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Books > Law > Laws of other jurisdictions & general law > Criminal law
Although stalking is an age-old phenomenon, it is only recently receiving due attention. In a span of just ten years, all fifty states have passed anti-stalking legislation. For the first time, Stalking Crimes and Victim Protection: Prevention, Intervention, Threat Assessment, and Case Management brings together in one source all the research done by professionals in various fields since 1990. It covers all the angles, from the psychological aspects of stalkers to the legal ramifications of stalking. This comprehensive work emphasizes a multidisciplinary concept and approach. It compiles and assesses studies of law enforcement, legal counsel, medical professionals, forensic mental health professionals, security personnel, and criminologists. These authors combine their academic research and clinical knowledge to provide you with helpful guidelines and suggestions in the areas of victim assistance and predatory stalking including: Intervention Prevention education Risk analysis Threat assessment Case management. Editor Joseph A. Davis, Ph.D., a nationally recognized expert in the field of public safety psychology, with a background in both psychology and law, has assembled a team of experienced professionals who have contributed to this comprehensive text, which educates, informs, and raises public awareness of this growing phenomenon. Including several case examples for study and clinical-forensic comparison, Stalking Crimes and Victim Protection will help you provide better services to victims, evaluate the mental state of the stalker, provide assessments of potential threat, and consult on security issues, case management, and safety planning.
Summary Explains in easy-to-understand terms what executives and senior managers need to know and do about the ever-changing cyber threat landscape. Gives strategic, business-focused guidance and advice relevant to C-suite executives. Provides an effective and efficient framework for managing cyber governance, risk and compliance. Explains what is required to implement an effective cyber security strategy. Description With high-profile cyber attacks, data breaches and fines for GDPR (General Data Protection Regulation) non-compliance hitting the headlines daily, businesses must protect themselves and their reputations, while reassuring stakeholders they take cyber security seriously. Cyber attacks are becoming more sophisticated and prevalent, and the cost of data breaches is soaring. In addition, new regulations and reporting requirements make cyber security a critical business issue. Board members and senior management must understand the threat landscape and the strategies they can employ to establish, implement and maintain effective cyber resilience throughout their organisation. How Cyber Security Can Protect your Business - A guide for all stakeholders provides an effective and efficient framework for managing cyber governance, risk and compliance, which organisations can adapt to meet their own risk appetite and synchronise with their people, processes and technology. It explains what is meant by governance, risk and compliance, how it applies to cyber security and what is required to implement an effective cyber security strategy. The pocket guide: Gives readers a greater understanding of cyber governance, risk and compliance; Explains what executives, senior managers and their advisors need to know and do about the ever-changing cyber threat landscape; Provides context as to why stakeholders need to be aware of and in control of their organisation's cyber risk management and cyber incident response; Gives guidance on building an appropriate and efficient governance framework that enables organisations to demonstrate their cyber approach in a non-technical, strategic, business-focused way; Details an overview process to enable risk assessment, assess existing defence mitigations and provide a framework for developing suitable controls; and Includes a checklist to help readers focus on their higher-priority cyber areas. Suitable for all managers and executives, this pocket guide will be of interest to non-cyber specialists, including non-executive directors, who may be required to review cyber arrangements. For cyber specialists, it provides an approach for explaining cyber issues in non-jargonistic, business-based language. Kick-start your journey to becoming cyber secure - buy this pocket guide today!
In this era of ever more complex policing issues and the changing nature of policing itself, senior police officers face a never-ending challenge to keep up not only with the latest reforms, but also with the latest research. Police Leadership: Rising to the Top looks at policing from the dual perspectives of academics and senior police practitioners, and creates a conversation between them about the issues, reforms, and research. It provides authoritative surveys of fields such as leadership, community engagement, change management, utilising policing research, and multi-agency working. Each leadership issue is allocated a chapter, with academic contributors presenting key ideas and concepts in their area of expertise, identifying leading contributions and research studies, and offering concise reviews of some of the most important literature in policing scholarship. This academic knowledge is juxtaposed with the views of senior police practitioners, who provide their own local knowledge and stories, reflecting on their achievements and challenges in leadership roles. Taken together, these discussions build bridges between the two worlds by encouraging 'shared reflections' that consider the importance of theory and practice for future leaders.
This collection examines contemporary challenges to the criminal justice system in England and Wales. The chapters, written by established academics, rising stars and practising lawyers, seek not only to highlight these challenges but to offer solutions. The book examines issues with legal assistance in the police station, concerns relating to juror decision making and problems in and presented by both virtual hearings and the advent of the Single Justice Procedure Notice. The work also examines challenges surrounding vulnerability in the criminal justice system. Here, diversity includes vulnerability in the criminal trial, neurodivergence as well as issues with diversity and marginalisation in the criminal justice system as a whole. The book also discusses matters centred around sexual offending - including the attrition rate in rape cases as well as the recent development of 'vigilante' paedophile hunters and their acceptance as a viable limb of the criminal justice system. Finally, the volume looks at the post-conviction stage and examines recent prison policy through the lens of the human rights of the prisoner. The closing chapter examines the independence of the Criminal Cases Review Commission and highlights how recent changes have undermined this. While focused on England and Wales, the topics discussed are of wider international significance and will be of interest to students, academics and policy-makers.
This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was - or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact 'safeguards' like corroboration and closed court rules had on the outcome of many cases and the extent to which fear - of children, of lies (or the truth) and of reform - influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same'.
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.
The state's use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law's burdens only fall on those who are blameworthy for their conduct. However, the formal concept of 'blameworthiness' needs to be made substantive. This puts various ideas regarding the criminal law's person at the heart of debates about blame, guilt, and responsibility. How is the criminal law's person constructed, by whom, and with what disciplinary norms? How is it threatened by new 'knowledge', and how do those threats play out amongst the various stakeholders who claim the criminal law's person as 'theirs'? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law's person from a range of disciplinary perspectives.
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.
Unlike other introductions to Criminology on the market, this is the only one written specifically for students taking Professional Policing. Covering the application of theory and research to practice, it is filled with practical examples and case studies throughout. The book is aligned to the requirements of the PEQF framework for police officers, but also encourages critical thinking throughout. This book has a secondary market as an alternative textbook or supplementary for the range of courses on policing, as part of a Criminology degree, or for more applied Criminology courses.
The legal regulation of gender and sexuality has undergone dramatic changes throughout Europe in the last 40 years and this has shaped what it means to be a European citizen. Drawing on a range of interdisciplinary research, this book uses the discourses around current European sexual politics as an entry point to interrogate how, and with what effect, the EU and its Member States harness issues of gender and sexuality to support issues of higher political importance. It takes recent and ongoing political debates and legislative changes around prostitution and sexual assault as a focus. Using four national case studies: Poland, Germany, Sweden and Italy it illuminates how the EU's desire for increased harmonisation across the Union around gender and sexuality norms and values operates differently and with specific effects across Member States. The book's structure provides a detailed map of how and why contemporary European sexual politics is changing, and how this contributes to establishing European norms and values in developments in law and policy around prostitution and sexual assault. By examining how and why the EU and its Member States implement their policies in these two policy areas we can begin to illuminate how contemporary European sexual politics serve some groups' interests while marginalizing 'Others'.
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
The idea that the expression of radical beliefs is a predictor to future acts of political violence has been a central tenet of counter-extremism over the last two decades. Not only has this imposed a duty upon doctors, lecturers and teachers to inform on the radical beliefs of their patients and students but, as this book argues, it is also a fundamentally flawed concept. Informed by his own experience with the UK's Prevent programme while teaching in a Muslim community, Rob Faure Walker explores the linguistic emergence of 'extremism' in political discourse and the potentially damaging generative effect of this language. Taking a new approach which combines critical discourse analysis with critical realism, this book shows how the fear of being labelled as an 'extremist' has resulted in counter-terrorism strategies which actually undermine moderating mechanisms in a democracy. Analysing the generative mechanisms by which the language of counter-extremism might actually promote violence, Faure Walker explains how understanding the potentially oppressive properties of language can help us transcend them. The result is an imminent critique of the most pernicious aspects of the global War on Terror, those that are embedded in our everyday language and political discourse. Drawing on the author's own successful lobbying activities against counter-extremism, this book presents a model for how discourse analysis and critical realism can and should engage with the political and how this will affect meaningful change.
Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims' satisfaction in the criminal justice system. The Republic of Ireland has seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this book is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated. The book discusses the historical and theoretical concern for crime victims in the criminal justice system, examins the variety of forms of legal and service provision inclusion, amd concludes by analysing the various needs of victims which continue to be unmet. -- .
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.
An evidence-based roadmap for how the American criminal justice system can be reformed This important volume brings together today's leading criminal justice scholars and practitioners to offer a roadmap for those who want to change the face of the American criminal justice system. This collection of essays addresses thirteen significant issues in justice reform, starting from a suspect's first interaction with the police and continuing to gun violence, prosecutorial innovation, sentencing reform, eliminating bail, recidivism and re-entry, collateral consequences of crime, and eliminating false convictions. A common theme emerges in this volume: the American criminal justice system is riddled with weaknesses that cause harm and require greater accountability. Each chapter is both educational and prescriptive, helping readers to understand the problems that plague the criminal justice system, how those problems can be addressed, and who should take responsibility for them. Part scholarly research, part account of the justice system's workings and failings, and part agenda for action, Transforming Criminal Justice aims to educate and move readers to effect change.
This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.
How often our actions go awry because our perceptions are at odds
with reality! This book examines the legal issues that arise when
we seek to avoid the untoward consequences of an action by claiming
that our perception was flawed. We all make mistakes. Some have
unfortunate consequences: we might overpay a debt or make an
unfavourable contract, or we might be sued or accused of a crime as
a result of our mistake.
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.
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.
Details a new social interaction theory and teaches judges, attorneys, advocates, and academics how to apply it in a trial setting. Battering relationships often escalate to a point where the battered woman commits homicide. When such homicides occur, attention is usually focused on the final violent encounter; however, Ogle and Jacobs argue, while that act is the last homicidal encounter, it is not the only one. This important study argues that the battering relationship is properly understood as a long-term homicidal process that, if played out to the point that contrition dissipates, is very likely to result in the death of one of the parties. In that context, Ogle and Jacobs posit a social interaction perspective for understanding the situational, cultural, social, and structural forces that work toward maintaining the battering relationship and escalating it to a homicidal end. This book details this theory and explains how to apply it in a trial setting. Elements of self-defense law are problematic for battered women who kill their abusers. These include imminence, reasonableness of the victim's perception of danger, and reasonableness of the victim's choice of lethal violence and their proportionality. Social interaction theory argues that, once contrition dissipates, imminence is constant. The victim functions in an unending state of extreme tension and fear. This allows us to understand the victim's view of the violence as escalating beyond control, thereby increasing her reasonable perception of danger and lethality. After social resources, for whatever reason, fail to end the violence, it is then reasonable for the victim to conclude that she will have to act in her own defense in order to survive.
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.
Introduction to Criminal Justice provides students with a comprehensive overview of four key, topical areas within criminal justice: the law, the police, the courts, and corrections. In Unit I, The Law, students read articles that examine the purpose of the law in general, as well as the specific purposes of criminal law, and also address the complex question of "What is crime?" Unit II features readings that focus on law enforcement in America, police operations, and police discretion. Students consider the unique roles of police officers and how their professional responsibilities often conflict with each other, sometimes resulting in conflict and tension within the communities they are meant to serve. In Unit III, The Courts, students are presented with an overview of the U.S. court system; the qualifications, roles, and responsibilities of key decision-makers in criminal courts; and the sentencing of convicted offenders. The final unit explains how the theories, purposes, and techniques of punishment have changed over the centuries and explores the state of corrections in modern-day practice. Designed to provide students with an invaluable knowledge base in the discipline, Introduction to Criminal Justice is an ideal textbook for foundational courses and programs in criminal justice. |
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