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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book provides a comprehensive, student-friendly and critical introduction to youth justice in England and Wales, offering a balanced evaluation of its development, rationale, nature and evidence base. It explores the evolution of definitions and explanations of youth offending and examines the responses to it that constitute youth justice. Bringing together theory, policy and practice, this book provides a balanced exposition of contemporary youth justice debates, including detailed discussions of governmental rationales, policy developments, practical issues and an extensive evaluation of critical academic positions. It includes a range of features designed to engage and inspire students: 'Stop and think': Activities challenging students to reflect on important issues. 'Conversations': Discussions of key themes and issues from the perspectives and experiences of relevant stakeholders, including policy makers and activists. 'Telling it like it is': Testimonies giving voice to the personalised, subjective and contentious viewpoints of youth justice influencers. 'Controversies and debates': Prompts to stimulate students to question and critique established knowledge and understanding by considering alternative angles. 'Recurring theme alerts': Boxes flagging recurring themes in the developing construction of youth offending and youth justice. The new edition has been fully revised and updated and includes discussion of revised National Standards in Youth Justice, the new 'Child First' strategic objective for youth justice, the 'trauma informed practice' movement, the impact of coronavirus on children in the Youth Justice System and the continued impact of austerity on policy and practice. This book is essential reading for students taking courses in youth justice, youth offending, youth crime, youth work and social policy.
Terrorism: Commentary on Security Documents is a hardbound 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 119, Catastrophic Possibilities Threatening U.S. Security, discusses the nightmare scenario of a catastrophic attack on the United States. While the U.S. national security apparatus remains focused on the "wars" in Iraq and Afghanistan and appears to be postulating a future international security environment defined largely by threats increasingly posed by weak, failing, and failed states, astute strategists are not discounting the possibility of a catastrophic attack on the United States. In this volume, Douglas Lovelace presents a number of documents that help describe, explain, and assess the nature and severity of the threat of a catastrophic attack. Offering expert commentary for each section, Lovelace groups the documents into three categories: Catastrophic Potentialities in the International Security Environment, Countering the Proliferation of Nuclear Weapons and Nuclear Materials, and Catastrophic Cyber Attack. Documents include a Department of Defense overview of the four categories of strategic challenges, a Government Accountability Office report addressing weapons of mass destruction and the actions needed to allocate resources for counterproliferation programs, and an insightful overview of the threat of catastrophic cyber-attack by the Department of Homeland Security. The commentary and primary sources in Volume 119 will apprise researchers and practitioners of international law and national security of the perils of a catastrophic attack against the United States posed by terrorists, radicals, state failure, and humanitarian disasters.
This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most seriousâ€; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.†Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship. Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
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.
This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader's understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the 'State sovereignty' and 'Cosmopolitanism' dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history of bail, she demonstrates how it has become an oppressive tool of the courts that disadvantages minority and poor defendants and shows how we can reform bail to alleviate mass incarceration. By implementing these reforms, she argues, we can restore constitutional rights and release more defendants, while lowering crime rates.
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.
One of the most contentious and high-profile aspects of EU
competition law and policy has been the regulation of those serious
competition or antitrust violations now often referred to as 'hard
core cartels'. Such cartel activity typically involves large and
powerful corporate producers and traders operating across Europe
and beyond, and comprise practices such as price fixing, bid
rigging, market sharing, and limiting production in order to ensure
'market stability' and maintain and increase profits. There is
little disagreement now, in terms of competition theory and policy
at both international and national levels, regarding the damaging
effect of such trading practices on public and consumer interests,
and such cartels have been subject to increasing condemnation in
the legal process of regulating and protecting competition.
Why should a Spanish court take jurisdiction over an American
lawyer accused of facilitating torture on Guantanamo Bay? What
empowers a London magistrate to sign an arrest warrant for a former
Chilean President? Can it be legitimate or morally defensible for
an Israeli court to try a former Nazi whose crimes occurred outside
Israel and indeed prior to the establishment of Israel?
This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Northern Ireland, South Africa, Syria, Turkey, the USA and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups.
Volume 114 of Terrorism: Commentary on Security Documents, European Responses to Terrorist Radicalization, approaches the subject as it has been identified and addressed by the United Kingdom, the Netherlands, and Germany. The introduction to this provides background information on terrorist incidents, and evaluates the evolution of policy on radicalization. It also contains an analysis of radicalization generated by the Organization of Security and Cooperation in Europe, providing insight into trans-European cooperation efforts relating to counter-radicalization policy in Europe.
Across America today gated communities sprawl out from urban
centers, employers enforce mandatory drug testing, and schools
screen students with metal detectors. Social problems ranging from
welfare dependency to educational inequality have been
reconceptualized as crimes, with an attendant focus on assigning
fault and imposing consequences. Even before the recent terrorist
attacks, non-citizen residents had become subject to an
increasingly harsh regime of detention and deportation, and
prospective employees subjected to background checks. How and when
did our everyday world become dominated by fear, every citizen
treated as a potential criminal?
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.
This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork's authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world's most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
The book examines the international treaty regimes and the Indian laws in depth. It also looks into the landmark cases, decided by both, the domestic courts in India and the international tribunals. The book would give an understanding between the concepts of extradition in relation to terrorism-related cases. It would provide an in-depth understanding of the inter-relatedness of the various branches of International law and the municipal laws as well.
With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.
Policing the Caribbean explores the emergence of law enforcement
and security practices that extend beyond the boundaries of the
nation state. Perceptions of public safety and national sovereignty
are shifting in the face of domestic, regional and global
insecurity, and with the emergence of transnational policing
practices responding to drug trafficking and organised crime. This
book examines how security threats are prioritised and the
strategies that are put in place to respond to them, based on a
detailed empirical case study of police and security sector
organizations in the Caribbean.
When is a political trial "good" or "bad" in terms of responsible governance and fairness to individuals or groups? Professors Abel and Marsh define, evaluate, and justify the usefulness of various kinds of political trials, going back through history to answer these questions in practical terms. They point to basic assumptions and various theoretical approaches and assess specific court practices and cases, while showing real dangers and opportunities that have been part of our history. They cover cases involving the establishment and free exercise clauses of the Constitution, including privacy, religious, medical, bioethical, and health-care issues that are of major concern today. This history is important to political scientists, legal scholars, lawyers, historians, and others concerned with civil rights.
Organized crime in the twenty-first century is a knowledge war that poses an incalculable global threat to the world economy and harm to society - the economic and social costs are estimated at upwards of GBP20 billion a year for the UK alone (SOCA 2006/7). Organized Crime: Policing Illegal Business Entrepreneurialism offers a unique approach to the tackling of this area by exploring how it works through the conceptual framework of a business enterprise. Structured in three parts, the book progresses systematically through key areas and concepts integral to dealing effectively with the myriad contemporary forms of organised crime and provides insights on where, how and when to disrupt and dismantle a criminal business activity through current policing practices and policies. From the initial set up of a crime business through to the long term forecasting for growth and profitability, the authors dissect and analyse the different phases of the business enterprise and propose a 'Knowledge-Managed Policing' (KMP) approach to criminal entrepreneurialism. Combining conceptual and practical issues, this is a must-have reference for all police professionals, policing academics and government policy makers who are interested in a Strategy-led, Intelligence supported, Knowledge-Managed approach to policing illegal business entrepreneurialism.
This volume collects 17 of Douglas Husak's influential essays in
criminal law theory. The essays span Husak's original and
provocative contributions to the major topics in the field,
including the grounds of criminal liability, the significance of
culpability, the role of defences, and the justification of
punishment. The volume includes an extended introduction by the
author, drawing together the themes of his work and exploring the
goals of criminal theory.
This volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology ('Europe in prisons') which complements the conventional comparative approach ('prisons in Europe'). The chapters examine the impact - if any - that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.
This book addresses and reviews progress in a major innovative development within police work known as evidence-based policing. It involves a significant extension and strengthening of links between research and practice and is directed to the task of increasing police effectiveness in the field of community crime prevention. This volume provides an international perspective that synthesizes recent research results from the United States and other countries - including systematic reviews of large bodies of evidence - to illuminate several of the most challenging issues currently confronting police departments. It examines recent advances in research-based models of policing and the expanding base in outcome evaluation. Key areas of coverage include: Managing the nighttime economy. Supervising sex offenders. Tackling domestic/intimate partner violence. Addressing school violence and the formation of gangs. Reducing victim and witness retraction and disengagement. Responding to mental disorders, safeguarding vulnerable adults, and providing victim support. Leveraging public awareness campaigns. In addition, each chapter presents an overview of key issues within a designated area, synthesizes existing reviews, and examines the most recent research. The book clearly and concisely presents major concepts, theories, and research findings, thereby providing both conceptual and analytic tools alongside an integrated presentation of principal findings and messages. The volume concludes with a discussion of current directions in research, key developments in policing strategies, and identification of effective operational structures for facilitating and sustaining research-practice links. Evidence-Based Policing and Community Crime Prevention is a must-have resource for researchers, clinicians and other professionals, and graduate students in forensic psychology, criminology and criminal justice, public health, developmental psychology, psychotherapy and counseling, psychiatry, social work, educational policy and politics, health psychology, nursing, and behavioral therapy/rehabilitation.
Where did Miranda go wrong? The purpose of this book is to identify
and describe four problems with the implementation of the Miranda
decision and to suggest remedies in order to have it achieve its
original purpose. The four problems identified in the book are:
The new Judicial Federalism is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Barry Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His comprehensively researched and documented analysis of the state law movement covers all fifty states over the past two decades. Drawing from both legal and political science perspectives, Latzer examines recent court interpretations of state constitutions, specifically those pertaining to the criminally accused. He provides background on the development of the New Federalism, details the relationship between the U.S. Supreme Court and state courts, and analyzes all of the state constitutional provisions on the issues covered in the book. This is an important resource for professionals and students of criminal justice and law, and anyone concerned with the political-ideological tension between federal and state courts. |
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