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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.
The American prosecutor plays a powerful role in the judicial
system, wielding the authority to accept or decline a case, choose
which crimes to allege, and decide the number of counts to charge.
These choices, among others, are often made with little supervision
or institutional oversight. This prosecutorial discretion has
prompted scholars to look to the role of prosecutors in Europe for
insight on how to reform the American system of justice.
This edited collection brings together many of the world's leading experts, both academic and practitioner, in a single volume Handbook that examines key international issues in the field of hate crime. Collectively it examines a range of pertinent areas with the ultimate aim of providing a detailed picture of the hate crime 'problem' in different parts of the world. The book is divided into four parts: An examination, covering theories and concepts, of issues relating to definitions of hate crime, the individual and community impacts of hate crime, the controversies of hate crime legislation and theoretical approaches to understanding offending. An exploration of the international geography of hate, in which each chapter examines a range of hate crime issues in different parts of the world, including the UK, wider Europe, North America, Australia and New Zealand. Reflections on a number of different perspectives across a range of key issues in hate crime, examining areas including particular issues affecting different victim groups, the increasingly important influence of the Internet and hate crimes in sport. A discussion of a range of international efforts being utilised to combat hate and hate crime. Offering a strong international focus and comprehensive coverage of a wide range of hate crime issues, this book is an important contribution to hate crime studies and will be essential reading for academics, students and practitioners interested in this field.
This book seeks durable solutions for tax crime and is a great resource for the development of knowledge, policy and law on tax crime. The book uniquely blends current practice with new approaches to countering tax crime. With insights from the EU-funded project, PROTAX, which conducts advanced research on tax crimes, the book comparatively analyses the EU's tax crime measures and the Ten Global Principles (TGPs) on fighting tax crime by the Organisation for Economic Cooperation and Development (OECD). The study critically examines how the TGPs can serve as minimum standards for the EU to counter tax crime such as tax evasion and tax fraud. The study also analyses how the anti-tax avoidance package can be graduated to fight tax crime in the EU. When escalated, the strengths of the EU tax crime measures and TGPs can form a fortress in which criminal law can be empowered to mitigate tax crimes with greater effect. The book will be particularly useful for end-user stakeholders such as tax policy makers, LEAs, professional enablers as well as academics and students interested in productive interaction between tax, criminal and administrative laws.
Criminology is a dynamic and evolving field of study. In the recent decades, the study of the causes, development, prevention, and treatment of juvenile delinquency and adult crime has produced many important discoveries. This volume address two questions about crucial topics facing criminology - from causation to prevention to public policy: Where are we now? What does the future hold? Rolf Loeber and Brandon C. Welsh lead a team of more than forty top scholars from across the world to present the future of research, policy, and practice in the discipline. "Criminology has entered into a new era in which standard ideas are being revised or replaced by fresh theoretical and empirical investigations. In The Future of Criminology, Rolf Loeber and Brandon Welsh capture the field's dynamic nature by pulling together, under one cover, diverse ideas of where criminology should head. Written by leading scholars, the volume's contributions provide lucid and compelling assessments of how best to think about crime and its control. Every scholar should keep this book close at hand and consult it regularly."-Francis T. Cullen, Distinguished Research Professor, University of Cincinnati "Inspired by David Farrington, one of the world's foremost scholars of criminology, The Future of Criminology is designed to be a 'state of the art' collection of essays delineating criminology's contribution to our understanding of crime prevention and its control. It succeeds admirably as a diverse group of leading scholars summarize, integrate, and extend previous work on child delinquency, criminal careers, psychopathology, high-risk families and communities, and experimental criminology. Researchers, policymakers, and students will benefit greatly from a close study of its chapters." - Joan Petersilia, Adelbert H. Sweet Professor of Law, Stanford Law School "This set of contributions, by forty world-renowned criminologists, constitutes a cutting-edge volume for future generations of scholars to take the baton from David Farrington."-Gerben Bruinsma, Director of Netherlands Institute for the Study of Crime and Law Enforcement, Amsterdam
The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused as to his role, is it possible to zealously advance the best interests of his client? While the role of the defense has been explored through the culture of their law firms, the individualized role of the defense lawyer in the context of criminal procedure and their contribution to adversarial justice is something that has not been exposed to scrutiny. This book explores how lawyers view their own individual role in the context of the changed obligations introduced by the CPIA 1996 and the CrimPR, looking at the defense lawyer as part of a system, rather than as part of a relationship. Through a theoretical lens, Ed Johnston provides a wider perspective on the changing nature of criminal justice and the place of a key actor within it to draw conclusions regarding the role of the defense lawyer in the modern era.
This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.
A Guide to National Security offers an analysis of the threats and
policy responses facing the UK, presented within the framework of
the Government's National Security Strategy and the Strategic
Defence and Security Review. It explores the processes and
developments which have shaped the transformation of national
security over the last three decades, and critically examines the
processes of politicisation and securitisation that have delivered
the new strategic vision.
With the publication of Terrorism: Commentary on Security Documents, Index IV, Oxford University Press continues to provide periodic stand-alone volumes containing cumulative indexes for the individual volumes in the series. Index IV (covering Terrorism Vols. 101-120) adds to the previous index volumes in order to ensure comprehensive searchability within the series. The availability of the cumulative index as well as the volume-specific indexes makes the series more convenient for the reader and provides the researcher with multiple ways to search for information. Index IV also features improved double-columned index formatting, for ease of use in a more compact volume. Although each volume in Terrorism: Commentary on Security Documents contains its own volume-specific index, this comprehensive index fully indexes the last twenty volumes in the Terrorism series. Only subject indexes are included in the individual volumes, whereas this comprehensive index includes five different types of indexes including a subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the year of the document, and a subject-by-year index. This cumulative index volume therefore provides readers with multiple ways to conduct research within Volumes 101-120 of Terrorism: Commentary on Security Documents.
Good police officers are often promoted to supervisory positions with little or none of the training it takes to be a good manager. An understanding of group behaviors and organizational dynamics is necessary to grasp the fundamentals of managing police officers. The Effective Police Supervision Study Guide coordinates with the core text used in many college-level classes and police departments to teach supervisory practices in criminal justice. This study guide prepares both students and professionals for academic or promotional exams, offering them an opportunity to fully review the material so that they are well-prepared for testing. This new edition, like the new edition of the textbook it accompanies, includes information on the following topics: police accountability, police involvement with news media, the challenges of dealing with social media, updates on legal considerations, and ways to respond to current issues facing law enforcement with COVID-19 and managing protests.
"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Each volume carries a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 121, Nuclear Non-Proliferation Treaty, covers recent developments relating to the 2010 NPT Review Conference, primarily those pertaining to Iran and North Korea. After the 2005 Review Conference ended without a final consensus declaration due to disputes over Iran's nuclear activities, Israel's nuclear program, and implementation of the Middle East nuclear weapon-free zone, the lack of consensus in 2005 combined with continued concern over the nuclear programs of Iran and North Korea made the 2010 Review Conference a critical moment in the achievement of the NPT's goals. Kristen Boon provides introductory analysis of the key documents relating to the NPT generally and the 2010 NPT Review Conference in particular. The documents in this volume include the Final Declaration of the 2000 Conference, statements made by the key parties at the 2010 Conference, the Final Statement of the 2010 Conference, and related UN Security Council resolutions from 2009 and 2010. Professor Boon also includes renewed discussion of two critical past documents, the U.S. Nuclear Posture Review Report of April 6, 2010, and the U.S. National Security Strategy of May 27, 2010.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 122, U.N. Response to Al Qaeda-Developments Through 2011, discusses recent actions by the United Nations in response to Al-Qaeda, particularly focusing on sanctions under Security Council Resolution 1267 as well as regional responses and court challenges to 1267 sanctions. The documents introduced by Kristen Boon include the key Security Council resolutions, EU regulations, court decisions, and reports by Security Council committees and external bodies.
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process's malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.
The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.
"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America.
From the 'nothing works' maxim of the 1970s to evidence-based interventions to challenge recidivism and promote pro-social behavior, psychological therapy has played an important role in rehabilitation and risk reduction within forensic settings in recent years. And yet the typical group therapy model isn't always the appropriate path to take. In this important new book, the aims and effectiveness of individual therapies within forensic settings, both old and new, are assessed and discussed. Including contributions from authors based in the UK, North America, Europe, Australia and New Zealand, a broad range of therapies are covered, including Cognitive Behavioural Therapy, Mentalisation Based Therapy, Schema Therapy, Acceptance and Commitment Therapy and Compassion Focussed Therapy. Each chapter provides: an assessment of the evidence base for effectiveness; the adaptations required in a forensic setting; whether the therapy is aimed at recidivism or psychological change; the client or patient characteristics it is aimed at; a case study of the therapy in action. The final section of the book looks at ethical issues, the relationship between individual and group-based treatment, therapist supervision and deciding which therapies and therapists to select. This book is essential reading for probation staff, psychologists, criminal justice and liaison workers and specialist treatment staff. It will also be a valuable resource for any student of forensic or clinical psychology.
Elliot Rook QC is one of the greatest barristers of his generation. He is also a complete fraud. Elliot Rook is the epitome of a highly successful, old Etonian QC. Or so everyone believes. In fact, he is an ex-petty criminal with a past that he has spent decades keeping secret. Until now… An unidentified young woman of Middle Eastern origin has been found murdered on the outskirts of Rook's home town. Billy Barber – a violent football hooligan and white-supremacist – is accused of her murder. Barber insists that Rook must defend him. If Rook refuses, Barber will expose him, bringing crashing to the ground the life and career that Rook has spent his life building. The truth is there for the finding. But at what cost? The start of a thrilling new legal series, perfect for fans of Robert Galbraith and The Secret Barrister, written by an acclaimed QC
Women in Policing around the World is a historical, legal, political, and social examination of women in policing. The book opens with a comparison of cultural definitions of gender and how this affects women's work in general and policing specifically. The book then takes the reader through women in policing in the Eastern and Western Hemispheres, featuring several countries within the major regions of the world. Major commonalities and differences are identified in the areas of recruitment, training, deployment, promotion, and violence against women. Among the key features of this book is a balanced coverage of historical and timely events that led to the current status of women police in their respective countries. The book identifies the commonalities that women police experience throughout the world, relying on the most current research. The book also dedicates coverage of policing violence against women in society as well as within the police organization itself. The author includes tables to allow for national comparisons throughout the book, as well as current and historical photos. This book is intended for researchers and students of police culture and women in policing. It does not rely heavily on one country or region, thus allowing for an enlightening international comparison.
Juvenile Delinquency: Why Do Youths Commit Crime? focuses on why juveniles commit crime. It includes discussions on what constitutes criminal behavior by juveniles, the general theories on delinquency, and discussions that tie the theories with real life situations. The book opens the students' eyes to the fascinating concepts involving juvenile delinquency, and is designed to provide a complete study of the behavior, beliefs, conditions, and reactions to deviance by young offenders. Throughout Cliff Roberson and Elena Azaola gives students a detailed discussion of and what constitutes juvenile delinquency to allow for better understanding of this phenomenon. In each of the chapters, the authors encourage the student to develop new insights on criminal behavior of juveniles. The book makes the subject come alive by the generous use of "down to earth" examples of the issues involved in the area. While each chapter builds on the previous chapters, the book is written in a manner to reduce the necessity of memorization by students. Each chapter begins with chapter objectives that highlights key points for the student and brief chapter outlines. Each chapter closes with a practicum, chapter summary, and discussion and review questions which enhance student learning. The book closes with a glossary where student may refer to they key terms and words throughout the text.
Utilizing Foucault's genealogical method, this book traces the history and development of the victim from feudal law, arguing that the historical power of the victim to police, prosecute, and punish offenders significantly informed the development of the modern criminal law and justice system. Leading to the repositioning of the victim into the twenty-first century, this book advocates the victim as an agent of change, presenting a new perspective for the relevance of the victim in today's justice system.
This book is the first empirical study of police discretion in India. Going beyond anecdotal accounts, it addresses the issues and concerns of arrest discretion behaviour of police with analysis of available literature internationally, testing the validity in the context of police in India and explaining the gap that exists between the legislative intent and field law enforcement. It establishes how extralegal determinants like subculture, environment and situations influence arrest discretion as much as legal determinants such as statutes, rules, manuals and court rulings. It also provides vital explanations on the working of the police system in India. The volume will be of great interest to policymakers, police leaders, officers of judiciary, scholars and researchers of criminology and criminal justice, sociology and social anthropology and South Asian studies.
Statutory Nuisance: Law and Practice offers a comprehensive
resource for practitioners in the legal and environmental health
professions, guiding the reader through the complex practical and
legal issues associated with statutory nuisance. It focuses on the
problems that local authorities face in enforcing this area, as
well as the issues facing those advising defendants. This title
examines the role, powers, and duties of the local authorities, and
the problems associated with drafting abatement notices and with
the prosecution of nuisances. It also covers defenses and
proceedings brought by private individuals against neighbors and
local authority landlords.
This book examines how alcohol intoxication impacts upon the memory of rape victims and provides recommendations for how best to investigate and prosecute such rape complaints. An estimated 75% of victims are under the influence of alcohol during a sexual assault and yet there is surprisingly little guidance on conducting interviews with complainants who were alcohol-intoxicated during the attack. This book will provide a distinctive, rigorous and important contribution to knowledge by reviewing the evidence base on the effects of alcohol on memory performance. The book brings together a range of academics from various disciplines, including psychology, law and criminology, and it discusses the implications for practice based on consultation with various criminal justice practitioners, including police officers, barristers who defend and prosecute rape cases and policy makers.
For many years, Antony Duff has been one of the world's foremost
philosophers of criminal law. This volume collects essays by
leading criminal law theorists to explore the principal themes in
his work. In a response to the essays, Duff clarifies and develops
his position on central problems in criminal law theory. |
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