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Books > Law > Laws of other jurisdictions & general law > Criminal law
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.
The gripping new thriller in the brilliant Constance Fairchild series, from one of Scotland's foremost crime writers. On compassionate leave following the death of her mother, Detective Constable Constance Fairchild thought renting a cottage near Aberystwyth, Wales would get her far enough from London to finally relax. But trouble always seems to find Con, and it's not long before she is cooling off in a police station cell after defending herself from two would-be rapists. In custody she meets a young Ukrainian woman, Lila, who confides in Con that she's been forced by her manipulative boyfriend into prostitution and running drugs. Fearing for her life, she has run away from him, only to end up in the cells. Con offers to help, but when her cottage is ransacked, and Lila subsequently disappears, she realises she's stumbled into very dangerous company. International drug smugglers and ruthless people traffickers - those who will stop at nothing to protect their secrets. Out here at the end of the line, will Con find that there's nowhere left to run? Praise for James Oswald: 'The new Ian Rankin' Daily Record 'Creepy, gritty and gruesome' Sunday Mirror 'Crime fiction's next big thing' Sunday Telegraph
With expert evidence used more and more often in criminal jury cases, evaluation of its admissibility and presentation is being increasingly thrust into the spotlight. However, jury room secrecy has long prevented a rigorous analysis of its complexities. Expert Evidence and Criminal Jury Trials draws on an unprecedented study carried out in Commonwealth jurisdictions which have recently granted access to jurors, offering a unique exploration of the presentation and comprehension of expert evidence in criminal jury trials and a critical perspective on parallel UK processes. The authors combine empirical research conducted in the courtroom with expert academic analysis, examining, analysing, and comparing the views of not only real jurors, but also courtroom lawyers, judges, and experts across over 50 trials to gauge how complex and sometimes conflicting expert evidence is perceived and understood by all parties. Examples of modern technologies used in expert evidence, including DNA analysis and facial and body-mapping, are considered, and discussion of the challenges they pose covers not only issues of procedure and approach, but also perceptual issues and those of cognitive evaluation. This innovative study aims to facilitate a broader understanding of the use of expert evidence, what problems exist with it, and how such problems influence the communication of information to jurors. While the survey that informs the book relates to criminal trials in three Australian jurisdictions, the legal and psychological issues explored transcend national boundaries, allowing this book to fill a gap in the market for a practical discussion of expert evidence and its use that will be relevant to practitioners in any jurisdiction which utilises an adversarial trial system or juries in criminal trials.
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? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
It is unique in that it is designed and intended to be used to facilitate discussion and to disseminate awareness within real life settings - for example, in a staff room for Inset Days, or for social workers in their team meetings. This workbook has been written for anyone to be able to facilitate a session with colleagues, which takes between 1-3 hours depending on the facilitator and group's needs. The introduction details how to use the book and how to facilitate a training session using the material, including being aware of how people could be triggered by looking at this difficult subject. Will be of interest to all professionals who have a mandatory responsibility to report FGM cases such as qualified teachers, social workers, and health care professionals (nurses, midwives and health visitors particularly).
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.
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.
Stratified Policing seeks to facilitate organizational change for crime reduction by providing a clear and adaptable structure for analysis, problem solving, and accountability. The purpose of this book is to outline the theoretical and practical foundations of Stratified Policing as well as its components and specific guidance for police departments to tailor the approach and implement it into their day-to-day operational crime reduction efforts. The material is well grounded in theory, research, and best practices and well cited; however, the presentation and language will be suited for the practitioner/professional audience. The book is a culmination of the authors 15 years of work and will synthesize their research, other publications on Stratified Policing, and provide new material for police leaders and professionals who are seeking an organizational structure to institutionalize crime reduction strategies into their day to day operations. The book has a very practical voice as both authors have been practitioners and have worked with many police agencies implementing and evaluating the strategies discussed in the book.
Archives, Recordkeeping, and Social Justice expands the burgeoning literature on archival social justice and impact. Illuminating how diverse factors shape the relationship between archives, recordkeeping systems, and recordkeepers, this book depicts struggles for different social justice objectives. Discussions and debates about social justice are playing out across many disciplines, fields of practice, societal sectors, and governments, and yet one dimension cross-cutting these actors and engagement spaces has remained unexplored: the role of recordkeeping and archiving. To clarify and elaborate this connection, this volume provides a rigorous account of the engagement of archives and records-and their keepers-in struggles for social justice. Drawing upon multidisciplinary praxis and scholarship, contributors to the volume examine social justice from historical and contemporary perspectives and promote impact methodologies that align with culturally responsive, democratic, Indigenous, and transformative assessment. Underscoring the multiplicity of transformative social justice impacts influenced by recordmaking, recordkeeping, and archiving, the book presents nine case studies from around the world that link the past to the present and offer pathways towards a more just future. Archives, Recordkeeping, and Social Justice will be an essential reading for researchers and students engaged in the study of archives, truth and reconciliation processes, social justice, and human rights. It should also be of great interest to archivists, records managers, and information professionals.
This book is based on a case study about Stella, l'amie de Maimie a Montreal sex workers' rights organization, founded by and for sex workers. It explores how a group of ostracized female-identified sex workers transformed themselves into a collective to promote the health and well-being of women working in the sex industry. Weighed down by the old and tenacious whore symbol, the sex workers at Stella had to find a way to navigate the criminality of sex work and sex workers, in order to do advocacy and support work, and create safer spaces for sex workers to engage in such advocacy. This book focuses on sex workers, but the advocacy challenges and strategies it outlines can also apply to the lives of other marginalized groups who are often ignored, pitied, or reviled, but who are seldom seen as fully human.
1. While previous books have offered social work perspectives or research on the victims of such crimes, this is the first to offer a criminological typology of the offenders. 2. This book connects academic research to practice, considering the implications for law enforcement, investigation and prevention.
Behavioural skills are essential to effective policing practice and professional development, and are also embedded within the policing competency frameworks. As the police service looks to further redefine its role in the twenty-first century, this critical handbook covers the full range of these proficiencies, from building rapport, applying emotional intelligence, building empathy and resilience to diversity and difference, understanding ethics, and developing coaching and leadership skills. Each chapter is written by a distinguished serving or former senior police leader and/or policing scholar, bringing together a wealth of experience and understanding and applying this knowledge in context through key case studies and examples. Suitable for serving police officers at all levels, as well as policing lecturers and students aspiring to join the police, this book encourages and enables a people-centred approach to policing that balances the debate that has given disproportionate credence to transactional skills at the expense of a more transformational approach.
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.
'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.
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.
1. While we publish several books on the history of crime and criminal justice, this is the first book to set the agenda for an historically informed criminology. 2. This book has a dual market across criminology and history. 3. This book will be key reading for courses on the history of crime and criminal justice, and theories and concepts in criminology.
* Provides nearly 300 full-color illustrations of both common and unique taphonomic affects to bones, derived from actual forensic cases * Presents new research including experimentation on recovery rates during surface search, timing of marine alterations; trophy skulls; taphonomic laboratory and field methods; laws regarding the relative timing of taphonomic effects; reptile taphonomy; human decomposition; and microscopic alterations by invertebrates to bones * Explains and illustrates common taphonomic effects and clarifies standard terminology for uniformity and usage within in the field.
Investigating Sexual Assault Cases, Second Edition serves as an essential textbook for courses in investigating rape and sexual assault. As with the first edition, this second edition includes the latest research and techniques in coverage of victimology, offender typology, investigative techniques, interviewing, and legal implications. This new, second edition includes chapters on child victims and molestation, sexual homicides as potentially staged events, grooming, interviewing techniques, and same-sex, elder, and special populations as victims of sexual assault. The book fills a current void in the body of literature on the topics of rape and sex crime investigation. Many previous writings, while informative, do not address all the investigative processes necessary for an investigation to be thorough and complete. By providing a fresh approach to the topic, the author aims to augment those writings and, ultimately, improving the reader' awareness by being much more attuned to the needs of-and taking investigative cures from-the victim. Key Features: Outlines the complete investigative process for sexual assault cases, from evidence collection and interviews to court and legal proceedings Addresses victims and victimology, offender typology, the importance of the investigative interviewing process, and working with attorneys Includes new chapters on grooming, sexual homicides, SAFE examinations, and child-specific interviewing techniques Added coverage looks at same-sex crimes, crimes against men, elder victims, and assault of vulnerable populations In addition to being used in coursework in Forensic Science and Criminal justice programs, Investigating Sexual Assault Cases, Second Edition will serve as an essential reference for police detectives, criminal and death investigators, legal professionals, sexual assault nurses, and those who provide health, and mental health, services to populations experiencing sexual assault.
This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process's malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.
In this important book, two knowledgeable and perceptive observers offer a damning indictment of British criminal justice. McConville and Marsh repeatedly skewer the pious pronouncements of panglossian judges with down-to-earth views of the assembly line. They describe a world of state-induced guilty pleas in which defendants are subjected to extraordinary pressure to 'freely' and 'voluntarily' bring about their own convictions, and they explain how this world came into being. These authors tell it like it is.' - Albert W. Alschuler,The University of Chicago, US'McConville and Marsh mount a powerful attack on the institutions of criminal justice: they examine a range of practices known as 'plea-bargaining' in the broader context of policing and the work of the CPS, defence solicitors and the Bar. Their detailed and historically-grounded study challenges the role of the courts in developing and refining the procedural framework for the guilty plea discount, and raises questions about the claim of the judiciary to be guardians of the right to a fair trial. A disturbing book for criminal justice.' - Andrew Ashworth, University of Oxford, UK 'This is no ordinary esoteric lawyers textbook. It is a hard hitting, trenchant analysis of a system that has been seriously eroded and undermined over the course of my 46 years of practice in the criminal justice arena. Basic principles and protections have been ditched or watered down to accommodate the exigencies of political and economic dogma. Every citizen who stands by the need for due process, and the rule of law as mainstays of any democratic system, must read this carefully researched and well argued work.' - Michael Mansfield QC 'A timely and sobering account of the realities of criminal justice. McConville and Marsh provide an important and informed critique of the manner in which the 'adversary ideal' and the principles on which the fairness of the criminal justice system is traditionally understood to rest are routinely and systematically undermined in practice.' - Sarah Summers, The University of Zurich, Switzerland This provocative and powerful book provides a critical review of Britain's criminal justice process through its practices, culture and traditions, revealing a landscape in ruins under the dominance of State-induced Guilty Pleas. Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examining existing legal structures and court practices through the lens of what used to be called plea bargaining the authors provide a graphic picture of why case disposals through enforced guilty pleas promote injustice, feed discrimination and skew the judicial function. This is the most comprehensive examination to date of case disposition methods in England, Wales and Scotland., underpinned by a new socio-legal theory on the criminal process. Criminal Judges is sure to provoke debate on the forces which drive the criminal justice process and will therefore be of great interest to all those concerned about the future of criminal justice policies and practices. It will appeal to academics, researchers, policy advisors and practitioners of criminal law. Contents: 1. Criminal Justice: System, Process and Legitimacy 2. Helping the Police with their Inquiries 3. State-Induced Guilty Pleas and Legitimacy 4. Lowering the Bar 5. Institutional Distress: the State 6. Institutional Distress: the Defence 7. Scotland: Coercion and Discourse 8. Conclusion Bibliography Index
* The Mental Models construction creates a simple framework that can be easily retrieved from memory and applied to policing problems * Designed to accompany the lessons of the American Society of Evidence-Based Policing's curriculum to teach practitioners, researchers, and academics the necessary skills to identify, interpret, integrate, and produce research to inform police policies and practices * Equips readers with multiple models with which to deal with a problem rather than proposing a simplistic strategy
Special Mention from the Jury of the Max van der Stoel Human Rights Award 2012 In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings. As such, the aim of this study is threefold: (i) to describe, explain and clarify the procedural role afforded to victims in international criminal proceedings; (ii) to evaluate whether the current approaches to victim participation in international criminal proceedings are consistent with human rights standards; and (iii) to determine the proper scope and content of victim participation in international criminal proceedings. To structure the analysis, the framework focuses on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards. Broken up into two main parts, the first part of the study covers criminal law theories and the current role afforded to victims in domestic jurisdictions. It further examines the development of their procedural rights both domestically and internationally. The second part of the study then deals exclusively with international criminal justice institutions and the participatory rights afforded to victims therein. Using two case studies, one on the Extraordinary Chambers in the Courts of Cambodia and the other on the International Criminal Court, the research highlights how these courts have approached the issue of victim participation. The study concludes with general recommendations. It is hoped that the findings of this study may contribute to a better understanding of competing rights within international criminal justice and that they provide those involved in the shaping of international criminal justice a means through which to view the participatory rights of victims.
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.
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