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Books > Law > Laws of other jurisdictions & general law > Criminal law
With a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today.
This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side - a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.
International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on the table of contents of international criminal law. It revisits the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. It analyses the role of scholars and practitioners (e.g, Arendt,Damaska, Cassese) on the conceptualisation of law and jurisprudence. Then, it assesses the goals and scope of international criminal law, including contemporary developments relating to the interplay between international and domestic jurisdiction (e.g., verticality, complementarity, gravity), the role of actors (e.g., state crime, corporations, private military companies) and crime definitions (aggression, child recruitment). This is followed by a review of key concepts of individual responsibility (e.g, joint criminal enterprise, co-perpetration, conspiracy) and procedural law (e.g., role of witnesses and victims, arrest). Geared to academics, practitioners and NGOs
This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process-investigation, prosecution, incarceration, rehabilitation-to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.
The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.
This book provides systematic comparative research of antifraud laws and context at EU countries using a Artificial Neural Network (ANN) model to predict illegal activities in ERDF and CF. It also details a map of corruption risk with the goal of reducing corruption and fraud in the management of European Regional Development Funds and Cohesion Funds through the incorporation of adequate measures and strategies derived from the resulting of EUMODFRAUD EU Project. The authors analyse the specific situations, observe the risks and finally, propose an innovative method that allows predicting fraudulent acts, which will be of interest to both academics, researchers, and policy makers in financial services, public finance, and financial crime.
In 1988, despite powerful Congressional opposition, U.S.
Attorney Rudy Giuliani brought a massive civil racketeering (RICO)
suit against the leaders of the behemoth International Brotherhood
of Teamsters (IBT) and more than two dozen Cosa Nostra (LCN)
leaders. Intending to land a fatal blow to the mafia, Giuliani
asserted that the union and organized-crime defendants had formed a
devil's pact. He charged the IBT leaders with allowing their
organized-crime cronies to use the union as a profit center in
exchange for the mobsters' political support and a share of the
spoils of corruption. On the eve of what would have been one of the
most explosive trials in organized-crime and labor history, the
Department of Justice and the Teamsters settled.
The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.
This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
The Multicultural Prison: Ethnicity, Masculinity, and Social Relations among Prisoners presents a unique sociological analysis of the daily negotiation of ethnic difference within the closed world of the male prison. At a time when issues of race, multiculture, and racialization inside the prison have been somewhat neglected, this book considers how multiple identities configure social interactions among prisoners in late modern prisoner society, whilst also recognising the significance of religion, age, masculinity, national, and local identifications. Contemporary political policies, which sees racialised incarceration together with penal expansion, has fostered the disproportionate incarceration of diverse British national, foreign, and migrant populations - all of whom are brought into close proximity within the confines of the prison. Using rich empirical material drawn from extensive qualitative research in Rochester Young Offenders' Institution and Maidstone prison, the author presents vivid prisoner accounts from both white and minority ethnic participants, describing economically and socially marginalised lives outside. In turn, these stories provide a backdrop to the inside - the interior world of the prison where ethnicity still shapes social relations but in a contingent fashion. Addressing both the negotiation and tensions inherent in conducting such research, the central discussion evolves from a frank dialogue about ethnic, faith, and masculine identities, constituted through loose solidarities based on 'postcode identities', to a more startling comprehension of such divisions as, in some cases, a means for cultural hybridity in prison cultures. More commonly, though, these divisions act as a familiar fault line, creating wary, unstable, and antagonistic relations among prisoners. Providing an arresting insight into how race is written into prison social relations, The Multicultural Prison adds a unique and outstanding voice to the challenging issues of discrimination, inequality, entitlement, and preferential treatment from the perspective of diverse groups of prisoners.
This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.
This book presents a timely analysis of the psychological influences, underpinnings, and predictors of non-consensual image-based sexual offending (NCIBSO), such as revenge pornography, cyber-flashing, deepfake media production and upskirting. In this rapidly expanding field, this book offers a novel perspective that encompasses both a forensic psychoanalytic analysis of offending behaviours and an examination of the influence of our use of online environments and digital platforms on these behaviours. The authors begin by outlining the historical and legal context before moving on to a critique of previously posited motivating factors. Rather than conceptualising NCIBSO in purely gendered terms, they demonstrate the potential for a psychological framework to facilitate a better understanding of how and why people engage in a range of non-consensual sexual image offences. In doing so it will provide fresh insights for policymakers and clinicians, in addition to scholars from across the fields of psychology, sociology, criminology, law, media and gender studies.
Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.
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.
'An intricate and brilliantly written psychiatric perspective on the most perplexing of crimes' Kerry Daynes, author of The Dark Side of the Mind 'Beautifully written and very dark' Nimco Ali OBE 'Whodunnit' doesn't matter so much, not to a forensic psychiatrist. We're more interested in the 'why'. In his twenty-six years in the field, Richard Taylor has worked on well over a hundred murder cases, with victims and perpetrators from all walks of life. In this fascinating memoir, Taylor draws on some of the most tragic, horrific and illuminating of these cases - as well as dark secrets from his own family's past - to explore some of the questions he grapples with every day: Why do people kill? Does committing a monstrous act make someone a monster? Could any of us, in the wrong circumstances, become a killer? As Taylor helps us understand what lies inside the minds of those charged with murder - both prisoners he has assessed and patients he has treated - he presents us with the most important challenge of all: how can we even begin to comprehend the darkest of human deeds, and why it is so vital that we try? The Mind of a Murderer is a fascinating exploration into the psyche of killers, as well as a unique insight into the life and mind of the doctor who treats them. For fans of Unnatural Causes, The Examined Life and All That Remains. MORE PRAISE FOR THE MIND OF A MURDERER: 'A fascinating insight into what drives criminality - and a punchy polemic against mental-health service cuts' Jake Kerridge, Sunday Telegraph 'A fascinating, well-written and compelling account of the mental state in homicide' Alisdair Williamson, TLS 'A dark, fascinating and often surprising glimpse into the minds of those who kill, from a forensic psychiatrist who's seen it all' Rob Williams, writer of BBC's The Victim 'An excellent, engaging and honest book, full of interesting, powerful and important observations' Alison Liebling, Professor of Criminology and Criminal Justice, University of Cambridge
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. |
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