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Books > Law > Laws of other jurisdictions & general law > Criminal law
This insightful book provides a unified repository of information
on jihadist terrorism. Offering an integrated treatment of
terrorist groups, zones of armed conflict and counter-terrorism
responses from liberal democratic states, it presents fresh
empirical perspectives on the origins and progression of conflict,
and contemporary global measures to combat terrorist activity.
Bringing together a multi-disciplinary team of scholars and
professionals, the book examines the growth and activities of four
key terrorist organizations: Al Qaeda, Islamic State, Hamas and
Lashkar-e-Taiba. It discusses their theologies, motivations and the
threat that they pose to liberal democracies through terrorist
attacks. Chapters contain perspectives and case studies on zones of
armed conflict in which terrorist organizations are being fought
directly in Afghanistan, Iraq, Syria and Israel/Palestine,
evaluating the historic roots of these conflicts and their
evolution over time. It also examines national efforts in the US,
the UK, France, India and Israel in combating terrorism,
considering the preventative measures and activities of
intelligence and security agencies through personal interviews
conducted with service and retired professionals. Based on crucial
empirical investigations conducted by intelligence professionals,
scholars, research specialists and journalists, this is critical
reading for researchers and advanced students in terrorism studies,
international studies and conflict resolution, as well as those
studying political science more broadly. It will also benefit
policymakers and intelligence and law enforcement specialists in
need of a comparative study of contemporary counter-terrorism
responses.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This insightful and highly readable Advanced Introduction
provides a succinct, yet comprehensive, overview of legal
reasoning, covering both reasoning from canonical texts and legal
decision-making in the absence of rules. Overall, it argues that
there are only two methods by which judges decide legal disputes:
deductive reasoning from rules and unconstrained moral, practical,
and empirical reasoning. discussion and analysis of the
interpretive methods used in legal decision-making guidance for the
reader through the debates on analogical reasoning and construction
of legal principles a defense of intention-based interpretation of
legal rules and natural reasoning in law. This Advanced
Introduction will be an invaluable resource for students looking
for an overview of the subject. It will also be useful for legal
practitioners, scholars, and judges.
This insightful book provides an analysis of the central ethical
issues that have arisen in combatting global terrorism and, in
particular, jihadist terrorist groups, notably Al Qaeda, Islamic
State and their affiliates. Chapters explore the theoretical
problems that arise in relation to terrorism, such as the
definition of terrorism and the concept of collective
responsibility, and consider specific ethical issues in
counter-terrorism. The book discusses a range of key topics
including targeted killing, enhanced interrogation of terrorists,
preventive detention, freedom of expression and terrorist content
on social media, bulk metadata collection and responding to
terrorist attacks that use weapons of mass destruction. It also
explores ethical issues that have often been neglected, such as
psychological warfare and stings. Taking a practical approach, the
book offers recommendations for resolving these ethical problems in
counter-terrorism. Integrating philosophical and legal analysis
with empirical evidence, this book will be critical reading for
scholars and students of human rights, international relations and
terrorism and security law. Its use of specific examples of
terrorist organisations, tactics and outcomes will also be valuable
for policy-makers in the field.
Making a timely contribution to the legal literature, this
important book discusses an under-analysed issue of great
importance to international peace and security. It provides a
comprehensive overview and analysis of the prevention of nuclear
terrorism specifically through an international (arms control) law
lens. Jonathan Herbach sets out a basis for better understanding
how the international legal framework for nuclear security is
structured and why it is structured that way, and offers a critical
analysis of the component instruments that make up the framework.
He highlights the strengths and analyzes possible gaps and
weaknesses of these instruments and the legal framework as a whole,
as well as explaining the framework's key characteristics,
approaches and rationale. As nuclear security is by no means a
static topic, with changing circumstances a defining feature of the
area, the book also offers ideas for the path forward and
conceptualizes ways to further strengthen the nuclear security
legal framework. Offering a fresh perspective on the prevention of
nuclear terrorism, this book will benefit academics and students of
public international law, counter-terrorism and conflict and
security law. It will also be a useful resource for governmental
legal advisors, think-tanks and diplomats to inform their work on
means and mechanisms to help strengthen the global nuclear security
regime and to provide guidance for decision-making.
John Rebus stands accused: on trial for a crime that could put him
behind bars for the rest of his life. Although it's not the first
time the legendary detective has taken the law into his own hands,
it might be the last. What drove a good man to cross the line? Or
have times changed, and the rules with them? Detective Inspector
Siobhan Clarke faces Edinburgh's most explosive case in years, as a
corrupt cop goes missing after claiming to harbour secrets that
could sink the city's police force. But in this investigation, it
seems all roads lead to Rebus - and Clarke's twin loyalties to the
public and the police will be tested to their limit. A reckoning is
coming - and John Rebus may be hearing the call for last orders...
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. In this Advanced Introduction, Christopher Slobogin covers
every significant aspect of U.S. criminal procedure. Focusing on
Supreme Court cases and the most important statutory rules that
provide the framework for the criminal justice system, he
illuminates the nuances of American criminal procedure doctrine and
offers factual examples of how it is applied. Chapters cover police
practices such as search and seizure, interrogation, and
identification procedures, as well as the pretrial, trial and
post-conviction process. Key features include: A clear and engaging
writing style, with key terms defined and relevant examples
provided An examination of the competing goals and values that have
influenced doctrine Coverage of all key Supreme Court cases as well
as important federal and state statutes and rules Empirical studies
examining the realities of the criminal process A logical flow
design in each chapter to facilitate analysis of every significant
criminal procedure issue This Advanced Introduction will be
invaluable reading for all students of U.S. law and undergraduate
students of constitutional criminal procedure. It will also be
useful to those in disciplines such as criminology, public policy,
and political science, as well as to policy makers who are looking
for an overview of the topic.
This book presents a short history and timeline of criminal
procedure legislation in China. First, it addresses the status of
Human Rights Conventions and the challenges resulting from human
rights standards for Chinese criminal procedural law and practice.
The discussion then moves on to explore the fundaments of Chinese
criminal procedure such as the applicable law found in the Chinese
CPL (Criminal Procedure Law) and legal institutions. The book
covers relevant actors in the Chinese Criminal Justice System (ie
judges, prosecutors, police, defence councils) as well as the
relationships between them. It also includes topics relating to the
victims of crime and their role in criminal proceedings. Starting
with pre-trial investigations (extending in particular to coercive
measures and discretionary powers in the implementation of
non-prosecution policies) the book continues as a guide through the
basic principles of criminal trial, standards of evidence and rules
related to conviction. Appeals and the issue of reopening criminal
proceedings are also considered, with the book making particular
reference to a number of special procedures (including juvenile
delinquency) in the closing chapter.
This book investigates the law's approach to suicide in England and
Wales. It explores the seismic shift in perceptions of the law's
role in respect of suicide from imprisonment as a punishment for
attempting suicide, to courts hearing arguments about whether there
is not only a right to suicide but also a right to assistance in
suicide. This development stands alongside a global recognition of
suicide prevention as a public health priority. In this book, the
dual priorities of respect for autonomy and the protection of human
life are recognised as equally important and the legal issues
surrounding suicide in a range of different contemporary contexts,
including suicide in prison and juvenile suicide, are considered.
The book also investigates what the relationship between mental
health and suicide means for its legal regulation, and evaluates
the enduring legal offence of assisted suicide, particularly in the
context of the terminally ill. It is argued that a more refined
approach to the topic of voluntary death should be recognised in
the law; one that distinguishes more clearly between autonomous
decision-making about the end of life, and incapacitated
self-caused risks to life that require effective preventative
interventions.
In the post-9/11 era, the nexus between organized crime and
terrorism has raised much concern and has been widely discussed in
both academic and policy circles, but is still largely
misunderstood. This critical book contributes innovatively to the
debate by distinguishing three types of nexus-interaction,
transformation/imitation and similarities-and identifying the
promoting factors of each type. With its multifaceted but
complementary chapters, the book provides conceptual and
theoretical frameworks for readers, as well as the evidence needed
to develop more realistic, effective and humane policies to tackle
organized crime, terrorism and the nexuses between them. Bringing
together a range of international multidisciplinary specialists, it
includes three comparative analyses of worldwide transfers of
personnel, weapons and money between organized crime and terrorism
and 12 case studies examining local manifestations of the nexus in
Africa, Asia, Europe and the Americas. Two other chapters further
review the national, European and international policies adopted
and implemented so far to deal with the different nexuses. This
book will be a valuable resource for researchers and policymakers
in the fields of comparative law, criminal law and justice and
public policy, who specialize in the analysis and control of
organized crime and terrorism. It will also appeal to senior law
enforcement officials and practitioners due to the counterintuitive
policy implications drawn from the comparative analysis of the
findings.
Across the world, mass graves, often containing a multitude of
human remains, are sites of human loss, suffering and unimaginable
acts of cruelty. While no one mass grave or its investigation is
the same, all mass graves contain evidence that is essential to the
realisation of justice and accountability goals for victims,
affected communities, states in transition and the international
community. This book tactfully examines this sensitive topic,
demonstrating how mass grave investigations can be highly complex,
context-specific, lengthy and expensive processes, requiring
significant planning, coordination, expertise and resources. The
book analyses the various processes involved in mass grave
investigation from a number of disciplinary perspectives and a
variety of geographical, cultural and political contexts, including
Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert
contributions from voices in the fields of forensic sciences,
advocacy and the judiciary, along with world-leading international
legal expertise on mass graves, their protection and investigation.
This timely book will be an ideal resource for practitioners and
academics in the fields of international criminal law,
international human rights law, international humanitarian law and
transitional justice. Students interested in forensic archaeology,
anthropology, fact-finding and human rights investigations will
also find this a stimulating read.
This book discusses the intense practical and theoretical
challenges of forensic science evidence and the pivotal role it
plays in modern criminal proceedings. A global team of prominent
scholars and practitioners explores the contemporary challenges of
forensic science evidence and expert witness testimony from a
variety of theoretical, practical and jurisdictional perspectives.
Both the methodological integrity and the reliability of forensic
science have been questioned in recent official reports and
inquiries. The wide-ranging contributions to this book offer
thorough and far-reaching explorations of the institutional
organisation of forensic science, its epistemological and
methodological foundations, and its procedural regulation,
applications and evaluation in jurisdictions across Europe and
beyond. The development and reform of expert evidence law and
procedural regulation are reconsidered from a range of legal and
scientific perspectives. Brimming with comparative and
interdisciplinary insight, this book also explores the
transnational dimensions of contemporary forensic science,
assessing its value and appropriate uses as expert evidence in
criminal investigations, prosecutions and trials. This contemporary
book will be essential reading for scholars, advanced students,
practitioners and policymakers concerned with the role of forensic
science in the administration of criminal justice. Contributors
include: S. Carr, E. Cunliffe, G. Edmond, S. Farrar, A. Gallop, R.
Graham, L. Heffernan, E.J. Imwinkelried, A. Jackson, A.C.
McCartney, M.M. Muhamad, E. Piasecki, P. Roberts, M. Stockdale, G.
Tully, J. Vuille, T. Ward, T.J. Wilson
In the current scenario of Forensic Science and Criminal
Investigation, experts are facing many challenges due to huge
amounts of data, tiny pieces of evidence in the chaotic and complex
environment, traditional laboratory structures and sometimes
insufficient knowledge which may lead to failure of investigation
or miscarriage of justice. Artificial Intelligence and imaging
technologies are the promising solutions to address these
challenges with case based reasoning for errorless, objective and
reproducible results in various fields of forensics. This book will
not only provide a platform for researchers to present state of the
art technologies, but will be a reference for law enforcement to
use for crime investigation along with researchers in the field .
The boundaries between core crimes and transnational crimes are
blurring. Should prosecution and trial of transnational crimes be
transferred from national to international jurisdictions? Or should
criminal law repression in respect of such crimes remain the
prerogative of the state? Cutting edge contributions to this book
demonstrate that there is no ?one-size-fits-all? answer to these
questions. Addressing the distinctions and commonalities of
transnational and international crimes, eminent contributors
discuss the implications of this relationship in the realm of law
enforcement. This book critically reflects on the connection
between ?core crimes? of the International Criminal Court
including; war crimes, crimes against humanity, genocide,
aggression, and several newly emerging transnational crimes. In
view of this gradual merger of the categories, one of the major
questions is whether the distinction in legal regime is still
warranted. Significantly, the human rights consequences of
transnational criminal law enforcement are brought to attention in
this timely study. Academics and students of law, officials, policy
makers and practicing criminal lawyers, will all greatly benefit
from the crucial insight into the future of handling transnational
crime. Contributors include: I. Bantekas, M. Bo, N. Boister, H.
Bosdriesz, I. Braber, N. Bussolati, A. Chehtman, M.L. Ferioli, S.
Gless, C. Jalloh, G. Nessi, H. Olasolo, C. Paulussen, H. van der
Wilt, D. van Leeuwen, S. Wirken
The first book of legal advice for the hip hop generation, Covering
areas ranging from how to secure the best public defender to what
to do when driving DWB, this is a step-by-step guide to the
criminal system for those who need it most written by a criminal
defense attorney who knows this world from the inside out. A
counterpoint to the Law and Order justice the public sees and
believes in. This is the real criminal justice system, as told from
someone inside, someone fights it ever day. This is not a manual
for how to get off, how to be a better criminal. It is proof that
the system will eat you up and spit you out if you dare to become
involved or think you can beat it. Raw Law authoritatively
addresses the legal issues faced by the hip hop generation, and
offers a simple guide on how to avoid certain situations and how to
learn and respond to others. Here readers will learn the truths and
untruths of the justice system and how they can protect themselves
from the worst of it. But most of all, they will learn how to
follow the first rule of the criminal justice system: AVOID IT AT
ALL COSTS.
The phenomenal growth of penal confinement in the United States in
the last quarter of the twentieth century is still a public policy
mystery. While there is unanimous condemnation of the practice,
there is no consensus on the causes nor any persuasive analysis of
what is likely to happen in the coming decades. In The Insidious
Momentum of American Mass Incarceration, Franklin E. Zimring seeks
a comprehensive understanding of when, how, and why the United
States became the world leader in incarceration to further
determine how the use of confinement can realistically be reduced.
To do this, Zimring first profiles the growth of imprisonment after
1970, emphasizing the important roles of both the federal system
and the distribution of power and fiscal responsibility among the
levels of government in American states. He also examines the
changes in law enforcement, prosecution and criminal sentencing
that ignited the 400% increase in rates of imprisonment in the
single generation after 1975. Finally, Zimring then proposes a
range of strategies that can reduce prison population and promote
rational policies of criminal punishment. Arguing that the most
powerful enemy to reducing excess incarceration is simply the
mundane features of state and local government, such as elections
of prosecutors and state support for prison budgets, this book
challenges the convential ways we consider the issue of mass
incarceration in the United States and how we can combat the rising
numbers.
This insightful book critically explores the political,
constitutional, legal, and economic challenges of effectively
combating the laundering of the proceeds of crime by politically
exposed persons (PEPs) in Africa. Professor John Hatchard draws on
numerous recent examples from Africa and beyond, arguing that a
three-pronged approach is required to address the issues
surrounding money laundering by PEPs; there must be action at the
national, transnational, and corporate levels. Taking a
forward-thinking perspective, he reviews the strategies which would
make this approach effective and offers suggestions for their
further enhancement. Professor Hatchard also provides an in-depth
analysis of the different money laundering techniques used in
African countries and suggests how constitutions, financial
intelligence units, asset recovery mechanisms, and the African
Court of Justice and Human Rights can be utilised to tackle the
problem. The book concludes that while challenges remain, there is
cause for optimism that money laundering by African PEPs can be
addressed successfully. This book will be of interest to academics
and students of law, particularly those focusing on financial law,
corruption, and economic crime. Containing a wealth of practical
case studies, it will also be beneficial for legal practitioners,
policymakers, public officials, and civil society organisations.
This book looks at the interplay between criminal and other
branches of public law pursuing similar objectives (referred to as
'quasi-criminal law'). The need for clarifying the concepts and the
interlink between criminal and quasi-criminal enforcement is a
topic attracting a lot of discussion and debate both in academia
and practice across Europe (and beyond). This volume adds to this
debate by bringing to light the substantive and procedural problems
stemming from the current parallel or dual use of the different
enforcement systems. The collection draws on expertise from
academia, practice and policy; its high-quality analysis will
appeal to scholars, practitioners and policymakers alike.
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