accepted thereafter. This new edition of Stephen's text (the first since the work was published more than a hundred years ago) includes a detailed introduction, table of dates, glossary, and a fully augmented index, as well as extensive explanatory notes. This apparatus offers important contextual information that not only supports scholars who undertake work on this historical period but also allows a wider readership to understand more fully Stephen's complex and provocative text.

This edited collection introduces and defines the concept of "comparative restorative justice", putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.

Elliott & Quinn's Criminal Law has been specifically designed to introduce you to the legal principles, cases and statutes at play in this core subject area. Areas of debate, critique of the current law and consideration of reform options are also included throughout making this an ideal text for LLB or GDL who want an accessible and engaging introduction to criminal law. This new edition has been fully updated with all the latest legal developments in the area, including: * A substantially revised chapter 11 on accomplice liability which has been reworked to reflect the change to the law brought about by R v Jogee and Ruddock (2016); * Extensively updated coverage of voluntary manslaughter to reflect decision made in R v Gurpinar (2015), R v Golds (2016), R v Wilcocks (2016) and R v Meanza (2017); and * Discussion of the case of R (on the application of Collins) v Secretary of State for Justice (2016) in the context of the householder's defence in self-defence.

Child Offenders in South African Criminal Justice: Concepts and Process explains the Child Justice Act 75 of 2008 for the various sectors involved in the administration of child justice in South Africa. The book presents the aims and objectives of the Act and then explains the difference between adversarial and inquisitorial criminal procedure, which is relevant to preliminary inquiries. The authors examine the role played in the child justice process by members of the South Africa Police Service, the National Prosecuting Authority, probation officers, the court of preliminary inquiry, the child justice court and correctional services. Child offenders in South African Criminal Justice: Concepts and Process contains a CD with useful diagrams detailing various child justice processes and flow charts of the various stages of the proceedings. The Forms from the Regulations to the Child Justice Act 75 of 2008 and National Instruction 2 of 2010 are provided for the reader as appendixes to the book.

Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

This work contains a selection of key papers presented at the 14th International Symposium on Economic Crime, which had as its central theme the prevention and control of corrupt practices. Whether the major issue centres on the control of economic crime, the protection of developing economies or those in transition, the ever-present threat of corruption remains predominant. Corruption and associated abuses attack from within the integrity and thus the efficiency and efficacy of institutions, both in the public and private sectors. Whilst the threat inevitably has an external aspect the consequences occur within government or the enterprise in question. Therefore the control of corrupt practices requires more than any other threat, an integrated strategy involving preventive and response measures facing both outwards and inwards. All aspects of the problem of corruption are addressed on a multidisciplinary basis and cover a variety of jurisdictions. These proceedings should be of interest to law enforcement officers, lawyers, and bankers.

Even as restorative justice has captured the attention of justice practitioners, academics and communities worldwide and most research suggests that it has the potential to repair the harm of a criminal offense and reduce offending, there is also evidence that it can have no effect or even make things worse. Just Emotions: Rituals of Restorative Justice attempts to address these conflicting findings by analyzing how conferences work as a unique form of justice ritual. With a pioneering new approach to the micro-level study of the processes and emotions involved in successful conferences, this book offers clues on how to improve the practice and increase successful outcomes. Using an eclectic methodological approach, the author presents a model that adapts Goffman's and Collins' ideas about the interaction ritual chain by focusing on participants' emotions, emotional turning points, and the emergence of rhythm and solidarity between participants. The approach involves a contrasting systematic empirical program, including a combination of qualitative interviews, detailed observations of discourse, face and demeanour, and quantitative analysis of systematically observed conferences, in order to improve the capacity of facilitators and practitioners to produce successful outcomes. Offering an exploration of how rituals unfold dynamically in space and time, alongside analysis of both failed and successful rituals, Just Emotions provides a model of the ritual elements of restorative justice and how these rituals may impact reoffending.

In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial--the first trial of Germans for Nazi-era crimes--or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten "forgotten trials" of the Holocaust, selected from the many Nazi trials that have taken place over the course of the last seven decades. It showcases how perpetrators of the Holocaust were dealt with in courtrooms around the world--in the former Soviet Union, the United Kingdom, Israel, France, Poland, the United States and Germany--revealing how different legal systems responded to the horrors of the Holocaust. The book provides a graphic picture of the genocidal campaign against the Jews through eyewitness testimony and incriminating documents and traces how the public memory of the Holocaust was formed over time. The volume covers a variety of trials--of high-ranking statesmen and minor foot soldiers, of male and female concentration camps guards and even trials in Israel of Jewish Kapos--to provide the first global picture of the laborious efforts to bring perpetrators of the Holocaust to justice. As law professors and litigators, the authors provide distinct insights into these trials.

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

With a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today.

This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side - a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on the table of contents of international criminal law. It revisits the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. It analyses the role of scholars and practitioners (e.g, Arendt,Damaska, Cassese) on the conceptualisation of law and jurisprudence. Then, it assesses the goals and scope of international criminal law, including contemporary developments relating to the interplay between international and domestic jurisdiction (e.g., verticality, complementarity, gravity), the role of actors (e.g., state crime, corporations, private military companies) and crime definitions (aggression, child recruitment). This is followed by a review of key concepts of individual responsibility (e.g, joint criminal enterprise, co-perpetration, conspiracy) and procedural law (e.g., role of witnesses and victims, arrest). Geared to academics, practitioners and NGOs

This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process-investigation, prosecution, incarceration, rehabilitation-to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

This book provides systematic comparative research of antifraud laws and context at EU countries using a Artificial Neural Network (ANN) model to predict illegal activities in ERDF and CF. It also details a map of corruption risk with the goal of reducing corruption and fraud in the management of European Regional Development Funds and Cohesion Funds through the incorporation of adequate measures and strategies derived from the resulting of EUMODFRAUD EU Project. The authors analyse the specific situations, observe the risks and finally, propose an innovative method that allows predicting fraudulent acts, which will be of interest to both academics, researchers, and policy makers in financial services, public finance, and financial crime.

In 1988, despite powerful Congressional opposition, U.S. Attorney Rudy Giuliani brought a massive civil racketeering (RICO) suit against the leaders of the behemoth International Brotherhood of Teamsters (IBT) and more than two dozen Cosa Nostra (LCN) leaders. Intending to land a fatal blow to the mafia, Giuliani asserted that the union and organized-crime defendants had formed a devil's pact. He charged the IBT leaders with allowing their organized-crime cronies to use the union as a profit center in exchange for the mobsters' political support and a share of the spoils of corruption. On the eve of what would have been one of the most explosive trials in organized-crime and labor history, the Department of Justice and the Teamsters settled.
Breaking the Devil's Pact traces the fascinating history of U.S. v. IBT, beginning with Giuliani's controversial lawsuit and continuing with in-depth analysis of the ups and downs of an unprecedented remedial effort involving the Department of Justice, the federal courts, the court-appointed officers (including former FBI and CIA director William Webster and former U.S. attorney general Benjamin Civiletti), and the IBT itself. Now more than 22 years old and spanning over 5 election cycles, U.S. v. IBT is the most important labor case in the last half century, one of the most significant organized crime cases of all time, and one of the most ambitious judicial organizational reform efforts in U.S. history. Breaking the Devil's Pact is a penetrating examination of the potential and limits of court-supervised organizational reform in the context of systemic corruption and racketeering.

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.

Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

The Multicultural Prison: Ethnicity, Masculinity, and Social Relations among Prisoners presents a unique sociological analysis of the daily negotiation of ethnic difference within the closed world of the male prison. At a time when issues of race, multiculture, and racialization inside the prison have been somewhat neglected, this book considers how multiple identities configure social interactions among prisoners in late modern prisoner society, whilst also recognising the significance of religion, age, masculinity, national, and local identifications. Contemporary political policies, which sees racialised incarceration together with penal expansion, has fostered the disproportionate incarceration of diverse British national, foreign, and migrant populations - all of whom are brought into close proximity within the confines of the prison. Using rich empirical material drawn from extensive qualitative research in Rochester Young Offenders' Institution and Maidstone prison, the author presents vivid prisoner accounts from both white and minority ethnic participants, describing economically and socially marginalised lives outside. In turn, these stories provide a backdrop to the inside - the interior world of the prison where ethnicity still shapes social relations but in a contingent fashion. Addressing both the negotiation and tensions inherent in conducting such research, the central discussion evolves from a frank dialogue about ethnic, faith, and masculine identities, constituted through loose solidarities based on 'postcode identities', to a more startling comprehension of such divisions as, in some cases, a means for cultural hybridity in prison cultures. More commonly, though, these divisions act as a familiar fault line, creating wary, unstable, and antagonistic relations among prisoners. Providing an arresting insight into how race is written into prison social relations, The Multicultural Prison adds a unique and outstanding voice to the challenging issues of discrimination, inequality, entitlement, and preferential treatment from the perspective of diverse groups of prisoners.

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

This book presents a timely analysis of the psychological influences, underpinnings, and predictors of non-consensual image-based sexual offending (NCIBSO), such as revenge pornography, cyber-flashing, deepfake media production and upskirting. In this rapidly expanding field, this book offers a novel perspective that encompasses both a forensic psychoanalytic analysis of offending behaviours and an examination of the influence of our use of online environments and digital platforms on these behaviours. The authors begin by outlining the historical and legal context before moving on to a critique of previously posited motivating factors. Rather than conceptualising NCIBSO in purely gendered terms, they demonstrate the potential for a psychological framework to facilitate a better understanding of how and why people engage in a range of non-consensual sexual image offences. In doing so it will provide fresh insights for policymakers and clinicians, in addition to scholars from across the fields of psychology, sociology, criminology, law, media and gender studies.